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HomeMy WebLinkAboutAgreements/Contracts - Public Defense/j— K20-217 J K20-217 PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS IN GRANT COUNTY DISTRICT COURT PART TIME CONTRACTOR This Professional Services Agreement ("PSA") is entered into effective January 1, 2021, by and between Grant County, a political subdivision of the State of Washington (hereinafter called the "County"), and the undersigned Public Defender who is fully admitted to practice law in the State of Washington. 1. PARTIES AND TERMS: Grant County is a political subdivision of the State of Washington. Michael S. Prince, WSBA #34021 (hereafter "Public Defender") is an attorney licensed to practice law in the State of Washington and, as an independent contractor, agrees to contract with the County to provide indigent defense services in accordance with the terms of this Agreement. The purpose of this Professional Services Agreement is to provide for the representation of indigent defendants who are entitled to counsel at public expense in Grant County District Court. The term of this Agreement shall commence on the 1st day of January, 2021 and terminate on the 31st day of December, 2022 unless otherwise terminated pursuant to the termination provisions of this Agreement. No notice is required to terminate this Agreement at the end of the term. 2. DEFINITIONS. For the purposes of this Agreement, the following definitions shall apply: a. "Public defense system" means any system or program under which Grant County provides, has provided, or is obligated to provide for the criminal defense of any indigent person charged with a crime or other applicable matters in Grant County Superior, Juvenile, or District Court. b. "Public defender" means any attorney who is hired by or contracts with Grant County to represent indigent persons charged with a crime or other applicable matters in Grant County Superior, Juvenile, or District Court. c. "WSBA Standards for Indigent Defense Services" means the standards adopted June 3, 2011 or any subsequent version adopted by the WSBA Board of Governors. These standards have been officially adopted and codified in chapter 2.30 of the Grant County Code pursuant to RCW 10.101.030. (Copies available for review at the Office of the County Commissioners; copies also available upon request.) d. "Director of Public Defense" means the attorney who is hired to supervise or oversee the system or program under which Grant County has provided, provides, or is obligated to provide for the criminal defense of any indigent person charged with a crime or other applicable matters in Grant County Superior, Juvenile, or District Court. 2021 PSA -DC, Michael S. Prince Page 1 of 16 e. "Policy" and/or "Policies" are defined as a policy or policies as developed by the Grant County Department of Public Defense. Policies are available by contacting the Director of Public Defense. f. "Good standing" (in relation to a Public Defender's membership status of the Washington State Bar Association) is defined as the public defender being current in his/her bar dues, continuing legal education credit hours, and has not had any bar complaints that were resolved adversely in any manner against the Public Defender. 3. PROFESSIONAL SERVICES. Public Defender shall represent in a professional manner all individuals charged in Grant County District Court for whose representation he or she is appointed. Such representation shall include, but is not limited to, preparation and appearance at all phases of court proceedings including arraignments, pre-trial hearings, motions, trials, sentencing, post -trial motions and restitution hearings. The Public Defender's duties also shall include the preparation and filing of all pleadings necessary to perfect an appeal beyond District Court when appropriate and representing an appellant until new counsel is appointed to process the appeal. The Public Defender agrees not to accept appointments for indigent defense services in any other courts other than representing offenders in Grant County District Court. Exceptions may be made, on a limited basis and with prior approval from the Grant County Director of Public Defense. The Public Defender further represents and warrants that, throughout the entire term of this Agreement, Public Defender will have adequate time in Public Defender's practice and regular personal schedule and will have adequate office support staff services, office resources, and office equipment to competently undertake and effectively perform all services required under this Agreement. If this agreement is less that a full caseload Public Defender further represents and warrants that Public Defender's private law practice, if permitted under this agreement, and personal schedule will not unduly or unreasonably interfere with Public Defender's ability to timely and efficiently perform such services. Such services include, without limitation, Public Defender's ability to prepare for and attend regularly scheduled trials and dockets or Public Defender's ability to schedule and conduct face-to-face meetings with the indigent persons Public Defender is appointed to represent under this Agreement for purposes of discussing, preparing, and pursuing the most viable defense(s) and/or resolution available to the alleged criminal charge(s) and keeping such persons reasonably apprised as to the status of their case. The essential functions of this position include, but are not limited to: the ability to do all of the reading and writing necessary to file pleadings with the court; to attend court on a daily basis as needed; to meet with clients both in the jail and at the Public Defender's own office; to travel as necessary to attend court hearings, interview witnesses and otherwise prepare for court and trial; to attend court during trial and to complete all other attendant tasks associated with competent case and trial management. 2021 PSA -DC, Michael S. Prince Page 2 of 16 4. TRAINING AND QUALIFICATIONS OF PUBLIC DEFENDERS. All Public Defenders must be in compliance with the Washington State Court Rules CrRLJ 3.1 stds concerning the provision of Indigent Defense Services as well as the Washington State Bar Association Standards for Indigent Defense Services as adopted June 3, 2011 or any subsequent version adopted by the WSBA Board of Governors. The Public Defender shall further comply with and file the Certification of Appointed Counsel as required by CrRLJ 3.1 stds. These standards have been officially adopted and codified in chapter 2.30 of the Grant County Code. (copies are available for review at the Office of the County Commissioners; copies are also available upon request). 5. COMPENSATION. The Public Defender base rate of compensation shall be Ninety Four Thousand, Eight Hundred Sixty and 00/100 Dollars ($94,860.00) in twelve (12) monthly installments of Seven Thousand, Nine Hundred Five Dollars and 00/100 Dollars ($7,905.00) to handle 350 cases per year during the contract term. Both compensation and number of cases with be prorated if any year is less than a full year. In addition to the yearly compensation, Grant County shall pay the Public Defender Two Hundred and No/100 Dollars ($200.00) per diem for each day or portion thereof in actual trial. The Director of Public Defense shall distribute the cases to the Public Defender at his/her discretion. Except for genuine conflicts of interest, the Public Defender will be required to accept all cases assigned up to the maximum number of cases provided in this agreement, not to exceed 350 annualized cases. In the event this contract is terminated by either party prior to the end of its term, the County shall pay the pro -rata amount based on the total months Public Defender received cases in the year of the termination. The worksite is Grant County District Court in Moses Lake and Ephrata, Washington, and the office of the Department of Public Defense. The Public Defender will not be compensated for travel to and from the worksite for any reason. The Public Defender may be compensated for necessary and extraordinary out of county travel if required for effective representation of a client. Necessary and extraordinary travel must be approved by the Director of Public Defense prior to travel. The Public Defender is responsible for all costs and fees incurred in maintaining a law office including, but not limited to, rent, phones, copying, faxes, secretarial support, and all other costs and fees in maintaining a law office. The County's designated representative will meet with the Public Defender starting no later than October 1, 2022 to discuss the terms and conditions for the contract for the succeeding term. 6. INVESTIGATORS. Grant County shall provide Investigators for use by the Public Defender, at no cost to the Public Defender. Public Defenders shall use the Investigators provided by the County, as reasonable and necessary, unless otherwise specifically authorized by the Director of Public Defense. The Public Defender agrees to be familiar with policies regarding the use of investigators and to use the Grant County Department of Public Defense forms for requesting the assignment of an Investigator. 2021 PSA -DC, Michael S. Prince Page 3 of 16 7. EXPERTS. Grant County shall pay reasonable compensation for Expert Witnesses necessary for the defense of indigent defendants, including investigation, preparation and trial of a case, at no cost to the Public Defender. Public Defender shall obtain approval for Expert Witness fees by an appropriate motion to the Grant County District Court. Public Defenders shall be free to retain Experts of their choosing subject only to the limitations set forth by the Court's order approving the hiring of the Expert. Public Defenders may redact billing entries (other than an indication of the hours spent and rate charged) from Expert invoices for purposes of submitting them for payment by the County. The billing should include a cause number, the name of the defendant and the tax ID number of the provider. 8. INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified Interpreters to interpret for Public Defenders at the Grant County Jail and other reasonable times and places when Public Defenders need access to interpreter services. 9. CONFLICTS OF INTEREST. The Public Defender shall implement and maintain a conflicts -check system and procedure for monitoring potential conflicts of interest in addition to any system and/or procedure used by the assigning entity. This conflict -check system and procedure must be approved by the Director of Public Defense. 10. CASE APPOINTMENTS & LIMITATIONS. The parties agree that under the case appointment standards set out in this Agreement, the Public Defender will be appointed to no more than Three Hundred Fifty (350) cases per Agreement year and will be expected to handle a full case load of 350 cases or a pro -rata share for contracts less than one year unless otherwise provided in this Agreement. If, for any reason, the Public Defender refuses or is otherwise unable to handle a full case load the County may, in its discretion, terminate this Agreement pursuant to the termination provisions of this Agreement. During the term of this Agreement, Public Defender agrees to and shall accept court appointments to represent eligible indigent persons regardless of their race, color, national origin, age, marital status, sexual orientation, handicap, or political or religious affiliation on any crime or other applicable matter in Grant County District Court. The Public Defender may also accept matters in the Juvenile and Superior Court as offered by the Director of Public Defense, but only if accepting those matters will not create non- compliance with applicable court rules and standards of indigent defense caseload limits as referenced herein. Compensation for accepting matters in these other courts shall be by giving appropriate caseload credits under this contract, or by agreed upon payment consistent with the compensation provided by other specific Professional Services Agreements for work in those courts. The Public Defender shall not be required to accept an appointment under this Agreement if the appointment would create a bona fide, actual legal, ethical or professional conflict of interest for Public Defender. Public Defender shall promptly screen each case appointment for potential conflicts of interest and shall immediately inform the Director of Public Defense, in writing, of such actual or potential conflict and the reason therefore, and request the appointment of a substitute Public Defender. The Director of Public Defense will 2021 PSA -DC, Michael S. Prince Page 4 of 16 determine if an actual conflict exists. If the Public Defender disagrees with the Director's decision the Public Defender and Director may jointly submit the matter to the appropriate department of the Washington State Bar Association (WSBA) for determination or seek resolution from any court of competent jurisdiction. The Director of Public Defense will be ultimately responsible for resolution of all conflicts not otherwise resolved by the WSBA or the Court. 11. CASE EQUIVALENTS. For purposes of calculating Public Defender's "cases" under this Agreement, the following provisions shall apply: Grant County has adopted a misdemeanor case counting system beginning January 1, 2015 that is a non -weighting system. Therefore, each case assigned to the Public Defender will be counted as one (1) case. A single case is determined by the case number regardless of the number of separate charges filed under the same cause number. If a defendant is required to reappear in court for any violations of the terms of release or conditions of sentence it shall be included as a part of the original case for the purpose of case counts. An appointment to any matter in which Public Defender is initially appointed but withdraws prior to the first pre-trial hearing for any reason (including, without limitation, substitution of retained counsel or conflict of interest) shall not count as any type of case equivalent for that Public Defender. An appointment to any matter in which Public Defender was previously appointed during the contract year (or term of the Agreement) shall not be further counted as any type of case equivalent if such matter was not fully concluded and subsequently arises again before the court and Public Defender continues representing the same person in such matter (e.g., if Public Defender was appointed to represent a person on a criminal charge who fails to appear for trial, Public Defender's continued representation of such person following his/her later arrest shall be deemed as being a prior and ongoing representation and shall not count as any type of further or additional case equivalent). In any matter where the defendant to whom the Public Defender has been appointed retains his or her own attorney or is reassigned an attorney not on the District Court Defense Panel at or before the pre-trial hearing, such case shall not be counted as a case appointment for the originally assigned Public Defender under this Agreement. In any matter where the defendant to whom the Public Defender has been appointed is reassigned to another Public Defender on the District Court Defense Panel, at or before the pre-trial hearing, such case shall be counted only once as a case appointment under this Agreement and shall be credited to the recipient of the reassignment unless otherwise determined by the Director of Public Defense. In the event of a conflict of interest that requires the reassignment of a case appointment among the District Court Defense Panel, the reassignment shall count only once as a case 2021 PSA -DC, Michael S. Prince Page 5 of 16 appointment under this Agreement and shall be credited to the recipient of the reassignment unless otherwise determined by the Director of Public Defense. For purposes of this section, the date on which the case is appointed, rather than the final date of disposition, shall be used to determine the month in which the case appointment is to be counted. 11. REPORTS. The Public Defender shall submit a written monthly case assignment report to the Director of Public Defense, detailing by defendant name, case number, case type and case equivalency, the cases to which Public Defender was appointed pursuant to this Agreement during the preceding month. The report shall be submitted by the tenth (10th) day of each month for assignments made during the preceding month. Should Public Defender not submit such report, the Public Defender agrees that the record as maintained by the Director of Public Defense or the Director's designee is the official record. The Director of Public Defense or designee shall provide a written case assignment report to the Public Defender upon request, detailing the defendant name, case number, case type and case count for cases to which Public Defender was appointed pursuant to this agreement. If there is disagreement as to caseload numbers, the parties will make reasonable efforts to reconcile the caseload given to the Public Defender. The Director of Public Defense will make the final decision. CONTINUING EDUCATION/REPORT: Each Public Defender is required to attend training approved by the Washington State Office of Public Defense at least once per calendar year. The Public Defender shall submit an annual report documenting his/her having attended at least seven (7) hours of said training. The report shall be in a form and due at such time as to enable the County to comply with any reporting as required in RCW 10.101.050. NON-PUBLIC DEFENSE LEGAL SERVICES/REPORT: Each Public Defender shall report to the County hours billed for non-public defense legal services, pro bono cases, and private practice cases in the previous calendar year, including the number and types of private cases. The report shall be submitted in a form and at such time that allows the County to comply with the requirements of RCW 10.101.050. Any part time Public Defender shall submit an annual report to the Director of Public Defense documenting his/her Attorney Time Reporting Requirements (in accordance with RCW 10.101.050) on the extent of his/her private caseload only as deemed necessary by the Director of the Department of Public Defense. The Public Defender also, by his or her signature, represents and warrants to the County that the Public Defender is a member of the Washington State Bar Association, in good standing. If there is any question regarding the good standing of the Public Defender the County can require that the Public Defender provide it a Certificate of Good standing issued by the Washington State Supreme Court. Public Defender is further required to notify the Director of Public Defense of any complaint made to the WSBA and any and all disciplinary proceedings begun by the WSBA. 2021 PSA -DC, Michael S. Prince Page 6 of 16 12. CLIENT ELIGIBILITY. The Court, consistent with applicable laws, rules and standards, shall be the sole determiner of the eligibility of any particular person for representation by Public Defender under this Agreement. If Public Defender is appointed to represent a person and subsequently discovers that such person may not be eligible to receive such publicly -provided representation under the standards established by the Court, Public Defender shall immediately notify the Court of such possibility for purposes of the Court making a re -determination as to eligibility, provided that the notification does not violate any client privilege or create an ethical violation for the Public Defender. If the Court then determines that such person is not eligible for publicly -provided representation and orders the appointment of Public Defender to cease, The Public Defender shall withdraw as soon as practicable while protecting the interests of the client in the transition of retained counsel or proceeding pro se. Public Defender shall not thereafter represent such person in such matter on a retained -fee basis unless such person applies for and receives the Court's permission allowing such representation. 13. CONTINUED REPRESENTATION. In the event that a change of venue is granted to a person for whom Public Defender has been appointed to represent under this Agreement, Public Defender shall continue to represent such person in the court to which venue is transferred until the case can be transferred to an appropriate Public Defender in that county if such transfer is deemed appropriate. The Public Defender's obligations to provide representation, pursuant to this Agreement, includes the obligation to timely and fully complete all cases or matters encompassed by this Agreement. In that regard, Public Defender shall continue to provide representation for those persons whom Public Defender was appointed to represent and whose case was not concluded during the term of this Agreement or otherwise disposed of such as by appointment to successor counsel, and Public Defender's obligation to fully complete all cases or matters encompassed by this Agreement following its termination shall not in any way entitle Public Defender to receive any additional compensation beyond the compensation amount(s) specified in this Agreement. In the event that this Agreement is terminated, the Public Defender shall be responsible for continuing to represent clients on any pending cases until the case is completed. Provided, that for good cause shown, the Director of Public Defense, in his/her sole discretion, may transfer one or more pending cases to other attorneys in the Grant County Public Defense system. Those cases will continue to be counted as full cases for the departing defender and shall, at the Director of Public Defense's discretion, be counted as a full case credit for the receiving attorney depending on the stage of the proceeding. If the transfer is done prior to the pre-trial hearing, the case will not count for the departing Public Defender and will count as one full case count for the receiving Public Defender. 14. CONSULTATIONS. The Public Defender shall be available for reasonable consultations with the client. The Director of Public Defense shall monitor client contacts to ensure that the Public Defender is maintaining reasonable contact with the client. The Public Defender shall have a telephone system that will accept messages from clients after normal business hours or during times when the Public Defender is not in the office. 2021 PSA -DC, Michael S. Prince Page 7 of 16 15. COOPERATION WITH DISTRICT COURT DEFENSE PANEL, PUBLIC DEFENDERS AND DIRECTOR OF PUBLIC DEFENSE. The Director of Public Defense or appropriate designee shall assign case appointments. The panel -Public Defenders agree to cooperate with the Director of Public Defense in assigning case appointments. The Director of Public Defense shall serve as spokesperson for all participating Public Defenders and as liaison with the courts, the Prosecutor's Office and the Board of County Commissioners. The Public Defender agrees that, by entering into this Agreement, the Public Defender consents to the full authority of the Director of Public Defense. In regard to file reviews, the Public Defender specifically consents to permit the Director of Public Defense to review any file subject to case assignment as long as the review is confidential and will not waive any privilege. If the review by the Director of Public Defense will invade a privilege, create a potential conflict, or violate any ethical requirement, then the Public Defender agrees to permit another designated attorney to review the file and to report to the Director of Public Defense. The Public Defender agrees to abide by the specific terms, conditions and practice requirements of Grant County Public Defense as they apply to the Public Defender's practice including, but not limited to, caseload limitations; specific training requirements (including, but not limited to, attendance at Grant County Public Defense sponsored Continuing Legal Education seminars); periodic mandatory meetings of counsel; completion of certain specific tasks including, but not limited to, other such tasks and/or practice standards or requirements as may become necessary for the proper administration of Grant County Public Defense. 16. NON -ASSIGNMENT AND TEMPORARY SUBSTITUTIONS. Except as otherwise provided within this Agreement, Public Defender shall not allow or arrange for any other person to perform any of the services required by this Agreement, nor shall Public Defender be entitled to assign, subcontract out, or otherwise delegate any of Public Defender's rights, responsibilities, or and obligations under this Agreement. Provided that, however, subject to the approval of the Director of Public Defense, Public Defender and any of the other Defense Panel Public Defenders may mutually agree to make temporary, substitute appearances for each other on routine criminal docket matters and routine court hearings on an as -needed basis provided that Public Defender is actually and unavoidably unavailable and provided that such substitution is expressly authorized on the court record by the Court and the particular person(s) being represented by Public Defender who is/are affected by such temporary substitution of legal counsel. Any compensation or consideration to be paid or given by Public Defender to the other Defense Panel Public Defenders for such substitution(s) shall be a matter of direct negotiation and agreement between Public Defender and the other Defense Panel Public Defenders, and said other Public Defenders shall not be entitled to receive any additional compensation from the County for such substitution(s). 2021 PSA -DC, Michael S. Prince Page 8 of 16 Provided further that, however, in the event that Public Defender needs or desires to take up to a maximum of two (2) consecutive weeks leave of absence from the practice of law during the term of this Agreement and is unable to obtain the assistance of the other Defense Panel Public Defenders during such temporary absence, the Director of Public Defense may seek and obtain the assistance of another qualified Attorney to make temporary, substitute appearances for Public Defender during such absence on routine criminal docket matters and routine court hearings on an as -needed basis provided that Public Defender and such other qualified Attorney jointly prepare, sign and file a written certification with the Court (with a copy to be provided to the County) in all such matters and hearings that expressly certifies that such other qualified Attorney has reviewed this Agreement and fully meets all applicable criteria, qualifications, and requirements under this Agreement to render legal defense services to indigent persons and provided further that such temporary substitution is expressly authorized on the court record by the Court and the particular person(s) being represented by Public Defender who is/are affected by such temporary substitution of legal counsel. Any compensation or consideration to be paid or given by Public Defender to such other non -panel Attorney for such substitution(s) shall be a matter of direct negotiation and agreement between Public Defender and such other Attorney, and such other Attorney shall not be entitled to receive any compensation from the County for such substitution(s). Public Defender acknowledges and agrees that Public Defender shall be strictly responsible to ensure that such other Attorney fully complies with all terms and conditions of this Agreement during such temporary absence period (including, without limitation, the requirement to maintain the insurance coverage specified in this Agreement) and that Public Defender shall be strictly liable for any and all damages or losses sustained as a result of such other Attorney's non-compliance with the terms and conditions of this Agreement. 17. OTHER APPOINTMENTS. Except for the Court appointments expressly contemplated and provided for in this Agreement, the Public Defender shall not enter into any other contract or agreement to receive appointments from any other court to perform criminal defense or criminal prosecution services. On a limited basis, staying in compliance with applicable court rules and standards, and with prior approval from the Director of Public Defense, a qualified Public Defender may accept appointments for indigent defense services representing offenders in: a. Grant County Juvenile Court at the rate of Nine Hundred and No/100 Dollars ($900) per case. In the event the case goes to trial, the Public Defender shall also be paid One Hundred Twenty -Five and No/100 Dollars ($150.00) per diem for each day or portion thereof in actual trial. b. Grant CounLy Superior Court for Class B and C felonies (only) at the rate of Eighty and No/100 Dollars ($85.00) per hour. In the event the case goes to trial, the Public Defender will continue to bill per hour; the standard per diem rate will not apply. 2021 PSA -DC, Michael S. Prince Page 9 of 16 18. JUDICIAL SERVICE. Public Defender shall not serve in any judicial capacity (including judge pro tem or court commissioner) in or for any court located within the County on any criminal, juvenile, or infraction matter. Further, Public Defender shall not serve in any judicial capacity (including judge pro tem or court commissioner) in any case in which the County is a party or in any case in which the state of Washington is a party and is represented by the County's Prosecuting Attorney's Office or an appointed special deputy of such office. 19. TERMINATION. Involuntary Termination. The County may terminate this Agreement immediately if, in the sole determination of the Director of Public Defense, the Public Defender is not providing adequate legal services or is in material non-compliance with the terms of this Agreement. In the case of Involuntary Termination, the Director of Public Defense may direct that some or all pending cases be assigned to other qualified Public Defenders. In such circumstances, the Public Defender shall promptly, but in no event later than three (3) days after notice of Involuntary Termination, identify to the Director of Public Defense any pending cases in which special circumstances exist, such as imminent trial schedule, lengthy or complex course of litigation, special client circumstances, or other client or case based interests that may professionally require continued representation by the Public Defender. In the event that the Director of Public Defense and Public Defender cannot agree on reassignment or retention of particular cases, the matter shall be referred to the presiding judge for determination of the issue of assignment of counsel. The Public Defender will be responsible for the completion of all cases not reassigned. b. Voluntary Termination. Either party may terminate this Agreement upon One - Hundred and Twenty (120) days' advance written notice for any reason. The parties may mutually agree in writing to an earlier termination date. The Public Defender will be paid pro -rata if the effective date of the notice falls on any date other than the last day of the month. The terminating Public Defender shall be responsible for completion of all cases assigned before the termination date and shall not withdraw or transfer such cases to other counsel unless otherwise authorized or directed by the Director of Public Defense. c. Limited Continuation of Certain Terms: The terms of this Agreement for payment of additional compensation for serious cases, trials, and extraordinary cases will continue to apply to those cases assigned during the Agreement term but finished by the terminating Public Defender after the termination date. In the event that the County incurs extraordinary costs related to or required by the Public Defender's departure, the Public Defender agrees to be responsible for those costs. 20. AUTOMATIC TERMINATION. In the event that the Grant County Superior Court or any other court of competent jurisdiction enters an order that precludes Public Defender from receiving any further Court appointments hereunder, for any reason whatsoever, this Agreement shall automatically terminate without further notice as of the date such order is entered by the Court. In the event that the Court enters such an order because of unethical or unprofessional conduct by Public Defender and/or because of Public Defender's breach 2021 PSA -DC, Michael S. Prince Page 10 of 16 of this Agreement and the Court determines at that time that the circumstances justify or require a substitution of appointed counsel for any person(s) whom Public Defender was appointed to represent hereunder, Public Defender shall be fully liable to the County for any additional costs or expenses incurred by the County relating to such substitute appointment(s) in addition to any other damages sustained by the County arising out of Public Defender's conduct and breach. In the event the Public Defender's license to practice law in the State of Washington is revoked or otherwise limited or restricted, or in the event the Public Defender is disbarred or suspended from the practice of law, or in the event the Public Defender receives a recommendation from the Washington State Bar Association for suspension or disbarment, the Public Defender shall automatically be terminated without further notice as of the effective date of the revocation, restriction, disbarment or suspension, or the Washington State Bar Association recommendation. 21. INDEMNIFICATION AND HOLD HARMLESS. Public Defender hereby agrees to and shall fully indemnify the County and hold the County, its officers, employees, and agents fully harmless for any and all losses, damages, costs, charges, claims, demands, suits, or actions of whatsoever nature directly or indirectly arising out of or by reason of Public Defender's (or any person, agent, contractor, or entity acting for or on behalf of Public Defender or at Public Defender's request or direction) acts, defaults, errors and/or omissions of whatsoever nature in the performance of legal services to any person under the terms of this Agreement. In the event any suit or legal proceeding is brought against the County or any of its officers, employees or agents at any time on account of or by reason of any such acts, defaults, errors and/or omissions, Public Defender hereby covenants and agrees to assume the defense thereof and to defend the same at Public Defender's sole cost and expense and to pay any and all costs, charges, Public Defenders' fees, and other expenses as well as any and all judgments or awards that may be incurred by or entered against the County or any of its officers, employees or agents in such suits or other legal proceedings. The indemnification and hold harmless provisions of this paragraph shall survive the termination of this Agreement. 22. INSURANCE. Throughout the entire term of this Agreement and throughout any other longer time period during which Public Defender is obligated to perform services or duties hereunder, Public Defender shall obtain and continuously maintain, at Public Defender's sole cost and expense, a policy of professional liability insurance in an amount not less than Five Hundred Thousand and No/100 Dollars ($500,000.00) per claim nor less than One Million and No/100 Dollars ($1,000,000.00) in the aggregate during the policy term. Said policy shall include coverage as an additional insured for any other Public Defender(s) acting for or on behalf of Public Defender in the performance of this Agreement. Said policy shall provide professional liability insurance coverage for any errors and/or omissions by Public Defender during the course of performing legal services under this Agreement, and shall further require that the insurance company provide the County with no less than thirty (30) days' prior written notice in the event the policy is cancelled or materially altered. Said policy shall also comply with all applicable state of Washington insurance requirements and shall be issued by an insurance company 2021 PSA -DC, Michael S. Prince Page 11 of 16 authorized to conduct business and issue insurance in the state of Washington. Contemporaneously with Public Defender's execution of this Agreement, Public Defender shall provide the County and its designated Risk Manager with written proof and confirmation that such insurance policy and coverage has been obtained within fifteen (15) days of signature by the parties to this Agreement and Public Defender shall provide the Risk Manager with annual written proof and confirmation that such insurance policy and coverage continues to exist throughout the term of this Agreement on or before said policy's term of expiration. 23. RELATIONSHIP OF THE PARTIES. The parties understand, acknowledge, and agree that Public Defender is not an employee of the County and that Public Defender, as of the date of this Agreement and throughout its entire term, is and will be acting and operating as a fully independent contractor. In that regard, except as otherwise specified in this Agreement, the County shall have no authority or duty whatsoever to control or supervise the performance of Public Defender's duties and services hereunder, which control or supervisory capacity is fully vested within the inherent power and discretion of the Court(s) and/or the Washington State Bar Association. This Contract is for the personal professional services of the Public Defender. The Public Defender shall not assign or subcontract this Agreement in whole or in part. This Agreement does not create an employer/employee relationship between the parties. It is the parties intent that each contract panel -Public Defender will be an independent contractor and not a County employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Washington Industrial Insurance Act (Title 51 RCW), Washington wage and hour laws, and the Washington Employment Security Act (Title 50 RCW). The Public Defender is retained solely to represent indigent persons and is not acting in any administrative capacity on behalf of the County. The contract panel Public Defender will retain sole and absolute discretion in the judgment, manner and means of providing his or her legal representation under this Agreement subject to the rights of the Director of Public Defense to supervise and discipline each panel -Public Defender. The parties agree this Agreement shall not be construed as creating any joint employment relationship between the Public Defender and/or any of the Public Defender's officers, employees, agents or subcontractors and the County, and that the County will not be liable for any obligation incurred by the Public Defender including, but not limited to, unpaid minimum wages and/or overtime premiums. The parties further agree that the County is not responsible for providing any financial or other support for equipment, training, administrative costs or research tools for the Public Defender unless specifically agreed to by the Director of Public Defense. 24. NON-DISCRIMINATION. The Public Defender agrees that he or she and any of the Public Defender's officers, employees, and agents will comply with Titles VI and VII of the 1964 Civil Rights Act as amended in 1972; Executive Order 11246 as amended by Executive Order 11375; Sections 503 and 504 of the Rehabilitation Act of 1975; the Age Discrimination in Employment Act of 1967; the Vietnam Era Veteran Readjustment 2021 PSA -DC, Michael S. Prince Page 12 of 16 Assistance Act; the Washington State Laws Against Discrimination, Chapter 49.06 RCW; and any other applicable law or regulation prohibiting discrimination. 25. PROFESSIONAL CONDUCT. The Public Defender shall execute this Agreement independent of any governmental control, except as provided in this Agreement. The Public Defender shall represent clients, preserve client confidences, and discharge his/her duties hereunder in accordance with the Rules of Professional Conduct pertaining to Public Defenders licensed to practice law in the State of Washington and any applicable Court rules. The Public Defender shall also be familiar with and generally practice according to the Washington State Bar Association Performance Guidelines for Criminal Defense Representation approved on June 3, 2011 or any subsequent guidelines. Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by the Public Defender with respect to any client wherein a Public Defender -client privilege has been established pursuant to the terms of this Agreement. Nothing in this Agreement shall require or authorize any Public Defender to perform any acts in any manner proscribed by, or neglect to perform any duties required by the Rules of Professional Conduct promulgated by the Supreme Court of the State of Washington and adopted in RCW 2.48.230 as now or hereafter amended, or required or proscribed by applicable case law, court rules, regulations or statute. This Agreement shall neither require nor authorize any Public Defender to engage in any conduct deemed improper or unethical in opinions of the Washington State Bar Association. The Public Defender and/or support staff employed by the Public Defender shall not solicit or accept compensation from any client appointed under this Agreement. 26. RECORDS AND CLIENT FILES. Records of all matters covered by this Agreement (with the exception of client files which are not subject to the Public Records Act), shall be established and maintained by the Public Defender in accordance with requirements set forth in the Washington State Archives' Local Records Retention Schedule, at www.sos.wa.gov. Any question as to what does or does not constitute a public record should be directed to the County's Public Records Officer in the Board of County Commissioners' office at (509) 754-2011 x 638. The Public Defender shall be responsible for maintaining a client's files. In general, client files are not considered to be public records. The Public Defender shall retain and/or release client files in accordance with appropriate ethical and legal requirements. The Public Defender shall return client files to the Director of Public Defense, at no expense to the County, when the client's file needs to be transferred to another Public Defender who is a member of the Defense Panel Public Defenders. 27. SUPPLEMENTAL GENERAL CONDITIONS. 2021 PSA -DC, Michael S. Prince Page 13 of 16 Integrated Document: This Agreement embodies the entirety of the agreement between the County and the Public Defender, and its applicable terms and conditions and supersedes any and all other agreements, contracts and understandings, written or oral (including, without limitation, any previous agreement executed by the parties). No verbal agreements, conversations, understandings, or writings with any officer, official, agent, or employee of the County prior to the execution of this Agreement shall affect or modify any of the terms, conditions, or obligations contained in any documents comprising this Agreement. Any such verbal agreements, conversations, understandings, or writings shall be considered as unofficial and in no way binding upon the County. b. When Rights and Remedies Are Not Waived: In no event shall any payment by the County or acceptance of payment by the Public Defender constitute or be construed to be a waiver by such party of any breach of contract, covenant, or default which may then exist on the part of the other. The making or acceptance of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available with respect to such breach or default. c. Severability Of Provisions: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction, arbitrator or other reviewing body with jurisdiction to be void, invalid, or unenforceable, the remainder of the Agreement shall not be affected thereby and remain in full force and effect, if such remainder would then continue to conform to the terms and requirements of applicable law, and shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. d. Disputes — Arbitration: Disputes or claims arising under this Agreement between the County and the Public Defender shall initially be resolved by consultation between the Public Defender and the Grant County Board of Commissioners and are to be resolved in reference to and in accordance with the Laws of the State of Washington. If resolution of such dispute or claim is not obtained within fifteen (15) days of such consultation, the proposal then shall be submitted to final, binding arbitration in accordance with the rules of Arbitration of the American Arbitration Association. All Arbitration decisions are final and binding on all parties. The parties may mutually agree to different rules for the resolution of the arbitration, as long as the agreement is in writing and signed by an authorized party representative. e. Modifications: Nothing contained in this Agreement shall be deemed to preclude any party from seeking modification of any term contained herein should an unforeseen and material change in circumstances arise. Any agreement, contract, understanding, or modification made between the parties subsequent to this Agreement, including any formal addenda or other modification to the terms and conditions of this Agreement must be executed with identical formality as this Agreement; otherwise the same shall not be enforceable. 2021 PSA -DC, Michael S. Prince Page 14 of 16 f. Assignability: The Public Defender may not assign his/her rights or obligations under this Agreement to a third party. g. No Waiver: No failure of the County or the Public Defender to insist on the strictest performance of any term of this Agreement shall constitute a waiver of any such term or an abandonment of this Agreement. h. Governing Law: This Agreement shall be governed by the laws of the State of Washington. Should this Agreement be subject to scrutiny by a court of law, arbitrator or other reviewing body with jurisdiction, it shall be interpreted as if drafted by the County. SIGNED this q�L, day of December, 2020. BOARD OF COUNTY COMMISSIONERS COUNTY, WASHINGTON tTC-1 L To aylor, Vice C a -- Richard Stevens, Member 2021 PSA -DC, Michael S. Prince Page 15 of 16 SIGNED this /4*9 day of December. 2020. PUBLIC DEFEND R s .V?ichAei S. Prince Address: PO Box 843 Lib --.-N Lake, WA 990-0843 Phone: (509) 654-2649 E-mail: ;rnrince!awramai!.cofn Tax ID 9: 84-4758287 r �U-o ;