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HomeMy WebLinkAboutAgreements/Contracts - Public Defense—Overflow Hourly Attorneys - Brooke Hagara, and Derek Reid • During the month of September, the Grant County Prosecuting Attorney filed a Murder 2 and multiple Assault case in Grant County Superior Court. There are currently six (6) co - Defendants. Three (3) defendants are charged in Juvenile Court, and (3) in Superior Court. • Because of conflicts and/or qualifications under the standards of public defense, we are only currently able to cover three (3) of those cases. • One (1) defendant has hired private counsel in time to not create an additional conflict. After some work, I have been able to secure two (2) attorneys from Spokane who have agreed to take the respective cases. The attorneys are Brooke Hagara and Derek Reid. • The amount agreed to is what is being paid by Douglas County, and Chelan County (in some cases). I believe the amounts to be paid are fair and reasonable considering the expertise required. • The attorneys are fully- qualified to handle the cases they have agreed to take. • The County must provide independent counsel for each co-defendant as constitutionally mandated in the landmark case, Gideon U. Wainwright, 372 US 335 (1963). BUDGET: • The budget as submitted for 2023 contemplates these extraordinary cases and the budget for the Department of Public Defense should absorb the additional costs. logo"'' My recommendation is that the board approve the attached Professional Services Agreements for Brooke Hagara and Derek Reid. V K-23-240 PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS IN GRANT COUNTY SUPERIOR COURT (ADULT FELONY ONLY) PART TIME CONTRACTOR This Professional Services Agreement ("PSA") is entered into effective September 22, 2023, by and between Grant County, a political subdivision of the State of Washington (hereinafter called the "County"), and the undersigned Public Defender (hereinafter called the "Public Defender"), who is fully admitted to practice law in the State of Washington. 1. PARTIES AND TERMS-, a. Grant County is a political subdivision of the State of Washington and agrees to contract with the undersigned independent attorney to provide 'Indigent defense legal services in the Superior Court of Grant County. b. Derek Reid, WSBA #34186 (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 term of this Agreement shall commence on the 26th day of September, 2023 and terminate on the 31st day of December, 2024 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 felony or other applicable matter in Grant County Superior Court, b. "Public defender" means any attorney who is hired by or contracts with Grant County to represent indigent persons charged with felony crimes or other applicable matters in Grant County Superior Court. C. "Standards for Indigent Defense Services" means the standards approved and required by the Washington State Supreme Court. Should the Court amend or update the Standards of Indigent Defense Services, the parties agree adopt the most recent and current version, 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, does provide, or is obligated to provide for the criminal defense of any indigent person changed with a felony or other applicable matter in Grant County Superior Court. e. "Policy" and/or "Policies" are defined as a policy or policies as developed by the Grant County Department of Public Defense. 2023-2024 PSA -SC Hourly, Derck Reid Page 1 of 14 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. Each Public Defender shall represent in a professional manner all individuals charged with felonies or other applicable matters in the Grant County Superior Court for whose representation he or she is appointed. Such representation shall include, but is not limited to, attendance at first appearances and bail hearings, preparation and appearance at all phases of court proceedings including arraignments, pretrial 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 Superior Court when appropriate and representing 0 an appellant until new counsel is appointed to process the appeal. The Public Defender shall maintain a telephone line to receive calls from clients which shall be accessible to all clients including those being held in -custody pending further proceedings. The Public Defender 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 undertake and effectively perform all services required under this Agreement. Public Defender further represents and warrants that Public Defender's personal schedule will not unduly or unreasonably interfere with Public Defender's ability to timely and efficiently perform such services including, 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 for up to eight hours a day 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, 4* QUALIFICATIONS OF PUBLIC DEFENDERS. All Public Defenders must satisfy and meet The Standards for Indigent Defense Services and be guided by the Washington State Bar Association Performance Guidelines for Criminal Defense Representation. 2023-2024 PSA -SC Hourly, Derek Re -id Page 2 of 14 5, COMPENSATION, The Public Defender shall be paid Ninety -Five and No/100 Dollars ($95.00) per hour for class B and C felonies and One Hundred Twenty (120.00) per so hour for Class A felonies, or each part thereof spent conducting professional activity on each case. It is recognized that Public Defender's office is in Spokane and billing may include travel for court hearings, meetings with clients and any other legitimate public defense business. The billing shall be made in 1/10 hours for work done in the customary legal fashion, Public Defender will deliver an invoice for each case worked on to the Director of Public Defense (or designee) at the end of each month specifying the case and detailing the activity and the work done on each case. Each invoice should have an original invoice number. Public Defender will bill travel time on a separate invoice if Public Defender is traveling for more than one case at a time. Should other travel expenses need to be incurred, Public Defender will seek prior approval from the Director of Public Defense. 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. Public Defender will be paid for services within 30 days after invoices are submitted. The Director of Public Defense will act within a reasonable time to reconcile any issue with invoices. 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 abide by the Policy on Use of Investigator as currently required by the Director of Public Defense and use the form prescribed for requesting the assignment or supplemental use of an Investigator. 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 Superior Court. Public Defenders shall be free to retain Experts of their choosing subject only to the limitations set forth by the Superior 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 pa'yment by the County. The billing should include a cause number, the name of the defendant and the tax ID number of the provider. 8, ADMINISTRATIVE SUPPORT. Public Defender shall employ secretarial/paralegal support for a minimum 5 hours per week unless and until the Director of Public Defense concludes that a given Public Defender does not require such administrative support and notifies the Public Defender of that decision in writing. Each Public Defender shall maintain appropriate documentation of that Public Defender's arrangements for staff support and shall provide copies of that documentation to the Director of Public Defense. 2023-2024 PSS, --SC Hourly, Derek Reid Page 3 of 14 Whereas this agreement calls for and is anticipated for "conflict and overflow" cases to be assigned, the Director of Public Defense does not require at this time such administrative support. The Director will give notice should this requirement change, 9, INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified Interpreters to interpret for Public Defenders at the Grant County Jail and at other reasonable times and places when Public Defenders need access to interpreter services. 10. 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, IL CASE APPOINTMENTS & LIMITATIONS, This agreement is entered into during a time when Public Defender has agreed to take a particular case. Should the Public Defender agree to take any other cases during the period of this agreement, the agreement will be in effect for each case. Public defender is under no obligation to take any further cases. Public Defender agrees to execute and file the Certification of Compliance as required by CrR 3.1. During the term of this Agreement, Public Defender agrees that if they accept appointments, they 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 felony or other applicable matter in Grant County Superior Court. Provided, however, that the Public Defender shall not be required to accept an appointment under this Agreement if the particular 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 determine if an actual conflict exists. If the Public Defender disagrees with the Director's decision the Public Defender may submit the question to the Court for resolution, The Director of Public Defense will be ultimately responsible for alternative assignment of cases conflicts. 12. CASE EQUIVALENTS. For purposes of this agreement., case equivalents are not necessary as the Public Defender will bill hourly for each case. 13. 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 third (3rd) day of each month for assignments made during the preceding month. 2023-2024 PSA -SC Hourly, Derek Reid Page 4 of 14 In the alternative, the Public Defender may agree that the Director of Public Defense or his/her designee shall provide a written monthly case assignment report to the Public Defender detailing the defendant name, case number, case type and case count equivalency the cases to which Public Defender was appointed pursuant to this agreement during the preceding month. If the Public Defender does not respond with two (2) days of receipt of the report with any changes or corrections, the report then shall be deemed final for all purposes. 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 bong 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. The jaart 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. 10 1.050) 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. 14. 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, the appointment of Public Defender to represent such person shall be rescinded and such person shall be required to retain his/her own legal counsel. 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, 15. CONTINUED RE PRESENTATION. 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, 2023-2024 PSA. -SC Hourly,E)=k- Reid Page 5 of 14 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 omnibus hearing, the case will not count for the departing Public Defender and will count as one full case count for the receiving Public Defender. 16, 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. 17, COOPERATION WITH FELONY DEFENSE PANEL PUBLIC DEFENDERS AND DIRECTOR OF PUBLIC DEFENSE. The Director of Public Defense 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 Director of Public Defense has the authority to assign or designate I' Chair and 2nd Chair counsel in any case that he/she determines is appropriate. %1.1 2023-2024 PSA -SC Hourly, Derek Reid Pag ze 6 of 14 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; and completion of certain specific tasks including, but not limited to, managing initial client appearances in a rotation; and other such tasks and/or practice standards or requirements as may become necessary for the proper administration of Grant County Public Defense, 18. NON -ASSIGNMENT AND TEMPORARY SUBSTITUTIONS. Except as otherwise provided within this Agreement, Public Defender shall not allow or arrange for any other rov within 1 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. ies, Provided that, however, subject to the approval of the Director of Public Defense, Public Defender and any of the other Felony 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 Felony Defense Panel Public Defenders for such substitution(s) shall be a matter of direct negotiation and agreement between Public Defender and the other Felony 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). 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 Felony 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 2023-2024 PSA -SC Hourly, Mrek Reid Page 7 of 14 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. 19, TUDICIAL 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. 20. TERMINATION. a. Involunta 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 specialcircumstances 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. Voluntaty 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 effective date. The terminating Public Defender shall be responsible for completion of all cases assigned before the effective date and shall not withdraw or transfer such cases to other counsel unless otherwise authorized or directed by the Director of Public Defense. 21,.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 2023-2024 PSA -SC Hourly, W- ek Reid Page 8 of 14 or unprofessional conduct by Public Defender and/or because of Public Defender's breach 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 lave 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 Mate 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. 22, 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. 23. 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 rive 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 (3o) days' prior written notice in the event the policy is cancelled or materially altered. Said policy shall also comply with all applicable state of 2,023-2024 PS.A-SC Hourly, Derek Reid 'age 9 of 14 Washington insurance requirements and shall be issued by an insurance company 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 (1 5} 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. al 24, 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 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 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. 25, 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 2023-2024 PSA -SC Hourly, Derek Reid Page 10 of 14 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 Assistance Act; the Washington State Laws Against Discrimination, Chapter 49.06 RCW; and any other applicable law or regulation prohibiting discrimination. 26. 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, 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. 27, 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.waj,,Yov. Any question as to what does or does not constitute a public record should be directed the County's Public Records Officer in the Commissioners' office at (509) 754-2011 ext. 2938. The Public Defender shall be responsible for maintaining a client's files. 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 County's Public Defense Panel. 28. SUPPLEMENTAL GENERAL CONDITIONS, a. Integrated Document: This Agreement embodies the entirety of the agreement between the County and the Public Defender, and its applicable terms and conditions 2023-2024 PSA -SC Hourly, Derek- Reid Page 11 of 14 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 0 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. Assignability.- The Public Defender may not assign his/her rights or obligations under this Agreement to a third party, 2023-2024 PSA -SC Hourly, Mrok- Reid Page 12 of 14 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 S day of. nc-Anbuv- 2023, Attest: B, "I ra J. Vasquez. r of oard r Agreement NOTE: 7 Agreement must be signed in the presence of a Notary. Notary block- is on the folloAking page. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ---- - - ------ Danny Stoe, Member PUBLIC Derek Reid, WSBA. #34186 Address-, 421 W. Riverside Ave Ste 812 Spokane, W.A. 99201-0403 Phone: (5 09) 356-0374 E-mail: dreid@reidlegatoffice.com Tax ID #: 2023-2024 PSA -SC Hourly, Derek Reid Page 13 of 14 State of Washington )ss. County of Grant I hereby certify that 1 know or have satisfactoiy evidence that Derek Reid signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument, ,4 DATED: If PI ii;j- V wf, % Nota,Vor Washington tat residing in My Commission expires: 2023-2024 PSA -SC Hourly, Derek, Reid Page 14 of 14 K23-241 PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS IN GRANT COUNTY SUPERIOR COURT (ADULT FELONY ONLY) PART TIME CONTRACTOR This Professional Services Agreement ("PSA") is entered into effective September 22, 2023, by and between Grant County, a political subdivision of the State of Washington (hereinafter called the "County"), and the undersigned Public Defender (hereinafter called the "Public Defender"), who is fully admitted to practice law in the State of Washington. 1. PARTIES AND TERMS: a. Grant County is a political subdivision of the State of Washington and agrees to contract with the undersigned independent attorney to provide indigent defense legal services in the Superior Court of Grant County. b. Brooke Hagara, WSBA #35566 (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 term of this Agreement shall commence on the 26th day of September, 2023 and terminate on the 31st day of December, 2024 unless otherwise terminated pursuant to the 11 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 rovi indigent person charged with a felony or other applicable matter in Grant County Superior Court. b. "Public defender" means any attorney who is hired by or contracts with Grant County to represent indigent persons charged with felony crimes or other applicable matters in Grant County Superior Court. C. "Standards for Indigent Defense Services" means the standards approved and required by the Washington State Supreme Court. Should the Court amend or -update the Standards of Indigent Defense Services, the parties agree adopt the most recent and current version. 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, does provide, or is obligated to provide for the criminal defense of any indigent person changed with a felony or other applicable matter in Grant County Superior Court. C. "Policy" and/or `Policies" are defined as a policy or policies as developed by the Grant County Department of Public Defense. 2023-2024 PSA -SC Hourly, Brooke Hagar a Page 1 of 14 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. Each Public Defender shall represent in a professional manner all individuals charged with felonies or other applicable matters in the Grant County Superior Court for whose representation he or she is appointed. Such representation Shall include, but is not limited to, attendance at first appearances and ball hearings, preparation and appearance at all phases of court proceedings including arraignments, pretrial 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 Superior Court when appropriate and representing an appellant until new counsel is appointed to process the appeal. The Public Defender shall maintain a telephone line to receive calls from clients which Shall be accessible to all clients including those being held in -custody pending further proceedings. The Public Defender represents and warrants that,, throughout the entire term of this Agreement, Public Defender will have adequate time in Public Defender'spractice and regular personal schedule and will have adequate office support staff services, office resources, and office equipment to undertake and effectively perforin all services required under this Agreement. Public Defender further represents and warrants that Public Defender's personal schedule will not unduly or unreasonably interfere with Public Defender's ability to timely and efficiently perform such services including, 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 for up to eight hours a day 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. 4, QUALIFICATIONS OF PUBLIC DEFENDERS, All Public Defenders must satisfy and meet The Standards for Indigent Defense Services and be guided by the Washington State Bar Association Performance Guidelines for Criminal Defense Representation. 2023-2024 PSA -SC Hourly, B'rooke Hagara Page 2 of 14 5. COMPENSATION. The Public Defender shall be paid Ninety -Five and No/100 Dollars ($95.00) per hour for class B and C felonies and One Hundred Twenty (1.20.00) per hour for Class A felonies, or each part thereof spent conducting professional activity on each case. The billing shall be made in 1/10 hours for work done in the customary legal fashion. Public Defender will deliver an invoice for each case worked on to the Director of Public Defense (or designee) at the end of each month specifying the case and detailing the activity and the work done on each case. Each invoice should have an original invoice number. Public Defender shall be paid for travel time in the amount of Two Hundred Fifty and No/100 Dollars for each round trip from Public Defender's office to Ephrata or Wenatchee (where juvenile clients are held), round trip, for court hearings, meetings with clients and any other legitimate public defense business. Public Defender will bill Grant County in a separate monthly invoice for this travel if travel is for more than one case. 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. Public Defender will be paid for services within, 30 days after invoices are submitted. The Director of Public Defense will act within a reasonable time to reconcile any issue with invoices. 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 rovi authorized by the Director of Public Defense. The Public Defender agrees to abide by the Policy on Use of Investigator as currently required by the Director of Public Defense and use the form prescribed for requesting the assignment or supplemental use of an Investigator. 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 Superior Court. Public Defenders shall be free to retain Experts of their choosing subject only to the limitations set forth by the Superior 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. ADMINISTRATIVE SUPPORT. Public Defender shall employ secretarial/paralegal support for a minimum 5 hours per week unless and until the Director of Public Defense concludes that a given Public Defender does not require such administrative support and notifies the Public Defender of that decision in writing. Each Public Defender shall maintain appropriate documentation of that Public Defender's arrangements for staff support and shall provide copies of that documentation to the Director of Public Defense. 2023-2024 PSA -SC Hourly, Brooke, Hagam Page 3 of 14 Whereas this agreement calls for and is anticipated for "conflict and overflow" cases to be assigned, the Director of Public Defense does not require at this time such administrative support. The Director will give notice should this requirement change. %-I 9, INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified Interpreters to interpret for Public Defenders at the Grant County Jail and at other reasonable times and places when Public Defenders need access to interpreter services. 10. 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. 11. CASE APPOINTMENTS & LIMITATIONS. This agreement is entered into during a time when Public Defender has agreed to take a particular case. Should the Public Defender agree to take any other cases during the period of this agreement, the agreement well be in effect for each case, Public defender is under no obligation to take any further I cases. Public Defender agrees to execute and file the Certification of Compliance as required by Cry.. 3. 1. During the term of this Agreement, Public Defender agrees that if they accept appointments, they shall accept court appointments to represent eligible indigent persons %.1 regardless of their race,, color,, national origin, age, marital status, sexual orientation,, handicap, or political or religious affiliation on any felony or other applicable matter in Grant County Superior Court. Provided, however, that the Public Defender shall not be required to accept an appointment under this Agreement if the particular 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 determine if an actual conflict exists. If the Public Defender disagrees with the Director's decision the Public Defender may submit the question to the Court for resolution. The Director of Public Defense will be ultimately responsible for alternative assignment of cases conflicts. 12. CASE EQUIVALENTS. For purposes of this agreement, case equivalents are not -necessary as the Public Defender will bill hourly for each case. 13. 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 third (3 d ) day of each month for assignments made during the preceding month. 2023-2024 PSA -SC Hourly, Brooke Hagara Page 4 of 14 In the alternative, the Public Defender may agree that the Director of Public Defense or his/her designee shall provide a written monthly case assignment report to the Public Defender detailing the defendant name, case number, case type and case count equivalency the cases to which Public Defender was appointed pursuant to this agreement during the preceding month. If the Public Defender does not respond with two (2) days of receipt of the report with any changes or corrections, the report then shall be deemed final for all purposes. CONTINUING EDUCATION/ SPORT. 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. 10 1.0so. NON-PUBLIC DEFENSE LEGAL SERVICES/REPORT: Each Public Defender shall report to the County hours billed for non-public defense legal services, pro bond 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. The 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. 10 1.050) on the extent of his/her private caseload only as deemed ne+cessar 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. 14. 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, the appointment of Public Defender to represent such person shall be rescinded and such person shall be required to retain his/her own legal counsel. Public Defender shall not thereafter represent such person in such matter on a retained -fee basis unless suchperson applies for and receives the Court's permission allowina, such representation. I A� 15. 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, 2023-2024 PSA -SC Hourly, Brooke Hagara Page 5 of 14 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 omnibus hearing, the case will not count for the departing Public Defender and will count as one full case count for the receiving Public Defender. 16. 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 nonnal business hours or during times when the Public Defender is not in the office. 17. COOPERATION WITH FELONY DEFENSE PANE L PUBLIC DEFENDERS AND DIRECTOR OF PUBLIC DEFENSE. The Director of Public Defense 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 pen -nit 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 aprivilege, 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 Director of Public Defense has the authority to assign or designate I" Chair and 2nd Chair counsel in any case that he/she determines is appropriate. 2023-2024 PSA -SC Hourly, Brooke Hagara Page 6 of 14 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; and completion o f certain specific tasks including, but not limited to, managing iinitial client appearances n a rotation; and other such tasks and/or practice standards or requirements as may become necessary for the proper administration of Grant County Public Defense. 18, NON -ASSIGNMENT AND TEMPORARY SUBSTITUTIONS. Except as otherwise provided within thi's 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 Felony 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 Felony Defense Panel Public Defenders for such substitution(s) shall be a matter of direct negotiation and agreement between Public Defender and the other Felony 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). 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. thepractice of law during the terin of this Agreement and is unable to obtain the assistance of the other Felony 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 basisprovided 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 thi's 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 2023-2024 PSA -SC Hourly, Brooke Hagara Page 7 of 14 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. 19. 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 ten.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 Of or an appointed special deputy of such office. 20. TERMINATION. a. 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 Ter m-ination, 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 (l o) days' advance written notice for any reason. The parties may mutually agree in writing to an earlier effective date. The terminating Public Defender shall be responsible for completion of all cases assigned before the effective date and shall not withdraw or transfer such cases to other counsel unless otherwise authon*zed or directed by the Director of Public Defense. 21. 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 farther 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 2023-2024 PSA -SC Hourly, Brooke Haryara C) Page 8 of 14 or unprofessional conduct by Public Defender and/or because of Public Defender's breach 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 ives 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. 22. 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. 23. 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 farther require that the *insurance company provide the County with no less than thirty (3 o) days' prior written notice in the event the policy is cancelled or materially altered. Said policy shall also comply with all applicable state of 2023-2024 PSA -SC Hourly, Brooke Hagara Z::Page 9 of 14 Washington insurance requirements and shall be issued by an insurance company 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. 24. 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 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 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 eachpanel-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. 25. 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 11.246 as amended by 2023-2024 PSA -SC Hourly, Brooke Hagara Page 10 of 14 Executive Order 11375; Sections 503 and 504 of the Rehabilitation Act of 1 975; the Age Discrimination in Employment Act of t967; the Vietnam Era Veteran Readjustment Assistance Act; the Washington State Laws Against Discrimination, Chapter 49.06 RCC; and any other applicable law or regulation prohibiting discrimination. 26. 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. 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 terns of this Agreement. Nothing in this Agreementshall 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 R 2.48.230 as now or hereafter amended, or required or pro scribedby 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 andJor support staff employed by the Public Defender shall not solicit or accept compensation from any client appointed under this Agreement. 27. 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 Any question as to what does or does not constitute apublic record should be directed the County's Public Records Officer in the Commissioners' office at (509) 754-2011 ext. 2938. The Public Defender shall be responsible for maintaining a client's files. The Public Defender shall retain and/or release client files in accordance with appropriate ethical and legal requiremen . ts. 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 County's Public Defense Panel. 28. SUPPLEMENTAL GEINERAL CONDITIONS, a. Integrated Document,* This Agreement embodies the entirety of the agreement between the County and the Public Defender, and its applicable terms and conditions 2023-2024 PSA -SC Hourly, Brooke Flagara Page 11 of 14 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. f. Assignability.- The Public Defender may not assign his/her rights or obligations under this Agreement to a third party. 2023-2024 PSA -SC Hourly, Brooke Hagara Page 12 of 14 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 � day of (jam-}t�bmi 2023. NOTE: Agreement must be signed in the presence of a Notary. Notary block is on the following page. 2023-2024 PSA -SC Hourly, Brooke Hagara any StToe, Member PUBLIC D DER Brooke D. Hagara, BA #3 Address: 1410 N. Mullan Rd. e 207 Spokane, WA 99206-4046 Phone: (509) 230-0220 E-mail,: brook@hagaralaw.com Tax ID #: Page 13 of 14 Mate of Washington ss. County of u ,thy, � I hereby certify that i know or have satisfactory evidence that Brooke Hagara signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Notary Pubic for vVashin�to ate residing in oun My Commission expires: Oct 2023-2024 PSA -SG Hourly, Brooke Hagara Page 14 of 14