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Home My WebLink AboutAgreements/Contracts - Public DefenseGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Public. Defense DATE: 12/12/2023 REQUEST SUBMITTED BY: Brett Hill PHONE: 4009 CONTACT PERSON ATTENDING ROUNDTABLE: Kathleen Holden CONFIDENTIAL INFORMATION: DYES 5RN0 V N 19-1 No-vul LU I a I riv :I ij NJ] ®Agreement / Contract CTAP Vouchers ElAppointment / Reappointment EIARPA Related EJ Bids / RFPs / Quotes Award []Bid Opening Scheduled D Boards / Committees 0 Budget 0 Computer Related D County Code D Emergency Purchase El Employee Rel. [Yacilities Related 0 Financial DFunds 0 Hearing 0 Invoices / Purchase Orders 0 Grants — Fed/State/County OLeases DMOA / MOU D Minutes El Ordinances 0 Out of State Travel D Petty Cash 11 Policies F1 Proclamations El Request for Purchase 0 Resolution 0 Recommendation OProfessional Serv/Consultant 0 Support Letter 0 Surplus Req, 0 Tax Levies ElThank You's ElTax Title Property E1WSLC13 M11 ej ij N 10 AN L=:l 0 1 N Im fflo's in p1mamy it -in "*#Kam Renewal contacts for full time indigent defense attorney Michael Morgan. The contract renewal is for 2024-25 at a rate of $12,127.50 monthly. This expense was contemplated and included in the 2024 budget. DATE OF ACTION: -o� DEFERRED OR CONTINUED TO: -APPROVE: DENIED ABSTAIN, D1: D2: D3: 1 K23-287 PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS IN GRANT COUNTY SUPERIOR COURT FULL TIME CONTRACTOR This Professional Services Agreement ("PSA") is entered into 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: The County agrees to contract with Michael Fraser Morgan, WSBA #15658 (hereafter "Public Defender") as an independent attorney licensed to practice law in the State of Washington, to provide indigent defense legal services in the Superior Court of Grant County as an independent contractor and who agrees to contract with the County to provide indigent defense services in accordance with the terms of this Agreement. Duration: The term of this Agreement shall commence on the 1st day of January, 2024 and terminate on the 31st day of December, 2025 unless otherwise terminated pursuant to this Agreement. No notice is required to terminate this Agreement at the end of the term. The County has the option to renew this contract for a similar term at its sole discretion subject to mutual agreement by the parties on a compensation rate for the additional 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 in Grant County Superior Court. a. "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. b. "Standards for Indigent Defense" means the standards that have been adopted by the Washington State Supreme Court that are required by Criminal Rule 3.1 (CrR 3.1), and incorporated herein by reference. C. "Director of Public Defense" (Director) means the attorney who is hired to supervise or oversee the system or program under which Grant County, provides, 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. d. "Policy" and/or "Policies" are defined as a policy or policies as developed by the Grant County Department of Public Defense. e. "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 2024-2025 PSA -SC, Michael Fraser Morgan Page 1 of 17 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 Public Defender 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 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 full-time Public Defender agrees not to accept appointments for indigent defense services in any other courts and further specifically agrees to not maintain any private practice outside of the requirements of this contract. 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. 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 thejail 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. TRAINING AND QUALIFICATIONS OF PUBLIC DEFENDERS. All Public Defenders must satisfy the NLADA Performance Guidelines for Criminal Defense 2024-2025 PSA -SC, Michael Fraser Morgan Page 2 of 17 Representation. The Public Defender shall satisfy the NLADA Defender Training and Development Standards and the Washington State Office of Public Defense training ening requirements as incorporated herein by reference unless deemed inconsistent with this Agreement or determined to be not applicable by the Director of Public Defensea copy opy 1s available for review at the Office of the County Commissioners; a co is also available liable upon request). For the purposes of this Agreement, the Public Defender must have a minimum of five (5) years of experience and substantial participation in criminal ' t� �� p . p, trials, including a minimum of two Class A felonies, up to and including first degree charges. g g murder 5. COMPENSATION. The Public Defender shall beaid One Hundred Forty ' p rty Five Thousand, Five Hundred Thirty Dollars ($145,530.00)perear a able in Y payable twelve (12) monthly installments of Twelve Thousand, One Hundred TwentySeven Dollars an Fifty d Cents ($12,127.50) to handle 150 case equivalents during eachear of the contract t term. In addition to the yearly compensation, Grant County shallpaY the Public Defender Four Hundred Fifty and No/140 Dollars ($450.00) per diem for each da ' y or portion tan thereof in actual trial. Because the in -trial hours are compensated b per diens in -trial Y p trial hours shall not be calculated toward any case equivalent unless otherwise determined rmined by the Director of Public Defense. 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 u to the maximum number umbex of cases provided in this agreement, not to exceed 150 annualized case equivalents. q 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 worked in theear of the termination. on. The worksite is Ephrata, Washington, and the Public Defender's office. The Public ublic Defender will not be compensated for travel to and from the worksite for any reason. The Public Defender is further responsible for all costs and fees incurred in maintaining 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 September 15, 2025 to discuss the terms and conditions for the contract for the succeeding term. 6. INVESTIGATORS. Grant County shall provide Investigators for use b the ' g Y 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 s ecif p xcally authorized by the Director of Public Defense. The Public Defender agrees to use e and follow any policies required by the Grant County Department of Public Defense regarding the assignment of an Investigator. 7. EXPERTS. Grant County shall pay reasonable compensation for Expert Witnesses p p necessary for the defense of indigent defendants, including investigation, e preparation an r� p d trial of a case, at no cost to the Public Defender. Public Defender shall obtain approval pp oval for Expert Witness fees by an appropriate motion to the Grant Cour' Superior erior Court. Public ublic 2024-2025 PSA -SC, Michael Fraser Morgan Page 3 of 17 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 forpayment by the County. The billing should include a cause number, the name of the defendant and the tax ID number of the provider. S. ADMINISTRATIVE SUPPORT. Each Public Defender shall maintain a minimum of '/4 -time secretarial/paralegal support 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. 9. INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified Interpreters to interpret for Public Defenders at the Grant County Jail when Public Defenders need access to interpreter services. 10. CASE APPOINTMENTS & LIMITATIONS. Theparties agree that the Public Defender will be appointed to no more than one hundred and fifty (15 0) case equivalents per Agreement year and will be expected to handle a full case load of 150 case equivalents or a pro -rata share for contracts less than one year unless otherwiseprovided in this Agreement. If, for any reason, the Public Defender refuses or is otherwise unable to handle a full equivalent 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 felony or other applicable matter in Grant County Superior Court. The parties agree that the Standards of Public Defense as promulgated by the Washington State Supreme court will be the controlling factor regarding qualifications and assignments made under this agreement. The parties also intend to abide by all Grant County Ordinances and State Statutes regarding the delivery ofpublic defense services. A Public Defender shall not be assigned a death penalty case unless the Public Defender meets the minimum professional qualification standards of the WSBA-Endorsed Standards and the applicable Washington Supreme Court rules. 12. CASE EQUIVALENTS. For purposes of calculating Public Defender's "case equivalents" under this Agreement, the following provisions shall apply: Case equivalents shall be calculated as follows: Type of Case Case equivalent Material witness 1/3 case equivalent 2024-2025 PSA -SC, Michael Fraser Morgan Page 4 of 17 Probation violation 1/3 case equivalent Contempt 0.5 case equivalent First or second degree murder Extraordinary cases All felony cases not enumerated above incl. Blake vacations and resentencing. 2 case equivalents I case equivalent for each 15 hours spent on case (excluding in -trial hours) I case equivalent The Public Defender agrees to abide by the published policies of the Department of Public Defense regarding extraordinary case credits and case equivalents including any modifications from the time they are adopted to the end of the contract term. Modifications of the case equivalents will be at the sole discretion of the Director of Public Defense. The following cases will be considered "extraordinary cases" for thepurposes of determining case equivalents: • Any case that Is defined as a "serious violent offense" by the sentencing reform act (SRA); • Fraud cases that have more than five (5) counts or where the total alleged loss exceeds $250,000; • Other similar cases as determined in writing by the Director of Public Defense. The determination will be made considering the complexity of the evidence., complexity of the legal issues, number of defendants, length of trial, or other similar factors or special circumstances. A case will not be declared extraordinary simply because it takes time to resolve. The Public Defender will handle periodic criminal dockets and other assignments including but not limited to preliminary appearances or probation violation dockets as assigned by the Director of Public Defense. An appointment to any matter in which Public Defender is initially appointed but withdraws prior to the omnibus hearing for any reason (includig, 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 waspreviously 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 felony charge who fails to appear for trial, Public Defender's continued representation of suchperson 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). An appointment involving 20242025 PSA -SC, Michael Fraser Morgan Page 5 of 17 a seventy-two (72) hour hold where the Prosecuting Attorney does not then file the charge any type of case equivalent and the defendant is released shall not count as g . An assignment of a contempt case shall be counted as a one-half case equivalent regardless q of the number of review hearings scheduled by the 'court for that except litigant t as noted g p herein. If the Public Defender has prepared for or attended more than five(5)revie• w hearings 'in a calendar year related to the same litigant, the Public Defender may apply t Y pp Y o the Director of Public Defense for one (1) additional one-half case equivalent(0.5).•.. q The granting or denial of additional case equivalents shall be at the sole discretion of the Director of Public Defense. 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 Felon Defense Panel at o Y r before the omnibus hearing, such case shall not be counted as a case appointment for the he 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 D pp g Defender on the Felony Defense Panel, at or before the omnibus 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 anion the Felon Defense Pa pp g y Panel, the reassignment shall count only once as a case appointment under this Agreement and shall be credited to the recipient of the reassignment y Director of Public Defense unless otherwise determined b the D' e g . If the client fails to appear at the omnibus or for some reason no omnibus is scheduled and/or the Public Defender is required to withdraw for any other valid reason other than for a bona fide conflict, then the Public Defender will be entitled to receive a one-half 0.5 case equivalent for that case. If the Public Defender is later reassigned to that case the Public Defender will then be entitled to an additional one-half (4.5) case equivalent. In no event shall the Public Defender be entitled to more than a 1.0 case equivalent on the case. 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. 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 s conflict -check system and procedure must be approved by the Director of Public Defense. The Public Defender shall not be required to accept an appointment under this Agreement gr t if the particular appointment would create a bona fide, actual legal, ethical or professional conflict of interest for Public Defender. Public Defender shallrompY tl screen each case p p 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 2024-2025 PSA. -SC, Michael Fraser Morgan Page G of 17 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 and Director may j• ointly 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. 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 fifth(5th) day of each month for assignments made during the preceding month. 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 in each 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 1.050. 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. Thepart time Public Defender shall submit an annual report to the Director of Public Defense documenting his/her Attorney Time Reporting Requirements (in ac C*ordance with RCW 10 J 0 1 .05 0) on the extent of his/her private caseload onkv as deemed nece by the Director of th'e 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 2024-2025 PSA -SC, Michael Fraser Morgan % Page 7 of 17 to represent a person and subsequently discovers that such person may not be eligible t receive suchpublicly-provided re y g o presentation under the standards established by the Court, Public Defender shall immediately notify the Court of suchossibili for u - p tY purposes of fibs 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 forublicl - rovided representation-, ointment of P p y p p esentat�on, thea pp Public Defender to represent such person sha11 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 REPRESENTATION. In the event that a change of venue a person far wham Public g is granted to p 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 ' 9 p agreement, includes the obligation to timely and fully complete all cases or matters encompassed b and Public Def p y this Agreement. In that regard, ender shall continue to provide representation for those persons whom Public Defender was appointed to represent and who the p se case was not Concluded during e term of this Agreement or otherwise disposed of such as b appointment to successor counsel, and Public Defender's y obligation to fully complete all cases or matters encompassed by this Agreement following its termination shall not in an way entitle Public Defender to receive an additional y y nal compensation beyond the compensation amount(s) specified in this Agreement. In the event that this Agreement is terminated, the Public Defender shall be responsible ponsxble far continuing to represent clients on any pending cases until the case is completed.. . p Provided, that for good cause shown, the Director of Public Defense, in his/her sole discretion, ' cretlon, may transfer one or more pending cases to other attorneys in the Grant CountyPublicstem. Those ca c Defense system. cases will continue to be counted as full cases for the departing defender and shall, at the Director of Public p g Defense's discretion, be counted as a full case credit for the receiving attorney depending on the stage of theroceedin . If the transfer p g is done prior to the omnibus hearing, the case will not count for the departing Public Dp g 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 no ' g 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 Direct ' p or of Public Defense in assigning case appointments. The Director of Public Defense shall serve as 2024-2025 PSA -SC, Michael ]Eraser Morgan Page 8ofl7 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, 1 9 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 1St Chair and 2nd Chair counsel in any case that he/she determines is appropriate. ro riate. The Public Defender agrees to abide by the specific terms, conditions andp ractice requirements of Grant County Public Defense as they apply to the Public Defender's practice including, but not limited to, caseload limitations; s ecific training p g 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 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 ofthe other Felony Defense Panel Public Defenders may mutually agree ee to mare temporary, substitute appearances for each other on routine criminal docket platters 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 p Y 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 weeps 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 seep and obtain the assistance of another qualified Attorney to make temporary, substitute appearances for Public Defender during such absence on routine 2024-2025 PSA -SC, Michael Fraser Morgan Page 9 of 17 criminal docket matters and routine court hearings on an as -needed basisrovided p that Public Defender and such other qualified Attorney j ointlY 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 review Agreement and fu �ed this A g fully meets all applicable criteria, qualifications, and requirements underthis 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 b Public Defender to such h other non -panel Attorney for such substitution(s) shall be a matter of direct negotiation and d agreement between Public Defender and such other Attorney, and such other Attorney shall not be entitled to receive an compensation y com p ion 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 p and conditions of this Agreement during such temporary absence period (including, without the requirement to maintain the insurance coverage specified in this Agreement) g p g meat) and that Public Defender shall be strictly liable for any and as sustained damages or losse' g ned as a result of such other Attorney's non-compliance with the terms and conditions of this Agreement. 19. OTHER APPOINTMENTS. Except for the Court appointments expressly contemplated and provided for ' p Y plated p o in this Agreement, the Public Defender shall not enter into an other contract or agreement to receive appointments Y . pp from any other court to perform criminal defense or criminal prosecution services. 20. JUDICIAL SERVICE. Public Defender shall not serve in an judicial ca 'Y capacity (including judge pro tem or court commissioner) in or for an court located within in the County on any criminal, juvenile, or infraction matter. Further, Public Defender shall not serve in any Judicial capacity (includingjudge 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 gt party and is represented by the County's Prosecuting Attorney's Office or an appointed special deputy of such office. pp p 21. TERMINATION. f. Involuntary Termination. The County may terminate this Agreement immediately ediately 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 blic Defense may direct that some or all pending cases be assigned to other qualified � er q Public Defenders. In such circumstances, the Public Defender shall promptly, but in no event later than three(3)da s after ey 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 g p client circumstances, or other. client or case based interests that may professionally Y p y re quire 2024-2025 PSA -SC, Michael Fraser Dorgan Page l g 0 of 17 continued representation by the Public Defender. In the event that the h Director of Public Defense and Public Defender cannot agree on reassignment or ° particular cases the matter shallg retention of be referred to the presiding judge for determination of the issue of assignment of counsel. The Public Defender will be responsible ponslble for the completion of all cases not reassigned. g. voluntary Termination. Either party may terminate this Agreement �uponOneHundred and Twenty (120) days' advance written notice for any reason. The parties may mutually agree in writingto an earlier effective � • y ective 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 o assigned before the p fall cases gn effective date and shall not withdraw or transfer such cases to other counsel unless otherwise authorized or directed by the Director of Public Defense. h. Limited Continuation of Certain Terms: The terms of this Agreement g nlent for payment of additional compensation for serious cases, trials, and extraordinarycases • apply to those will continue to pp y e cases assigned during the Agreement term but ished by the finterminatiohe event that the Count Public Defender after the effective date of termination. Int g County incurs extraordinary costs related to or required by the Public Defender's departure, t agrees p 9 he Public Defender a gr s to be responsible for those costs. 22. AUTOMATIC TERMINATION. In the event that the Grant County Superior Court or any other court of competent jurisdiction enters an order thatreceivin recludes Pub from receiving p lac Defender g any further Court appointments hereunder, for any reason whatsoever, ' Agreement shall automatically ' this y 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 reement and t r s breach of this .A g he Court determines at that time that the circumstances justifyulre a SlibStltutl.on Of a a r require appointed counsel for any person(s) whom Public Defender was appointed to represent hereunder, Public Defender shall be full liable to an additional y the County far y costs or expenses incurred � by the County relatingto such substitute appointments in addition to an y other damages sustained b the County arising Public Defender's conductY ty gout of and breach. In the event the Public Defender's license to practice law in the State' of Washington 1s revolved 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 recommendation from the Washington State Ba receives a gt r 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, p , or the Washington State Bar Association recommendation. 23. INDEMNIFICATION AND MOLD HARM LESS. Public Defender d r hereby agrees to and shall fully indemnify the County and hold the Count its officers, rs, employees, and agents fully harmless for any and all losses, damages, costs charges, claims, ms, demands, suits, or actions of whatsoever nature directly or indirectly arising out of or by reason of 2024-2025 PSA -SC, Michael Fraser Morgan Page 11 of 17 Public Defender's (or any person, agent, contractor, or entityactin for or on Public De g behalf of 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 an person g y p n 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 an time on account t 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 cast and expense and to pay any and all costs, charges, Public Defenders' efenders' fees, and other expenses as well as any and all judgments or awards that may e bIncurred .by or entered against the County or any of its officers, employees oragents insuits or other legal proceedings. The indemnification and hold harmless provisions ' p of this paragraph shall survive the termination of this Agreement. 24. INSURANCE. Throughout the entire term of this Agreement and throughout g g any other longer time period during which Public Defender is obligated to perform services or duties hereunder, Public Defender shall obtain and continuous) maintain at Public Defender's . . , Y efender s sole cost and expense, a policy of professional liability insurance in an amount tY not less than Five Hundred Thousand and No/100 Dollars ($500,000.00)er claim n p or less than One billion and No/100 Dollars ($1,000,000.00) in theaggregate durin g 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 theerformanc p e 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 b an insurance . Y company authorized to conduct business and issue insurance in the state of Washington. Contemporaneously with Public Defender's execution of this A greement, Public Defender shall provide the County and its designated Risk Manager with ' � g th written proof and confirmation that such insurance policy and coverage has been obtained ' fifteen(15)da s of si g within y 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 o said policy's � n or before p y of expiration. 25. 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 s ecified ' ' p p in this Agreement, the County shall have no authority or du whatsoever to control or ' t duty supervise he 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) on State ( ) and/or the Washin gt to Bar Association. 2024-2425 PSA -SC, Michael Fraser Morgan Page 12 of 17 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 inp art. 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 p t contractor and not a County employee for all purposes, including, but not limited to the application ' � pp anon of the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment revisions of the Tax .Act, the p Internal Revenue Code, the Washington Industrial Insurance Act (TitleS1 RCW , Washington wage and hour laws, and the Washington EmploymentSecurityAct (Title 50 RC),The Public Defender is retained solei re indigent Y to represent gent persons and is not acting in any administrative capacity on behalf of the County. The Public will retain tY panel ]Public in sole and absolute discretion in the judgment, manner and means o providing his or her legal representation f • g g p ntation under this .Agreement subject to the rights of the Director of Public Defense to supervise and each ne disci lih anel-Public p p Defender. The parties agree this Agreement shall not be construed as creatingan 'oint relationshipbetween t Y J employment he Public Defender and/or any of the Public Defenders officers employees, agents or subcontractors and the County, and that the Count will' obligation ynot be liable for any gation incurred by the Public Defender including, but not limited to unpaid minimum wages and/or overtime premiums. The parties es further agree that the County is not responsible for providing any financial or other support for equipment, pptraining, administrative costs or research tools for the Public Defender unless specifically p fically agreed to by the Director of Public Defense. 26. NON-DISCRIMINATION. The Public Defender agrees that he or e � h and any of the Public Defender's s officers, employees, and agents will comply with Titles VI a the 1964 Civil Rights -� Y and VII of g Act as amended in 1972; Executive Order 11246 as amended b Executive Order 11375; Sections 503 and 504 of the Rehabilitation Y tation .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. 27. inPROFESSIONAL CONDUCT. The Public Defender shall execute this Agreement dependent ' of any governmental control, as except provided in this s Agreement. ThePublic Defenderp shall represent clients, preserve client confidences and discharge ' s ge his/her duties hereunder in accordance with the Rules of Professional Conduct pertainingto Public Defenders licensed to ractice law in the St p ate of Washington and any applicable Court rules. It is understood at the making of this Agreement that the Public Defender herein is not currently qualified concerning the representation of a death penalty case. In felon case wherein p tY the event of a y erein the Prosecuting Attorney's Office files notice of its intent to seek penalty, the County the death ]� Y� ty will take the necessary steps to provide for deathenal qualified Counsel to serve as the lead p � Public Defender, outside the provisions of this .Agreement, unless same can be handled by a Felon Defense Panel ' Y Public Defender working under the Agreement. In the event that the Countyis required to re . q tarn the services 20242025 FSA -SC, Michael Fraser Morgan Page 13 of 17 of a death penalty qualified Counsel, the Public Defender willprovide all necessary support services including, without limitation, reasonable secretarial services. The Director of Public Defense will appoint a Public Defender to sit as a second chair Public Defender, and to provide support to the lead chair; this Public Defender shall take appropriate steps to become death penalty qualified after gaining the requisite experience. In such event, the Public Defender will then be a death penalty qualified Public Defender in the event of any subsequent death penalty cases that might arise during the duration of thi's Agreement. The Public Defender may then be appointed on any subsequent death penalty cases once qualified as a death penalty Public Defender. 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 establishedpursuant 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 ofWashington 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. 28. 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 6 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 and protecting 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. 29. SUPPLEMENTAL GENERAL CONDITIONS. a. Integrated Document: This Agreement embodies the entirety of the agreement between the County and -the Public Defender, and its applicable ten -ns and conditions and supersedes any and all other agreements, contracts and understandings, written or oral (including, without limitation any previous agreement executed by the 2024-2025 PSA -SC, Michael Fraser Morgan Page 14 of 17 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. a. 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 0 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. b. , 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. c. Disputes — Arbitration: Disputes or claims arising under this Agreement be 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 Agreementincluding any form , al 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. 2024-2025 PSA -SC, Michael Fraser Morgan Page 15 of 17 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 an h or an abandonment of this AgreementY such terns . h. Governing Law: This Agreement shall be g 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. IV- SIGNED this ' day of December, 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON S`aa�.sao Rob Jon�,Ghiti�- Cindy Carter, 'ce Chair t .Attest: Danny Sto e, Member Barbara J. Vasquez, Clerk of the Board 2024-2025 PSA -SC, Michael Fraser Morgan Pae 16 Page of 17 Michael Fraser Morgan PUBLIC DEFENDER I NOTE: Michael Fraser Morgan, WSBA #1 F) 5658 Agreement must be signed hi. the Presence of aWatwy. Notary block is Address: 3611 SW 31 Ith Place below Federal Way, WA 95023 Phone: (253) 350-9083 t -mail: inichael@theinorganlawoffice.com Tax ID #: 27-3324491 State of Washington )Ss. County of King I hereby certify that I know or have satisfactory evidence that Michael Fraser Morgan signed this histrw-nent and acknowledged it to be his tree and voluntary act for the uses and purposes mentioned in the instrutnent DATED: 0,/ Oil 10. ow NOTARY 0 vr% ft PUBLIC 0 40 or 0 "04 - Na0***000046 N6 �X3'0 ,40#0P WA�y #*�411111%10 2024-2025 PSA -SC, Michael Fraser Morgan" 'tI� 'jor Washington State, in King County. [mission expires: 107 _Dj4L%Z - Page 17 of 17 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Public DL'f@ClS2 REQUEST suannirrED BY:Kathleen Holden CONTACT PERSON ATTENDING ROUNDTABLE: Kathleen Holden CONFIDENTIAL INFORMATION: DYES RNO K23-288 DATE: 12/12/2023 PHONE:40 1 6 DATE OF ACTION: 143 APPROVE: DENIED ABSTAIN D1: D2: ...,- D3: 1 DEFERRED OR CONTINUED TO: oar 1 8 ; IM if ®Agreement / Contract DAP Vouchers DAppointment ! Reappointment DARPA Related []Bids / RFPs / Quotes Award OBid Opening Scheduled ElBoards / Committees []Budget ClComputer Related ❑County Code []Emergency Purchase []Employee Rel. O Facilities Related D Financial D Funds D Hearing D Invoices / Purchase Orders D Grants — Fed/State/County D Leases D MOA / MOU []Minutes ClOrdinances []Out of State Travel []Petty Cash D Policies M Proclamations D Request for Purchase Q Resolution D Recommendation D Professional Sery/Consultant D Support Letter D Surplus Req. []Tax Levies []Thank You's ❑Tax Title Property OWSLCB Renewal Contract for 2024-2025 Conflict and Overflow Investigator Karl Calhoun Professional Service Agreement (PSA) DATE OF ACTION: 143 APPROVE: DENIED ABSTAIN D1: D2: ...,- D3: 1 DEFERRED OR CONTINUED TO: 2024-2025 PROFESSIONAL SERVICES AGREEMENT CONFLICT AND OVERFLOW INVESTIGATOR This Agreement ("Agreement") is made and entered into by and between Grant County ("COLNTY"), a political subdivision of the state of Washington, and Karl Calhoun known as Calhoun Investigative Services ("INVESTIGATOR!'), a Washington State Private Investigative Agency, for the express purposes set forth in the following provisions of this Agreement. WHEREAS., the COUNTY desires to make arrangements to obtain an independent contractor to perform investigation services; and WHEREAS, the purpose of this Agreement is for the retention of investigative services to assist the Grant County Public Defense as they conduct indigent defense services. NOW, THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the COUNTY and the INVESTIGATOR mutually agree as follows: 1. SCOPE OF WORK a. The COUNTY intends to retain the services of the INVESTIGATOR to provide conflict and overflow investigative services as dire ' cted by the COUNTY through the Director of Grant County Department of Public Defense for investigations in Superior Court, Juvenile Court, and/or District Court cases. Investigative services include, but are not limited to, consultation with public defender, identifying and interviewing witnesses, preparing reports, recorded statements, and related investigative services, as well as testifying in court when required, in a professional manner. b. The INVESTIGATOR represents that it has available all tools necessary to accomplish the investigative services required. L The INVESTIGATOR shall be available as needed to handle all investigative services to public defenders in Superior Court, Juvenile Court, and/or District Court that investigator agrees to accept from the Director of Public Defense. ii. The INVESTIGATOR shall alert the Director of Public Defense when a conflict of interest arises on the part of Investigator so the COUNTY may obtain the services of another investigative firm or individual. C. Exhibit "A15 contains the General Terms and Conditions governing work to be performed under this Agreement, the nature of the working relationship between the COUNTY and the INVESTIGATOR, and specific obligations of both parties. 2024-2025 PSA hivestigator —Karl Calhoun (Calhoun Investigative Services) Page 1 of 13 d. Any additional service(s) provided by the INVESTIGATOR must have prior written approval of COUNTY. 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of perfomance under this Agreement will be from January 1, 2024 through December 31, 2025.. If the COUNTY determines that it wants to extend the Agreement, and if the INVESTIGATOR agrees to extend this Agreement for up to one additional year with no increase to the INVESTIGATOR'S hourly rates and expenses as` detailed herein, it may do so through either an amendment to the Agreement or through a Memorandum of Understanding. In the event that the Investigator is hired as a 'full-time or part-time employee of Grant County this agreement shall be immediately terminated. 3. RIGI3TS AND OBLIGATIONS All rights and obligations of the parties to this Agreement shall be subject to and governed by the Terms and Conditions contained in the text of this Agreement and the General Terms and Conditions attached hereto as Exhibit "A" incorporated herein by this reference. 4. COMPENSATION AND PAYMENT a. Amount of Compensation. Total compensation payable to the INVESTIGATOR for satisfactory performance of the work under this Agreement performed by the Investigator is at the rate of Sixty -Five Dollars ($65.00) per hour for each hour of investigative services. This rate includes travel that is related to investigative services. The hourly rate is fully loaded and includes all costs for administration, benefits and overhead. b. Expenses. Certain out of pocket expenses incurred accomplishing the scope of work will be reimbursable. These expenses are limited to mileage, photographic, transcription services, reproductions costing more than $10, with prior approval by the Director of Public Defense, and recording expenses only. Mileage reimbursement shall be according to Grant County reimbursement rate. Reimbursable out of pocket expenses are to be included in the Investigator's regular billing cycle invoice(s). Non reimbursable expenses include, but are not limited to, reproductions without prior approval, long distance phone calls, supplies, reproductions, postage, and delivery fees. C. Per Diem. Should investigative work require the INVESTIGATOR to travel more than three (3) hours or more than one hundred and fifty (150) miles outside of Grant County,, the Investigator shall be eligible for per them according to Grant County reimbursement rates. When overnight accommodations are required as a part of per diem, the Investigator shall obtain accommodations at the lowest reasonable rate. Requests for reimbursement of Per Diem expense must be accompanied by 2024-2025 PSA Investigator —Karl Calhoun (Calhoun Investigative Services) Page 2 of 13 detailed receipts; credit card slips alone are not sufficient for expense reimbursement. d. Time and Method of Payment. Payment for work performed shall be payable upon receipt of properly completed invoices which shall be submitted to the Director of Public Defense by the INVESTIGATOR on a once monthly basis due by the 15th of each month. The invoices shall describe and document to the Director's satisfaction, the public defense case by name and case number, the public defender' who requested the investigative services, an itemization and description of the work performed with the amount of time listed for each itemization, and a detail of the expenses. Provided, that the description of work done shall be sufficiently general to avoid any disclosure of confidential or privileged information and may exclude the name or other identifying information of any person interviewed. The INVESTIGATOR shall maintain sufficient records that identify the person interviewed and, those records May be reviewed by the Director as needed to verify billings. Payment shall be considered timely if made by the COUNTY within thirty (30) days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Investigator. The COUNTY may, in its sole discretion, terminate ,Agreement or withhold payments claimed by the Investigator for service(s) rendered if the Investigator fails to satisfactorily comply with any term or condition of this Agreement. 5. COUNTY OBLIGATIONS The COUNTY agrees to cooperate with the INVESTIGATOR and to provide readily available and pertinent information regarding its requirements for services and work to be performed by the INVESTIGATOR. If the COUNTY observes or otherwise becomes aware of any fault or defect in the services performed by the INVESTIGATOR, the COUNTY shall promptly give notice thereof to the INVESTIGATOR and allow the INVESTIGATOR, adequate time to respond. The COUNTY agrees to pay for all services within thirty (30) days of receipt of a bill. 6. AGREEMENT REPRESENTATIVES a. The County's Director of Public Defense shall be representative for Grant County on behalf of the Board of County Commissioners for this contract and responsible for approval for payment of billings and expenses submitted by the INVESTIGATOR.. b. The INVESTIGATOR'S representative for this AGREEMENT, shall be Karl Calhoun, who will be the contact person for all communications regarding the conduct of work under this AGREEMENT. 7. INTERPRETATION OF AGREEMENT 2024-2025 PSA Investigator ---Kart Calhoun (Calhoun Investigative Services) Page 3 of 13 a. Order of Precedence. In the event of an inconsistency in this AGREEMENT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: i. Applicable Federal and state of Washington statutes and regulations; ii. Terms and Conditions as contained in this basic AGREEMENT instniment; iii. Exhibit "X': General Terms and Conditions; iv. Any other provision, term or material incorporated herein by reference or otherwise incorporated. b. Entire Agreement. This AGREEMENT including referenced exhibits represents all the terms and conditions agreed upon by the parties for public information and communications work for COUNTY. No other understandings or representations, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind any of the parties hereto. C. Conformance. If any provision of this AGREEMENT violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. d. Approval. This AGREEMENT shall be subject to the written approval of COUNTY's duly authorized officials and shall not be binding until so approved. AGREEMENT may be altered, amended, or waived only by a written amendment executed by both parties. THIS AGREEMENT is executed by the persons signing below who warrant that they have the authority to execute AGREEMENT. SIGNED this - I cr'day of December, 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny St e, Member Attest: 2024-2025 PSA Investigator —Karl Calhoun (Calhoun Investigative Services) Page 4 of 13 arbara J. Vasque-""41erVbrt% Bo rd EWESTIGATOR karl Calhoun Calhoun Investigative Services 7472 Rd* "F" SE, #16-B Othello, WA 99344 Phone: (253) 217-0943 E-mail; calhouniiivestigations@gmail.COM State of Washington ) ss. County of Grant I hereby certify that I know or have satisfactory evidence that Karl Calhoun signed this instrument in his capacity as Owner of Calhoun Investigative Services, a Washington State Private Investigative Agency, and acknowledged it to be his flee and voluntary act for the uses and purposes mentioned in the instrument. DATED: J'Z ill-2oZ5 rotary rPfibUkb� N 6; FAPUB1 V ,1C --)MyCommission expires: tj I Z&2U ky— State Of Washington ALEXIS N. GONZALES. MY COMMISSION EXPIRES April 7, 2026 2024-2,025, PSA investigator —Karl Calhoun (Callioun Investigative Services) Page 5 of 13 Exhibit "A" GENERAL TERMS AND CONDITIONS 1. Independent Capacity Of The INVESTIGATOR The INVESTIGATOR and its employees or agents performing under this Agreement are not employees or agents of the COUNTY. The INVESTIGATOR will not hold himself/herself out as nor claim to be an officer or employee of the COUNTY or of the state of Washington by reason hereof, nor will the INVESTIGATOR make any claim of right, privilege or benefit which would accrue to an employee under chapter 41.06 RCW or chapter 28B.16 RCW. Identification of the INVESTIGATOR as a Private Investigator contracted to perform services for the County or for the Grant County Public Defense is not a violation of this condition. t 2. Subcontracting The INVESTIGATOR shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the COUNTY. 3. Indemnification The INVESTIGATOR shall defend, protect and hold harmless the COUNTY, or any COUNTY employees, officers, or officials, from and against all claims, suits or actions arising from the INVESTIGATOR'S acts which are libelous or slanderous, which result in injury to persons or -property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind, or negligence. 4. Covenant Against Contingent Fees The INVESTIGATOR warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the INVESTIGATOR for the purpose of securing business. The COUNTY shall have the right, in the event of breach of this clause by the INVESTIGATOR, to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or recover by other means the full amount of such commission,, percentage, brokerage or contingent fee. 5. Conflict Of Interest The COUNTY may, by written notice to the INVESTIGATOR terminate this Agreement if it is found after due notice and examination by the Agent that there is a violation of the 2024-2025 PSA Investigator —Karl Calhoun (Calhoun Investigative Services) Page 6 of 13 Ethics in Public Service Act, chapter 42.52 RCW; or any similar statute involving the INVESTIGATOR. in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided above, the COUNTY shall be entitled to pursue the same remedies against the INVESTIGATOR as it could pursue in the event of a breach of the Agreement by the INVESTIGATOR. The rights and remedies of the COUNTY provided for in this clause shall not be exclusive and are in addition to any other rights and- remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the "]Disputes" clause of this Agreement. TREATMENT OF ASSETS A. Title to all property furnished by the COUNTY shall remain in the COUNTY. Title to all property furnished by the INVESTIGATOR, for the cost of which the INVESTIGATOR is entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and vests in the COUNTY upon delivery of such property by the INVESTIGATOR. Title to other property, the cost of which is reimbursable to the INVESTIGATOR. under this Agreement, shall pass to and vest in the COUNTY upon: L Issuance for use of such property in the performance of this Agreement, or; ii. Commencement of use of such property in the performance of this Agreement, or; Reimbursement of the cost thereof by the COUNTY in whole or in part, whichever first occurs. B. Any property of the COUNTY furnished to the INVESTIGATOR shall, unless otherwise .provided herein or approved by the COUNTY, be used only for the performance of this Agreement. C. The INVESTIGATOR shall be responsible for any loss or damage to property of the COUNTY which results from the negligence of the INVESTIGATOR or which results from the failure on the part of the INVESTIGATOR to maintain and administer that property in accordance with sound management practices. D. Upon loss or destruction of, or damage to, any County property, the INVESTIGATOR shall notify the COUNTY thereof and shall tape all reasonable steps to protect that property from further damage. E. The INVESTIGATOR shall surrender to the COUNTY all property of the COUNTY" prior to settlement upon completion, termination or cancellation of this Agreement. F. All reference to the INVESTIGATOR under this clause shall also include the INVESTIGATOR'S employees, agents or Subcontractors. 2424-2025 PSA Investigator Kari Calhoun (Calhoun investigative Services) Page 7 of 13 1. Non -Assignability Neither this Agreement, nor any claim arising under this Agreement, shall be transferred as assigned by the INVESTIGATOR. 2. Records Documents And Reports The INVESTIGATOR shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the COUNTY, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement.- The INVESTIGATOR will retain all books, records, documents, and other materials relevant to this Agreement for six (6) years after settlement, a make thein available for inspection by persons authorized under this provision or pursuant to chapter 42.17 RCw. 3. Safeguarding Of Information The use or disclosure by any party of any information concerning the COUNTY for any purpose not directly connected with the administration of the COUNTY'S or the INVESTIGATOR'S responsibilities with respect to service(s) provided under this contract is prohibited except by prior written consent of the COUNTY. 4. Rights In. Data Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the COUNTY. Data shall include, but not be limited to, reports, ' documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right of copyright, patent, register and the ability to transfer these rights. Data which is delivered under the Agreement, but which does not originate therefrom, shall be transferred to the COUNTY with a nonexclusive, royalty free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided that such license shall be limited to the extent which the INVESTIGATOR has a right to grant such a license. The INVESTIGATOR shall exert all reasonable effort to advise the COUNTY, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The COUNTY shall receive prompt written notice of each notice or claire of copyright infringement received by the INVESTIGATOR with respect to any data delivered under this Agreement. The COUNTY shall have the right to modify or remove any restrictive markings placed upon the data by the INVESTIGATOR. 2024-2025 PSA Investigator Karl Calhoun (Calhoun Investigative Services) Page 8 of 13 5. Registration With Department Of Revenue The INVESTIGATOR shall complete registration with the Department of Revenue, General Administration Building, Olympia, WA 98504, and be responsible for payment of all taxes due on payments made under this Agreement. 6. Licensing Accreditation And Registration The INVESTIGATOR shall comply with applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Agreement. The INVESTIGATOR shall assure that the INVESTIGATOR and all the INVESTIGATOR employees are fully licensed Private Investigators in the state of Washington. 7. Liability Insurance Throughout the entire term of this Agreement the INVESTIGATOR shall obtain and continuously maintain, at the INVESTIGATORS sole cost and expense, a policy of commercial liability 'insurance in an amount not less than Five Hundred Thousand and No/100 Dollars ($500,000.00) per claim nor less than One Million and No/100 Dollars ($I-,000,000.00) in the aggregate during the policy term. Said policy shall include coverage as an additional insured for any other Investigator(s) acting for or on behalf of the INVESTIGATOR in the performance of this Agreement. Said policy shall provide professional liability insurance coverage for any errors and/or omissions by the INVESTIGATOR 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 authorized to conduct business and 'Issue insurance in the state of Washington. Contemporaneously with the INVESTIGATORS execution of this Agreement, the INVESTIGATOR shall provide the County and its designated Risk Manager (Administrative Services Coordinator) with written proof and confirmation that such insurance policy and coverage has been obtained and the INVESTIGATOR shall provide the Risk Manager with annual written proof and confirmation that such insurance policy and coverage continues to exist no later than by January 15th of each year during the term of this Agreement. 8. Industrial Insurance Coverage Prior to performing work under this Agreement, the INVESTIGATOR shall provide or purchase industrial insurance coverage for the INVESTIGATOR'S employees, as may be required of an "employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW during the course of this Agreement. Should the INVESTIGATOR fail to secure industrial insurance coverage or fail to pay premiums, as may be- required under Title 51 RCW, the COUNTY may deduct the amount of premiums and any penalties owing from the amounts payable to the INVESTIGATOR tinder this Agreement and transmit the 2024-2025 PSA Investigator —Karl Calhoun (Calhoun Investigative Services) Page 9 of 13 same to the Department of Labor and Industries, Division of Industrial Insurance. This provision does not * waive any right under RCW 51.12.050 to collect from the INVESTIGATOR amounts paid by the COUNTY. The COUNTY will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this INVESTIGATOR, or any subcontractor or employee of the INVESTIGATOR, which might arise under the industrial insurance laws during performance of duties and service(s) under this Agreement. If the Washington State Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this Agreement, those payments shall be made by the INVESTIGATOR; the INVESTIGATOR shall indemnify the COUNTY and guarantee payment of such amounts. Industrial insurance coverage through the Department of Labor & Industries is optional for sole proprietors, partners, corporate, officers and others, per RCW 51.12.020. 9. Advance Payments Prohibited No payments in advance or in anticipation of service(s) or supplied to be provided under this Agreement shall be made by the COUNTY. 10. Savings In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the COUNTY may terminate the Agreement under the "Termination for Convenience" clause, without the five day notice requirement, subject to renegotiation under those new funding limitations and conditions. 11. Limitation Of Authority Only the COUNTY'S duly authorized officials shall have the express, implied or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the duly authorized officials of the COUNTY. 12. Waiver Of Default Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the Agent and attached to the original Agreement. 2024-2025 PSA Investigator—Karl Calhoun (Calhoun Investigative Services) Page 10 of 13 Any claim by the INVESTIGATOR for adjustment under this clause must be asserted within thirty (30) days from the date of the INVESTIGATOR'S receipt of the notice of such change; Provided, however, that the Agent may, upon determining that the facts justify such action, receive and act upon such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled "Disputes" However, nothing in this clause shall excuse the INVESTIGATOR from proceeding with the Agreement as changed. 13. Termination For Default By written notice the COUNTY may terminate the Agreement, in whole or in part, for failure of the INVESTIGATOR to perform any of the provisions hereof. In such event the INVESTIGATOR shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement - and all administrative costs directly related to the replacement Agreement, e.g., cost of the competitive bidding,- mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the INVESTIGATOR was not in default, or (ii) the INVESTIGATOR'S failure to perform is without the INVESTIGATOR'S and/or subcontractor" s control, fault or negligence, the termination shall be deemed to be a 'Termination for Convenience. 14. Termination For Convenience If either party terminates this Agreement pursuant to this paragraph, the INVESTIGATOR will be obligated to complete all investigations in files assigned to the INVESTIGATOR at the time of the termination unless the parties mutually agree in writing to the transfer of any assigned cases to another investigator. 15. Termination Procedure Upon termination of this Agreement the COUNTY, in addition to any other rights provided in this Agreement, may require the INVESTIGATOR to deliver to the COUNTY any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The COUNTY shall pay to the INVESTIGATOR the agreed upon price, if separately stated, for completed work and service(s) accepted by the COUNTY, and the amount agreed upon by the INVESTIGATOR and the COUNTY for (i) completed work and service(s) for which no separate price is stated, (ii) partially completed work and service(s), (iii) other property or services which are accepted by the COUNTY, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Agent shall determine the extent of the liability of the COUNTY. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Agreement. The COUNTY may withhold from any amounts due the INVESTIGATOR 2024-2025 PSA investigator Karl Calhoun (Calhoun Investigative Services) Page 11 of 13 such sum as the Project Manager determines to be necessary to protect the COUNTY against potential loss or liability. The rights and remedies of the COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. After receipt of a notice of termination, and except as otherwise directed by the Project Manager, the INVESTIGATOR shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the COUNTY, in the manner, at the times, and to the extent directed by the Agent, all of the rights, title, and interest of the INVESTIGATOR under the orders and subcontracts so terminated, in which case the COUNTY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Agent to the extent the Project Manager may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the COUNTY and deliver in the manner, at the times, and to the extent directed by the Agent any property which, if the Agreement had been completed, would have been required to be furnished to the COUNTY; f. Complete performance of such part of the work as shall not have been terminated by the Project Manager; and 9- Take such action as may be necessary, or as the Project Manager may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the INVESTIGATOR and in which the COUNTY has or may acquire an interest. 16. Governing Law This Agreement shall be governed by the laws of the state of Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Grant County. INVESTIGATOR, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington in this matter. 2024-2025 PSA Investigator —Karl Calhoun (Calhoun Investigative Services) Page 12 of 13 17. Severability If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 2024-2025 PSA Investigator --Karl Calhoun (Calhoun Investigative Services) Page 13 of 13 P L