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Agreements/Contracts - Public Defense (002)
GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Public Defense REQUEST SUBMITTED BY: Brett Hill CONTACT PERSON ATTENDING ROUNDTABLE: Brett Hill CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 4/9/25 PHONE: EXt 4009 2- (C HE K L THAT APPLY! 1 ©Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget El Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances El Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies []Thank You's ❑Tax Title Property ❑WSLCB - - Professional Services Agreement for Indigent Defense in Superior Court. Attorney Jason Wargin to handle conflict at hourly rate. $125/hr for Class A Felonies and $100/hr for Class B&C felonies. Through 12/31/26. Need immediately for ---- multiple conflict cases. Has done cases for us before. FISCAL / BUDGET IMPACT: Mete a Financial Reclluest Form g)rior to submission. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO X N/A ouHr1102% sec • If necessary, was this document reviewed by legal? El YES ❑ NO ❑• N/A 17) DATE OF ACTION: �/j' �S APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: RECEIVED 4/23/24 APR - 9 2025 GRANT COUNTY COMMISSIONERS PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS IN GRANT COUNTY SUPERIOR COURT PART 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 fiilly admitted to practice law in the State of Washington. 1. PA.RTIES AND TERMS: The County agrees to contract with Jason Wargin, WSBA #30167 (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 2nd day of April, 2025 and terminate on the 31st day of December, 2026 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. 1. 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 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" 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. d. "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. e. "Policy" and/or "Policies" are defined as a policy or policies as developed by the Grant County Department of Public Defense. f. "Good standing" (in relation to a Public Defender's membership status of the Washington State Bar Association) is defined as the public defender being current in his/her bar dues, continuing legal education credit hours, and has not had any bar complaints that were resolved adversely in any manner against the Public Defender. 2025-2026 PSA-SC, Jason Wargin Page 1 of 14 2. 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 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 competently undertake and effectively perform all services required under this Agreement. Public Defender fiirther 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 j all 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. 3. QUALIFICATIONS. Each attorney representing a person in said courts shall meet all of the requirements under the current WSBA-Standards of Indigent Defense as adopted by and required by the State Supreme Court. Qualifications also include The Washiniton State Court Rules, any certifications under CrR 3.1 or as hereafter amended, and the Washington State Office of Public Defense training requirements as incorporated herein by reference unless deemed inconsistent with this Agreement or determined to be not applicable by the Director of Public Defense. 2025-2026 PSA-SC, Jason Wargin Page 2 of 14 4. COMPENSATION. The Public Defender shall be paid One Hundred and No/100 Dollars ($100.00) per hour for class B and C felonies and One Hundred Twenty -Five (125.00) per 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. 5. 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 use and follow any policies required by the Grant County Department of Public Defense regarding the assignment of an Investigator. 6. 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. 7. ADMINISTRATIVE SUPPORT. Each Public Defender shall maintain a minimum of 1/4-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. 2025-2026 PSA-SC, Jason Wargin Page 3 of 14 8. 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. 9. 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. 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 of public defense services. 12. CASE EQUIVALENTS. For purposes of this agreement, case equivalents are not necessary as the Public Defender will bill hourly for each case. 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. The Public Defender shall not be required to accept an appointment under this Agreement if the appointment would create a bona fide, actual legal, ethical or professional conflict of interest for Public Defender. Public Defender shall promptly screen each case appointment for potential conflicts of interest and shall immediately inform the Director of Public Defense, in writing, of such actual or potential conflict and the reason therefore, and request the appointment of a substitute Public Defender. The Director of Public Defense will determine if an actual conflict exists. If the Public Defender disagrees with the Director's decision the Public Defender and Director may jointly submit the matter to the appropriate department of the Washington State Bar Association (WSBA) for determination or seek resolution from any court of competent jurisdiction. The Director of Public Defense will be ultimately responsible for the resolution of all conflicts not otherwise resolved by the WSBA or the Court. 14. CLIENT ELIGIBILITY. The Court, consistent with applicable laws, rules and standards, shall be the sole determiner of the eligibility of any 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 2025-2026 PSA-SC, Jason Wargin Page 4 of 14 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 REPRESENTATION. If a change of venue is granted to a person for whom Public Defender has been appointed to represent under this Agreement, Public Defender shall continue to represent such person in the court to which venue is transferred until the case can be transferred to an appropriate Public Defender in that county if such transfer is deemed appropriate. The Public Defender's obligations to provide representation, pursuant to this Agreement, includes the obligation to timely and fully complete all cases or matters encompassed by this Agreement. In that regard, Public Defender shall continue to provide representation for those persons whom Public Defender was appointed to represent and whose case was not concluded during the term of this Agreement or otherwise disposed of such as by appointment to successor counsel, and Public Defender's obligation to fully complete all cases or matters encompassed by this Agreement following its termination shall not in any way entitle Public Defender to receive any additional compensation beyond the compensation amount(s) specified in this Agreement. If 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. 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 if the review is confidential and will not waive any privilege. If the review by the Director of Public Defense will invade a privilege, 2025-2026 PSA-SC, Jason Wargin Page 5 of 14 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 1 St Chair and 2nd Chair counsel in any case that he/she determines is appropriate. 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 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 maxim -Lim 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 2025-2026 PSA-SC, Jason Wargin Page 6 of 14 and the particular person(s) being represented by Public Defender who is/are affected by such temporary substitution of legal counsel. Any compensation or consideration to be paid or given by Public Defender to such other non -panel Attorney for such substitution(s) shall be a matter of direct negotiation and agreement between Public Defender and such other Attorney, and such other Attorney shall not be entitled to receive any compensation from the County for such substitution(s). Public Defender acknowledges and agrees that Public Defender shall be strictly responsible to ensure that such other Attorney fully complies with all terms and conditions of this Agreement during such temporary absence period (including, without limitation, the requirement to maintain the insurance coverage specified in this Agreement) and that Public Defender shall be strictly liable for any and all damages or losses sustained as a result of such other Attorney's non-compliance with the terms and conditions of this Agreement. 19.OTHER APPOINTMENTS. Except for the Court appointments expressly contemplated and provided for in this Agreement, the Public Defender shall not enter into any other contract or agreement to receive appointments from any other court to perform criminal defense or criminal prosecution services. 20. JUDICIAL SERVICE. Public Defender shall not serve in any judicial capacity (including judge pro tern 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. 21. 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 Termination, identify to the Director of Public Defense any pending cases in which special circumstances exist, such as imminent trial schedule, lengthy or complex course of litigation, special client circumstances, or other client or case based interests that may professionally require continued representation by the Public Defender. If 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. 2025-2026 PSA-SC, Jason Wargin Page 7 of 14 b. Voluntary Termination. Either party may terminate this Agreement upon One - Hundred and Twenty (120) days' advance written notice for any reason. The parties may mutually agree in writing to an earlier effective 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 the 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. c. Limited Continuation of Certain Terms: The terms of this Agreement for payment of additional compensation for serious cases, trials, and extraordinary cases will continue to apply to those cases assigned during the Agreement term but finished by the terminating Public Defender after the effective date of termination. If the County incurs extraordinary costs related to or required by the Public Defender's departure, the Public Defender agrees to be responsible for those costs. 22. AUTOMATIC TERMINATION. If the Grant County Superior Court or any other court of competent jurisdiction enters an order that precludes Public Defender from receiving any further Court appointments hereunder, for any reason whatsoever, this Agreement shall automatically terminate without further notice as of the date such order is entered by the Court. In the event that the Court enters such an order because of unethical or unprofessional conduct by Public Defender and/or because of Public Defender's breach of this Agreement and the Court determines at that time that the circumstances justify or require a substitution of appointed counsel for any person(s) whom Public Defender was appointed to represent hereunder, Public Defender shall be fully liable to the County for any additional costs or expenses incurred by the County relating to such substitute appointment(s) in addition to any other damages sustained by the County arising out of Public Defender's conduct and breach. In the event the Public Defender's license to practice law in the State of Washington is revoked or otherwise limited or restricted, or in the event the Public Defender is disbarred or suspended from the practice of law, or in the event the Public Defender receives a recommendation from the Washington State Bar Association for suspension or disbarment, the Public Defender shall automatically be terminated without further notice as of the effective date of the revocation, restriction, disbarment or suspension, or the Washington State Bar Association recommendation. 23. INDEMNIFICATION AND HOLD HARMLESS. Public Defender hereby agrees to and shall fully indemnify the County and hold the County, its officers, employees, and agents filly 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 2025-2026 PSA-SC, Jason Wargin Page 8 of 14 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. 24. 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 On Million Dollars ($1,000,000.00) per claim nor less than Two Million Dollars ($2,000,000.00) 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 while 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 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. 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 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 2025-2026 PSA-SC, Jason Wargin Page 9 of 14 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 people 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. 26. NON-DISCRIMINATION. The Public Defender agrees that he or she and any of the Public Defender's officers, employees, and agents will comply with Titles VI and VII of the 1964 Civil Rights Act as amended in 1972; Executive Order 11246 as amended by Executive Order 11375; Sections 503 and 504 of the Rehabilitation Act of 1975; the Age Discrimination in Employment Act of 1967; the Vietnam Era Veteran Readjustment Assistance Act; the Washington State Laws Against Discrimination, Chapter 49.06 RCW; and any other applicable law or regulation prohibiting discrimination. 27. 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. 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 the event of a felony case wherein the Prosecuting Attorney's Office files notice of its intent to seek the death penalty, the County will take the necessary steps to provide for death penalty qualified Counsel to serve as the lead Public Defender, outside the provisions of this Agreement, unless same can be handled by a Felony Defense Panel Public Defender working under the Agreement. If the County is required to retain the services of a death penalty qualified Counsel, the Public Defender will provide 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 this Agreement. The 2025-2026 PSA-SC, Jason Wargin Page 10 of 14 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 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. 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 be established and maintained by the Public Defender in accordance with requirements set forth in the Washington State Archives' Local Records Retention Schedule, at www.sos.wa.gov. Any question as to what does or does not constitute a public record should be directed 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 terms and conditions and supersedes 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. 2025-2026 PSA-SC, Jason Wargin Page 11 of 14 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 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 . S everability 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 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, if 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 after 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. 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. 2025-2026 PSA-SC, Jason Wargin Page 12 of 14 SIGNED this ZjE: day of April, 2025. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON r Rob o air Cindy Cart ,Vice Chair Kevin Burgess, ber 2025-2026 PSA-SC, Jason Wargin Page 13 of 14 NOTE: Agreement must be signed in the presence of a Notary. Notary block is below State of Washington SS. County of Grant Jason Wargin P1.1BLICDEFENDER ,4 Jas arg-Tin, WSBA 1113 A . rdress- PO Box 35)85 Wenatchee, WA 98807-8t6l Phone: (509) 670-8161 E-mail: jasonCaiwarginlaw.com Tax ID #-* Ctick (-.)r tap here ilo enter text. V111 / 0 / a. 3333 � 1, hereby certify that f no or have satisfactory evidence that Jason Wargin signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Aw� _�41WWP i 2303, ir NOTARY PUBLIC try +4/ratA*IV I ft 4D 0 a OP WAS DATED: LA Nark ublic for Wa. hington State, residing in County. I 'My Comn'nssior, t-xpi.res: _ I I I I __ ___V ---------- - ---- ')0'?';-?0'?6 PS --SC Z:�SC Jason Warain Page 14 of 14 A— — 1 — A.4 1