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HomeMy WebLinkAboutAgreements/Contracts - Public DefenseK25-251 1 2- GRANT COUNT' COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:40pm on Thursday) REQUESTING QEPARiMENT:Public Defense REQUEST SUBMITTED BY. Kafihleen Holden CONTACT PERSON ATTENDING ROUND7ABLE:Brett Hill CONFIDENTIAL INFORMATION- DYES *NC oare:11125/25 PHONE:x 4016 WAgreement 1 Contract ❑AP Vouchers ❑Appointment l Reappointment [DARPA Related ❑Bids / RFPs l Quotes Award ❑Bid opening Scheduled ❑Boards I Committees ❑Budget ❑Computer Related El County Cade ❑Emergency Purchase ❑Employee Rel. ❑Facilities Related ❑ Financial ❑1=unds Cl Dearing ❑ Invoices 1 Purchase Orders ❑Grants — Fed/State/County []Leases EIMOA ! MOU El Minutes ❑ordinances ❑Out of State Travel ❑Petty Cash ❑Policies ❑Proclamations 0Request for Purchase ❑Resolution ❑Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's DTax Title Property ❑WSLCB ----------- --- -- ------------- 4ig !l r " 0- a Professional Service Agreement renewal with Michael Morgan. Renewal for a two year agreement. $12,500.00/month to be available for 90% caseload in Superior Court. Considered and part of the 2026 Budget If necessary, was this document reviewed by accounting? ❑ YES [ �1 NO * N/A If necessary, was this document reviewed by legal? ❑ YES El NO d N/A DATE OF ACTION: (a' ', •��_ APPROVE: DENIED ABSTAIN D1:Kr D2: 133: 4/23124 DEFERRED OR CONTINUED TO: WITHDRAWN: RECEIVED NIV 2 5 2025 GRANT COUNTY COMMISSIONERS PROFESSIONAL SERVICES AGREEMENT FOR LEGAL RE PRE SENTATION OF INDIGENT INDIVIDUALS This Professional Services Agreement ("PSG.") is entered into by and between Grant County, Washington (hereinafter "County"), and Michael Morgan, WSBA #15658 (hereinafter "Public Defender"), an attorney fully licensed to practice later in the State of Washington. 1. DEFINITIONS. For the purposes of this Agreement, the following definitions shall apply: Public defense system: Any system or program under which Grant County provides, has provided, or is obligated to provide for the legal services to indigent persons qualifying for counsel at public expense in Grant County Courts. Public defender: Any attorney hired or contracted by Grant County to represent indigent persons qualifying for counsel at public expense in Grant County Courts. 0 Standards for Indigent Defense: The most current standards adopted by fhe Washington State Supreme Court as required by applicable court rules or Orders of the Court (incorporated herein by reference). e Director of Public Defense (Director): The supervising attorney hired by Grant County to oversee delivery of public defense services and administer the public defense system. Policies: Written policies developed by the Grant County Department of Public Defense, or the policies of Grant County generally. Good standing*. Membership status with the Washington State Bar Association in which the Public Defender: (a) is current on bar dues; (b) has satisfied continuing legal education requirements- and (c) has no bar complaints resolved adversely. P 2. CONTRACT DURATION. Commencement Date: January 1, 2026 Termination Date: December 31, 2027 No notice is required to terminate this agreement at the end of the term, The Parties agree 0- they have the option to renew for an additional term, subject to mutual agreement on compensation rates. The County's designated representative and Public Defender agree to meet no later than --Octobei-I-of-the -teri-n-inat-ing -year-to-discuss-possible. contract re-newal.. 3, COMPENSATION. Tho Public Defender shall be paid a base annual fee payable in twelve (12) monthly installments. • Base annual fee: One Hundred Fifty Thousand Dollars ($150,000.00) • Monthly installments: Twelve Thousand, Five Hundred Dollars ($12,500.00) • Trial per diem: Four Hundred Fifty Dollars ($450.00) for each day or portion thereof in actual trial. Compensation is to be prorated if starting or ending on any date other than a full month or year, 2026-2027 PSA-SC, Michael Fraser Morgan Page 1 of 15 4. CASELOAD STANDARDS AND CAPACITY RE' QUIRE MENTS. The Public Defender agrees to accept appointments up to the maximum caseload specified in this Agreement, not to exceed Ninety Percent (90%) of the maximum caseload per contract year, in accordance with the most current Washington State Supreme Court Standards -for Indigent Defense or any order of that court. The maximum caseload will be prorated 'if any year is less than a full year. If the Public Defender refuses or is unable to handle the full caseload, the County may terminate this Agreement pursuant to termination provisions contained herein. Capacity Representations and Warranties The Public Defender represents, warrants., and covenants that, Throughout the entire Agreement term, the Public Defender shall maintain adequate time within their personal and professional schedules that they shall not unreasonably interfere with the ability to timely perform required services, including but not limited to: 1) Preparation for and attendance at regularly scheduled trials and court dock-ets, 2) Scheduling and conducting face-to-face meetings with clients, 3) Discussing viable defense strategies and case resolutions with clients, and; 4) Keeping clients reasonably apprised of case status. The Public Defender shall maintain adequate office support staff, resources, and equipment necessary for competent representation. Public defender will complete and file 'any necessary pleadings and documents required to accept assignments pursuant to any applicable rules (Currently the requirement to certify quarterly), Standaids for Indigent Defense The parties agree that. o The Washington State Supreme Court Standards of Public Defense shall be the controlling factor regarding qualifications and case assignments. o The parties shall abide by all applicable Grant County Ordinances and State Statutes governing public defense service delivery. Assignments shall comply with the provisions and standards of this Agreement, 54 PRIMARY REPRESENTATION DUTIES. The Public Defender shall provide 1- comprehensive criminal defense and civil representation to all indigent individuals for whom they are appointed by the Court or assigned by the Director of Public Defense. Representation may include, but is not limited to: Initial Court Appearances: First appearances and bail/release determination hearings. o Pre -Trial Proceedings: Arraignments, pre-trial conferences, and all pre-trial motions. * Trial Services: Preparation for and participation in all jury and bench trials. 0 Post -Trial Matters: Sentencing hearings, post -trial motions, and restitution hearings. 2026-2027 PSA-SC, Michael Fraser Morgan Page 2 of 15 4P * Appeals: Preparation and filing of all appellate pleadings- representation of appellants until appellate counsel is appointed. * Specialized Proceedings: Probation violation hearings, contempt proceedings, extraordinary motions. Client Communication and Office Requirements The Public Defender shall maintain a dedicated telephone line accessible to all clients, including those held in -custody. The Public Defender shall be available for reasonable in -person consultations with clients. The Public Defender shall ensure timely communication regarding case status. The Public Defender shall maintain a message system for after-hours client communications. The Public Defender shall maintain independent office facilities at their own expense. Public Defender shall maintain a minimum of one -quarter (t/4) time secretarial and/or paralegal support, unless the Director of Public Defense determines in writing that such support is not required for a given Public Defender. Travel to/from the worksite (Ephrata, WA) is the responsibility of the Public Defender and is not compensated. The Public Defender is solely responsible for all office operating costs, 'including but not limited to rent, telecommunications, copying, facsimile services, secretarial/paralegal support, and all associated equipment and administrative expenses The County shall not provide financial support, equipment., training, administrative costs, or research tools unless specifically authorized. in writing by the Director of Public Defense Client Availability and Consultations The Public Defender shall: 0 Be available for reasonable consultations with clients. 0 Maintain regular contact with clients, both in custody and out -of -custody. a Respond to client inquiries and concerns in a timely manner. 0 Cooperate with the Director of Public Defense in monitoring client contacts and ensuring adequate client contact and communication, Essential Job Functions - - - - - - "The' ... C§KCnl-i'a-l'functions --6f this "-position i-include, bt-it"dke'not *lim'-i-f6d-to-,''- 0 Reading, writing:, and research necessary to prepare and file all required court pleadings. 0 Daily court attendance as needed or required. 4 Client meetings in correctional facilities and private office settings 9 Travel as necessary to attend hearings, conduct witness 'interviews, and prepare for trial. 0 Trial attendance and trial management responsibilities. 0 Compliance with all caseload limits and professional standards. 2026-2027 PSA-SC,Michael Fraser Morgan Page 3 of 15 Prohibited Conduct The Public Defender shall not: 0 Perform any act proscribed by the Rules of Professional Conduct. 0 Neglect any duty required by professional conduct rules or ethics opinions. 0 Engage in conduct deemed improper or unethical under Washington State Bar Association standards. a Solicit or accept compensation from clients appointed under this Agreement (nor shall P#L support staff). 6. CASE .APPPOINTME NTS AND LIMITATIONS Appointment The Director of Public Defense shall distribute the cases to the Public Defender at the Director's discretion. Except for genuine conflicts of interest, the Public Defender will accept all cases assigned up to the maximum number of cases provided in this agreement, not to exceed Ninety Percent (90%) of a maximum caseload. Mandatory Case Acceptance During the Agreement term, the Public Defender shall accept Court appointments to represent eligible indigent individuals regardless of: 0 Race, color, or national origin 0 Age or marital status 0 Sexual orientation or gender identity Disability or handicap Political or religious affiliation Exception: The Public Defender is not required to accept an appointment that creates a bona fide, actual legal, ethical, or professional conflict of interest. Venue Transfer If a change of venue is granted for a client the Public Defender represents tinder this Agreement, the Public Defender shall continue representation in the transferred venue until the case is transferred to appropriate public defense counsel in that county (if transfer is determined to be appropriate). 7, CONFLICTS OF INTEREST Public Defender shall: 0 Implement and maintain a conflicts -check system and procedure for monitoring potential conflicts of interest. 0 Promptly screen each case appointment for conflicts. 0 Immediately notify the Director of Public Defense in writing if a connect. is found. The notification shall include: t) A description of the actual or potential conflict, 2) Specific reasons for the conflict determination, and-, 3) 'Request a substitute counsel assignment, The Director of Public Defense: 2026-2027 PSA-SC, Michael Fraser Morgan Page 4 of 15 Will make a final determination as to whether an actual conflict exists. May seek review from the appropriate Washington State Bar Association ethics department if disagreement persists. May seek resolution from any court of competent jurisdiction or the court with jurisdiction on the assigned case. 8. TRAINING9 QUALIFICATIONS AND PROFESSIONAL STANDARDS. Qualification Requirements All Public Defenders contracted under this Agreement must: * Maintain membership in good standing with the Washington State Bar Association, 0 Be familiar with and strive to comply with the Washington State Bar Association Performance Guidelines for Criminal Defense Representation. 0 Complete all training required by the Washington State Office of Public Defense. Maintain professional competency and ethical conduct consistent with the Rules of Professional Conduct of the Supreme Court of Washington. Continuing Legal Education Each Public Defender shall annually complete a minimum of seven (7) hours of approved training through approved providers. Annual certification of completion shall be submitted by the Public Defender to the County in a form that enables the County to comply with reporting roquirements under RCW 10. 10 1.050V Professional Conduct The Public Defender shall: Perform this Agreement independently, subject only to the supervisory authority of the Director of Public Defense and the Court. Preserve client confidentiality and privilege. Corn ply with all Rules of Professional Conduct applicable to attorneys licensed in Washington State, Maintain independent professional judgment regarding case strategy and client representation. Comply with all applicable court rules and statutes. No acts may be performed, nor duties neglected, that violate the Rules of Professional Conduct, applicable case law, or opinions of the Washington State Bar Association. 9. COOPERATION WITH PUBLIC DEFENSE ADMINISTRATION The Director of Public Defense shall: 0 Assign case appointments. 0 Serve as spokesperson for Public Defenders and as liaison with the courts, the Prosecutor's Office and the Board of County Commissioners. Have authority to designate t" and 2,d chair counsel in appropriate cases. Have authority to make determinations regarding case load management and qualifications. 2026-2027 PSA-SC, Michael Fraser Morgan Page 5 of 15 Have authority to oversee all aspects of Grant County's public defense delivery system. Public Defender Agrees to: Cooperate fully with the Director of Public Defense assignment procedures. Acknowledge and accept the full authority of the Director of Public Defense. Consent to confidential file review by the Director of Public Defense, provided such review does not waive attorney -client privilege or create con-flicts of 'interest. If privilege concerns exist, permit another designated attorney.to review the file and report findings to the Director. Public Defender also agrees to comply with: + rA I 0 Caseload limitations specified in this Agreement a Mandatory training requirements, 'including Grant County Public Defense continuing legal education seminars. Mandatory attendance at periodic meetings of panel counsel. Completion of assigned docket rotation on duties and other assigned tasks. Any additional practice standards or requirements deemed necessary for proper administration of Grant County Public Defense. 1A]UMM �UWSSUJ#11.0051 Monthly Case Report: The Public Defender shall submit a written monthly case assignment report to the Director of Public Defense detailing: s Defendant name, * Case number, * Case type, and * Case equivalency value. Due Date: Fifth (5th) calendar day of each month for assignments -made during the preceding month Alternative Procedure-, If the monthly report is not provided, the public defender agrees with the report as maintained by the Director of Public Defense. Private Practice, Other Assignments, and Pro Bono Reporting: Each Public Defender shall report annually.,4. 0 Hours billed for non-public defense legal services. * Pro bond case hours and descriptions. o Private practice case hours, number, and types. Format and Due Date: As specified by the County to enable compliance with .RCW 10.101.0500 2026-2027 PSA-SC, Michael Fraser Morgan Page 6 of 15 11. CASE EQUIVALENTS, For purposes of calculating the Public Defender's monthly and annual caseload, the following case equivalency values shall apply unless and/or until the Washington State Supreme Court promulgates rules pertaining to case equivalency (in which event, WSSC rules shall control): of ;C cC-RuiMtlonf 4sk Material witness 113 case equivalent Probation violation 1/3 case equivalent Probation Violation Calendar I case equivalent Support enforcement docket Y2case equivalent Contempt 0.5 case equivalent First or second-degree murder 2 case equivalents Extraordinary cases I case equivalent for each 15 hours spent on case excluding in -trial hours.) , ------- All -felony cases not enumerated above inel. Blake vacations and resentencing.......1--­1 I case equivalent Extraordinary Case Credits; The Public Defender shall comply with published policies of the Grant County Department 4. of Public Defense regarding e.xtraordinary case credits. Modifications to case equivalency values are within the sole discretion of the Director of Public Defense. Docket and Periodic Assignments: The Public Defender shall handle periodic criminal dockets and other routine assignments as designated by the Director, and such assignments shall be credited according to applicable policy and at the discretion of the Director of Public Defense. Non -Counting Appointments: Early Withdrawal: Appointments where the Public Defender withdraws prior to the omnibus hearing (or equivalent preliminary proceeding) shall not count as any case equivalent -Retained-eounset Substitudom-If-a-client retains -private- counsel or receives -substitute panel counsel at or before the omnibus bearing, trial setting, or pre-trial hearing, the case shall not count for the originally assigned 'Public Defender 72-Hour Holds with No Filing-, Appointments involving a 72-hour custodial hold where the Prosecuting Attorney does not file charges shall not count • Continuing Representation: Subsequent appointments for the sane client on the same matter shall not count as additional case equivalents if representation is ongoing from a prior appointment 2026-2027 PSA-SC, Michael Fraser Morgan Page 7 of 15 Conflict Reassignments: When a conflict of 'Interest requires reassignment among Felony Defense Panel members, the reassignment counts only once and is credited to the receiving attorney unless the Director determines otherwise. Reference Date: The date of case appointment (not final disposition) determines the month in which the case counts toward caseload Director's Discretion: The Director of Public Defense retains discretion to assign appropriate credit for cases within departmental policy and Agreement provisions Standards Applied: The Director shall reference standards ordered by the Washington State Supreme Court. 12. INVESTIGATORS, EXPERT WIT NE SSES AND INTERPRETER Investigator Services. Grant County shall provide qualified Investigators to assist the Public Defender at no cost. The Public Defender shall: Use Investigators provided by the County as reasonably necessary. Request substitute investigators only with specific authorization from the Director of Public Defense. Comply with all Grant County Department of Public Defense policies governing investigator assignment and utilization Expert Witness Services 41 Grant County shall fund reasonable compensation for Expert Witnesses necessary for case investigation, preparation, and. trial, at no cost to the Public Defender. The Public Defender shall: * Obtain Court approval via appropriate motion before engaging expert services, 0 Retain experts of their choosing, subject to Court -imposed limitations, Redact sensitive billing entries (other than hours and rate) from expert invoices prior to County submission for payment, Ensure invoices include case number, defendant name, and provider tax ID. Interpreter Services Grant County shall provide reasonable access to certified or other appropriate and available interpreters for the Public Defender's use. Interpreters shall, at reasonable times, be made available at: 0 Grant County Jail o Grant County Court facilities 0 Other locations as appropriate and reasonable 13. ASSIGNEMENT, DELL' CATION AND TEMPORARY SUBSTITUTIONS Assignment and Delegation Restrictions Except as specifically provided in this Agreement, the Public Defender shall: 2026-2027 PSA-SC, Michael Fraser Morgan Page 8 of 15 • Not assign, subcontract out, or otherwise delegate any rights, responsibilities, or obligations unless approved by the Director of Public Defense. • Not allow any other person to perform services required by this Agreement unless approved by the Director of Public Defense. • Retain personal responsibility for all contracted services. Temporary Substitutions - Routine Matters Subject to Director of Public Defense approval, the Public Defender may arrange temporary substitutions with other panel Public Defenders for: o Routine criminal docket matters, a Routine court hearings. # Situations where the Public Defender is actually and unavoidably unavailable, Requirements: * Express authorization on Court record. 0 Express authorization from affected client(s). * There will be no compensation from County for substitute counsel. 10 * Compensation between counsel is a private matter. Temporary Substitutions - Extended Leave If the Public Defender requires up to two (2) consecutive weeks (or more in an emergency or because of 'Illness) of leave and cannot obtain assistance from panel colleagues, the Director may authorize a qualified substitute attorney, subject to the following requirements: 6 Express authorization from affected ctient(s). o Substitute counsel must maintain insurance coverage required herein. o Compensation between counsel is a private matter, no County compensation to substitute. 14. OTHER COURT APPOINTME, NTS AND PRACTICE Public Defender is able to engage in the practice of law and accept other appointments as long as Public Defender is able to certify as required by the court rules and perform each provision of this agreement. 15. JUDICIAL SERVICE RESTRICTIONS To preserve the ability to perform this agreement without risk of conflict, Public De -fender shall not serve in any jud-icial capacity (including judge pro tem or court commissioner) in: a Any court within Grant County for criminal, juvenile, or infraction matters. * Any case in which Grant County is a party. 0 Any case in which the State of Washington is a party and represented by the County Prosecuting Attorney's Office or appointed special. deputy. There is no restriction in serving in such capacity in other courts,, subject to availability and the strict adherence to the agreement herein. 2026-2027 PSA-SC, Michael Fraser Morgan Page 9 of 15 16. INDEPENDENT CONTRACTOR RE LATIONSHIP The parties acknowledge and agree: The Public Defender is not an employee of Grant County The Public Defender is an independent contractor for all purposes, including: 1) Fair Labor Standards Act (mimmurn wage and overtime). 2) Federal Insurance Contribution Act (FICA). 3) Social .Security Act provisions. 4) Federal Unemployment Tax Act provisions. 5) Internal Revenue Code provisions. 6) Washington Industrial Insurance Act (RC Title 51). 7) Washington wage and hour laws. 8) Washington Employment Security Act (RCW Title 50). 9) Washington State Department of Retirement Services. 10) Any other purpose. Except as specified in this Agreement, the County shall have no authority or duty to control. or supervise performance of the Public Defender's duties. Such control and supervisory authority reside with the Court(s) and Washington State Bar Association. No Joint employment relationship exists between the Public Defender and County. The County shall not be liable for obligations incurred by the Public Defender, No Financial Support: The County is not responsible for providing fillancial or other support for equipment, training, administrative costs, or research tools unless specifically authorized by the Director of Public Defense. Sole Discretion: The Public Defender retains sole and absolute discretion regarding judgment, manner, and means of providing legal representation, subject to: Director of Public Defense's right to supervise and assign. Court authority over representation matters. The County's and, Public Defenders obligation to provide the effective assistance of counsel as constitutionally required.. Independence of Professional Judgment Nothing in this Agreement shall: * Impair or inhibit the exercise of independent professional judgment regarding ctient, a Require the Public Defender to perform acts violating attomey's ethics standards. * Prevent the Public Defender -from maintaining attorney -client privilege. 17* RE, CORDS AND CLIENT FILES The Public Defender shalt: 6 Maintain client files sub ect to attorney -client privilege and not subject to public records disclosure. 0 Maintain and protect client files with appropriate confidentiality. * Retain and/or release client files in accordance with ethical and legal requirements. 2026-2027 PSA-SC, Michael Fraser Morgan Page 10 of 15 * Return client files to the Director of Public Defense (or to an appropriate succeeding attorney) at no expense to the County when files must be transferred to another attorney. 0 Preserve and maintain records that may be subject to public disclosure consistent with appropriate statutes and taw. a Direct records questions to the County Public Records Officer: (509) 754-2011 ext. 29381 18, TERMINATION Involuntary Termination The County may immediately terminate this Agreement for cause if the Director of Public Defense determines that: s The Public Defender is not providing adequate legal services, or 0 The Public Defender is in material non-compliance with Agreement terms, or Any court of competent jurisdiction enters an order precluding the Public Defender from receiving Court appointments for any reason, or The, Public Defender's license to practice law is revoked, limited, restricted, suspended, or restricted in any way, including any recommendation of disbarment or suspension by the WSBA. Process Upon Termination: The Director may require certain pending cases be assigned to other Public Defenders The Public Defender shall identify pending cases with special circumstances within three (3) days of notice, including-, 1) Imminent trial schedules 2) Complex or lengthy litigation 3) Special client circumstances 4) Other client/case-based interests requiring continued representation. The Public Defender remains responsible for completion of non -reassigned cases. Voluntary Termination Notice: Either party may terminate this Agreement upon one hundred twenty (1.20) days' advance written notice for any reason. 40 Early Termination: The parties may mutually agree in writing to an earlie'r effective termination date. If the effective termination date falls on any date other than the final day of -m-o-n-th—th- . a-Puhlte--Defendar-shalt-rece-'lve prozzrata-compensa an hase7d on-days-workad-6 Post -Termination Completion The Public Defender's obligations to provide representation include the obligation to timely and fully complete all cases or matters covered by this Agreement. This obligation includes: 0 Representation of clients appointed during the Agreement term. * Completion of pending cases even if the Agreement terminates. 0 Cases shalt not be withdrawn or transferred unless authorized/directed by the Director of Public Defense. 2026-2027 PSA-SC, Michael Fraser Morgan Page 11 of 15 No additional compensation beyond Agreement terms for post -termination case completion. Compensation for extraordinary cases, trials, and other expressly authorized 'Items shall continue to apply to cases assigned during the Agreement term but finished after termination. The Director of Public Defense shall have authority, for good cause and in their sole discretion to transfer one or more, pending cases after termination of this agreement. 19. INDEMNIFICATION AND HOLD HARMLESS The Public Defender hereby agrees to and shall fully 'indemnify and hold harmless the County and all its officers, employees, and agents from any and all losses, damages, costs, charges, claims, demands, suits, or actions (of any nature) directly or indirectly arising from or caused by the Public Defender's (or any person acting for or on behalf of the Public Defender): e Acts, defaults, errors, and/or omissions, or * Performance of legal services under this Agreement. Defense Obligation In the event any suit or legal proceeding is brought against the County, its officers, employees, or agents relating to the Public Defender's conduct or services, the Public Defender shall., * Assume the full defense of such action a Pay all costs, charges, attorneys' fees, and other expenses 0 Pay any and all judgments or awards entered against the County or its representatives Surviving Provision The indemnification and hold harmless provisions shall survive termination of this Agreement indefinitely. 20, PROFESSIONAL LIABILITY INSURANCE Insurance Requirements Throughout the entire Agreement term and any extended period during which the Public Defender performs services, the Public Defender shall: Obtain and continuously maintain a professional liability insurance policy. 0 Minimum Coverage: $1,000,000.00 per claim / $2,000,000.00 aggregate per policy term, * .—Additionat-In-suredl.- Cover -age -shall name. --all- other Public,.-.defenders-act'ing-..o.n-'behalf of this Public Defender. • Coverage Scope: Errors and omissions in performance of legal services under this Agreement. • Cancellation Notice: Insurance company shall provide County with no less than thirty (30) days' prior written notice if policy is cancelled or materially altered. Issuer: Insurance company authorized to conduct business 'in Washington State. Policy Verification The Public Defender shall: Provide proof of insurance within fifteen {15) days of Agreement signature. 2026-2027 PSA-SC, Michael Fraser Morgan Page 12 of 15 0 Provide annual renewal proof on or before policy expiration date. * Maintain continuous coverage throughout the Agreement term. 21. NON-DISCRIMINATION The Public Defender and all officers, employees, and agents shalt comply with: Title V1 and V11 of the Civil Rights Act of 1964 (as amended 1972). Executive Orders: 11246 (as amended by 11375). Age Discrimination in Employment Act of 1967. o Washington State Laws Against Discrimination: RCW Chapter 49.06. 0 All other applicable non-discrimination statutes and regulations. 22. GENERAL CONTRACT PROVISIONS Integrated Agreement This Agreement represents the complete and entire agreement between the parties and supersedes: e All prior agreements, contracts., and understandings (written or oral), e All verbal agreements, conversations, or writings with County officers or officials. 0 Any previous agreement between the parties. No verbal agreements are binding on the County whether communicated by the Director of Public Defense or otherwise. Rights and Remedies Not Waived No waiver of 'breach shall occur when: • The County makes payment while a breach exists. • The Public Defender accepts payment while in breach. • Such payment shall not impair any party's rights or remedies regarding the breach, Severability If any term,, covenant, condition, or provision is hold invalid or unenforceable by a court of competent Jurisdiction: * The remainder of the Agreement shall remain in full force and effect, and 0 The remaining terms shalt continue to conform to applicable taw. Modification and Amendment No modification, amendment, or alteration of this Agreement shall be valid unless executed with the same formality as this Agreement and signed by authorized representatives of both parties. Parties may request modification should unforeseen and material changes in circumstances arise. Non -Assignability The Public Defender may not assign rights or obligations under this Agreement to a third party. 2026-2027 PSA-SC, Michael Fraser Morgan Page 13 of 15 o Waiver of Strict Performance No failure by either party to insist on strict performance of Agreement terms shall constitute : 0 A waiver of such term, or 0 An abandonment of this Agreement. SIGNED this _� day of December, 2025. BOARD of COMITY COMMISSIONERS GRANT COUNTY, WASHINGTON Rob J air Cindy 6artlr, ice Chair Kevin Burgess, 1�ber st: B rb •a J. Vasquez, C rk f e Bo 2026-2027 PSA--SC, Michael Fraser Morgan Page 14 of 15 NOTE: Agrceracnt must bo shed hi the presence of a Niotary. 'INotary block is below State of Washington ) 8S. County of Grant -M.-ichael Fraser Morgan PUBLIC DEFENDER : 1; 0, , Miclidel, Fraser Morgan, WSBA #15658 Addrbss,-, 3611 SW 31 1th Place Federal Way, WA 95023 Phone.- Michael Fraser E-mail.- michael.@tl-ieniorganlcrtwo-ffice. coin Tax ID #: 27-332449 1 I thereby certify that I know or have satisfactory evidence that Michael FraserMor gan stped this instrument and act iowtedged it to be his free and voluntwy act for the uses and purposes m.entioned i . n the instmment,, �A P/� lip �x Z. 04z 44 tqov�pl-'f PUBUUI "Ix 71if NO ';;� DATED: to ,I I,- .* "- 4 J. zt�4- Notary Public firer WrashiDgton State. resi 'ding in IV15 A—. MY' conxinission explre's'. & 1'/ t '42W26-2027 PSA-SC, Michael Fraser Morgan Page 15 of 15