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HomeMy WebLinkAboutAgreements/Contracts - Superior Courtxi9_166 4f3 PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS IN GRANT COUNTY SUPERIOR COURT (ADULT FELONY ONLY) PART TIME CONTRACTOR This Professional Sezvvices Agreement (?SA'l is entered into effective October 15, 201% by and between Grant County, a political subdivision ofthe State ofWashington (hese'nafta called the "County), and the undersigned Public Defender (hmvinafter called the "Public Defender'), a who is fullyadmittedto practice law in the State of Washington, lo PARTIES AND TERM: a. Grant County i's a political subdivision ofthe State of Washington and agrees to with the undersigned independent attwney to provide -i--semees the Superior Court of Grant County. %or-- legal b. Kam So ---- WSBA #24103 (hereafter "Public Defender") is aa ttorni. licensed to prwfice law in the State of Washington and, as an 0c c apm to conttact with the County to provide ndigent defense services in acomilance the terms of this Agreement, T N 4 'A M -- he term of this Agreement shall, commence on the I st day of Sepwm er, 2019 and - ft 8 VjrJujiff1gota on I P- -m- -- the 31st day of December, 2020 unless o1herwise : a-"+ exininaWd i. to the ju ination provisions of this Agreement No notice is required tD this Agre=ent at the end of the tenn., 2. DE— IONS. For the purposes of this Agreemen4 the following definitions &ball apply: a. "Public defense systmn" means any system or pro rm under which Grant County provides, has provided, or is obligated to provide fpr the * * defense of any indigent person charged with a felony or other applicable matter in Grant County Superior Court, be "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. co "Standards for Defense Services" mz+M*%om the and required by the Washington State Supreme Court. Should the Court acnend or update the Standards of Indigent Defense Services, the parties agree adopt the most recent and -4--m-d a ULU-MUL version. do "T&wtor of Public Defense!' means the attorney who is hired to supervise or oversee the system Or F10,ram, under which Grant County has provided, does provide, or is obligated to provide for the urinal defense of any indigent person changed with a felony or other applicable matter in Grant County Superior Court. eo 'Tolicy" and/or "Policies!' are defined as a policy or policies as developed by the Grant County Department of ftblic Defense, 20-19-2020 PSA -SC Houdy, Kam Pap I of 15 f. `fid stynding" (in relation to a Public Defender's membership status of the T' on State Bar Association) is defined as the public defender being current in biwher bar dues, continuing legal education mit hours, and has not had any bar complaints that were resolved adversely in any man= against the Public Defender. I PROFESSIONAL SERVIE Ss Each Public Defender mil represent in a professional manner all individuals charged with felonies or other applicable — in the Grant County Superior Court for whose representation he or she is appointed. Such representation shall include, but is not lhnited to, attendance at first appearances and bail hearings, preparation and appearance at all phases of court proceedings including arraig=ents, pretrial hearings, motions, trials, sentencing, post-trial motions and restitution hearings. The Public Ike en'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 now counsel is appointed to process the appeal, .0 1& The Public Defender shall m a telephone line to receive calls from clients which shall be accessible to all clients including those being held in -custody p A`,n further procemlings, The Public Defender represents and warrants that, throughout the entire telm of this Agmement Public Defender will have adequate time in Public Defenderls puctice and regular personal schedule and will have adequate office support staff services, office resources, and office equipment to undertake and effectivelyLVIAU all services required under this -Agreement. clic Defender fiuther represents and all that Public Defender's personal schedule will not unduly or ummsonably interfm-e with Public It 46 Defender's ability to timely and efficiently perform such services haul without limitation, Public Defender's ability to mare for and attend regularly scheduled trials and dockets or Public. Defender's ability to schedule and conduct face-to-face meetings with the indigent pmwm Public Defender is appointed to represent under this Agreement for purposes of discussing, preparing, and pursuing the most viable defense(s) and/or M as resmution available to the alleged criminal charge(s) and keeping such pm -sons reasonably apprised as to the status of their case. The essential funcdons of this position include, but are not limited to: the ability to do all of the reading and writing necessary to file pleadings with the court; to attend court on a daily basis for up to eight hours a day as needed; to meet with clients both in the jail and at the Public Def tier'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 m �.ftm_ W " 49 QUALAWICATIONS OF PUBLIC DUE.NDERS. All Public Defenders must satisfy and Med The Standards for Jndigent Defense Services and be guided by the Washington State Ba Association Performance ance Guidelines for Criminal Defense Representation.. 2019-2020 PSAnSC Howly, Kom Undhokk Pop 2 of 15 So COMPENSATION, The Public Defender shall be paid Eighty and no/100 DoUm ($80.00) per hour for class B d C felonies and Ninety4lve and No/100 DoUars ($95.00) per hour for Class A felonies, or each part thereof spent conducting professional activity on each case. The billing shall be made in I/ 10 hours for work done in the customary legal fashion. Public Defender will deliver an invoice for each cm worked on to the Director of Public Defense (or designee) at the end of each month a specifying the case and detailing the activity and the work done on each case. Each invoice a should have an original invoice number, Public Defender shall be paid for travel time in the arnoun# of Two 31undivd, FIft and No/100 Dollars for each round trip from her office to Ephrata (and back) for court hear, Meetings with clients and any other legitimate public defense business. Public Defender will bill Grant County in a separate monthly invoice for this travel, The Public Defender is responsible for all costs and fees incurred in maint a law incl 1110 office hicauumg, but not to, rent, phones, copying, faxes, secretarial support, and 0 0 4 all other costs and fees in 92 a law office. Public Defender will be paid for savices within 30 days after invoices are submitted. The Director of Public Defense will act within a reasonable time to reconcile any issue with invoices, 0 69 KWESTIGATORS, Grant County shalll provide Investigators for use by the Public Defender, at no cost to the Public Defender. Public Defenders shall use the Investigators provided by the County, as reasonable and necessary, unless otherwise specifically authorized by the Director of Public Defense. The Public Defender agrees to abide by the Policy on Use of Investigator as currently required by the Director of Public Defense and use the form Prescribed for requesting the assi i ie A or supplemental use of an r Investigator. 7, EXPERTS. Grant County shall a pay reasonable compensation for Expert Witnesses -2 -20 i necessary for the defense of 9'amdefendants, wig nvesfigation, prepwation and ftW of a case, at no cost to the Public Defender. Public Defender shall obtain approval for Expert Witness fees by an motion to the Grant County Superior Court, Public Defenders shall be five to retain Experts of their choosing subject only to the limitations set forth by the Supetior Court's order approving the hiring of the Expert, Public Defenders may redact billing entries (other fim an indication of the hours spent and rate charged) frim Expert invoices for purposes of subnnitting 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. S. ADMEGSTRATIVE SUPPORT. Public Defender shall employ se=tazial/p l,e al support for a mini um 5 hours per week unless and until the Dftwtor of Public Def erase concludes that a given Public Defender does not require such .1"Ostretive support and notifies the Public Defender of that decision in writing. Each Public Defender shall m ate documentation of that Public Defender's arrangements for staff support and shall provide copies of that docum . -- atson to the Director of Public Defense. Whereas this agreement calls for and is anticipated for "'conflict and overfloWl cases to be 2019-2020 P&A -SC Hourly, Kum Page 3 of 13 assigned, the Director of Public Defense does not require at this time such administrative support. The Director will give notice should this requirement change. 9. INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified Interpret to in M - - MUPI-VAL for Public Defenders at the Grant County Jail d at other 0 reasonable tures and places when Public DefL%ders need access to interpreter services. 10* CONFLICTS OF INTEREST. The Public Defender shall imp and m 9 + n ,I, a conflicts -check system and procedure for monitoring potential conflicts of interest in * ,tion to any system and/or procedure used by the assigning entity. This conflict -check system and procedure must be approved by the Director of Public Defense. 11. CASE APPOEWMEENTS & LEWITATIONS. The parties agree that under the case appointment standards set out in this Agreement, the Public Defender will be appointed to no more than eight (8) case equivalents per month for the term of this Agretment. The case equivalent may be increased or decreased by agreement between the Public Defender and the Director of Public Defense. It for any reason, the Public Defender refuses or is otharwise unable to handle a full equivalent case load the County may, in its discretion, this Agrement pursuant to the t on provisions of this dement. During the term of this Agmement, Public Defwder agrees to and shall accept court appoint to represent eligible indigent persons regardless of their race, color, ck tional a ori age, marital status, sorual orientation, handicap, or political or religious affiliation on any felony or other applicable matter in Grant County Superior Court, Provided, however, that the Public Defender shall not be required to accept an appointment An*- this Agreement if the particular appointment would create a bona fid le, actual legal, ethical or professional conflict of interest for Public Defender. Public Defender shall yrwnptly screen each case #ppoint ant for potential conflicts of interest and shall mediately the Director of Public Defense, in writing, of such actual or potential conflict and the reason thmvfbre,, and request the appointment of a substitute Public Defender. The Director of Public Defense will det 10if an actual conflict exists. If the Public Defender disagrees with the Director's decision the Public Defender may submit the question to the Court for resolution. The Director of Public Defense will be ultimately responsible for alternative assignment of cases conflict, Notwithstanding the foregoing, with the approval of the Director of Public Defense, a Public Defender may be assigned up to five (5) cases each year for which he or she lacks wa () the requisite qualifications under the WSBA-Endorsed a a ed S %AA 0) provided that: ano Public Defender with less than two (2) yew of felony prosecution or defense experieiice X11 be assigned a Class A felony or persistent offender case under any circumstance; and (b) the Director of Public Defense must co -counsel with the Public Defender on all aspects of the case. A Public Defender shall not be assigned a death penalty case unless the Public Defender meets the professional qualification stmdards ofthe WSBA-Endorsed St -nAaAa and the applicable Washington Supreme Court rules. 2019-2020 PSA -SC Howly, Kum Lbdholdt Page 4 of 15 12. CASE EQUIVALENTS. For purposes of this agreement case equivalents are not necessary as the Public Defender will bill hourly for each case, 11 REPORTS, The Public Defender shall submit a written monthly case assi ent report to. the Director of Public Defense, detailing by defendant name, case number, case type and case equivalency, the cases to which Public Defender was appointed pursuant to this Agreement during the preceding month. The report shall be submitted by the third (31a) day of each month for assignments made during the preceding month. In the alternative, the Public Defender may agree that the Director of Public De&nse or his&er designee shall provide a written Monthly case ass0 ent 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 agrement during the precxding month. If the Public Defender does not respond with two (2) days of receipt of the report with any obanizes or corrections the report then shall be deaned final for all purposes* CONTESUING EDUCATION/REPORT: Each Public Defender is required to attend trai is YM by the Washington State Office of Public I at least once per calendar year. The Public Defender shall submit an annual report dociunenting his/her having attended at least seven (7) hours of said The report I be in a form and A 'r due at such time as to enable the County to comply with any as 10 mRCW 1091010050, 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 owes in the previous calendar year, including the number and types of private cases. The report shall be submitted in a form and at such time that allows the County to comply With the requirements of RCW 10.101.050. The gart e Public Defender shall submit an annual report to the Director of Public Defense documenting his/her Attorney Time Reporting Requirements (in accordance with RCW 10. 101.050) on the adent of his&er private caseload o as dggmed-necm . gathe Director of the Department of Public Defense, by The Public Defender also, by his or her sigoalure, represents and warrants to the County that the Public Defender is a member of the Washington State Bar Association, in good A.'v'*mss i of the Public now Defender e th If there is any question regarding the good a A County can require that the Public Defender provide it a Certificate of Good standing issued by the Washington State Supreme Court, 14. CLIENT ELI IIIILITY. The Court, consistent with applicable laws, rules and s, shall be the sole determiner of the eligibility of any particular person for representation by Public Defender under this Agreement. If Public Defender is appointed to represent a person and subsequently discovers that such person may not be eligible to 0 remve such publidlyi-provided. representation under the standards established by the Court, I Public D shall mediately notify the Court of such possibility for purposes of the 2019-2020 PSA -SC Hourly, Ka= Undboldt Pogo 5 Of is Court n IA*% a re-deterniination 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 publiclys-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. CONTMUED REPRESENTATION. In the event that a change of venue is granted to a person for whom Public Defender has been appointed to r%xwent under this Agreement, Public Defender shall continue to represent such person in the court to which venue is transfaTed until the case can be transferred to an appropriate Public Defender in that county if such transfer is deemed -0- nippLupulate. The Public Defender's obligations to provide representation, pursuant to this Agreement, includes the obligation to timely and fully complete all cases or rna.ters encompassed by this A . In thatrega r u-', 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 M4 cases or matters encompassed by this Agrmnent following its 4P in.....on shall not in any 0 way entitle Public Defender to receive any additional compensation beyond the compensation amounts) specified in this Agmments In the event that this Agreement is terminated, the Public Defender shall be responsible for continuing to sent clients on y p 0 -tv%" cases until the case is completed. Provid4 repreanda 0 M that for good cause shown, the Director of Public Defense, in his/her sole discretion, may transfer one or more pending es to other attorneys in the Grant County Public Defense system. Those cases will continue to be counted as full cases for the departing defender and shall, at the Director of Public Defense's discretion, be counted as a full case credit for the receiving attorney depending on the stage of the proceeding. If the transfer is done prior to the omnibus hearing, the case will not count for the depatting Public Defender and 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 a 0 49 0 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 DME TOR OF PUBLIC DEFENSE, The Director of Public Defense shall sign case appo. T Director 0 he panel -Public Defenders agree to cooperate with the tor of Public Defense in as & 0 case app The Director of Public Defense WWI serve as 8p okesvmm for all participatingPublic Defenders and as liaison with the courts, the Prosecutor's Office and the Board of County C swoners, 2019-2020 PSA -SC Hourly, Kwm pap 6oris The Public Defender agrees that by entming into this Agwment, the Public Defender consents to the full authority of the Director of Public Dee. In regard to file reviews, the Public Defender specifically consents to P-1 - irector of Public Defense to paim the D review any file subject to case assi 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 pnvilege, create a potential conflict, or violate any ethicals- requirement, then the Public Defender agrees to permit another designated attomey to review the file and to report to the Director of Public Defense. The Director of Public Defense hs the authority to assign or designate 11 Chair and 21dChair counsel in any case that helshe data nes is appropriate, The Public Defender a to abide by the specific terms, conditions andpractice requirements of Grant County Public Defense as they apply to the Public Defender's practice including, but not limited to, caseload &4&LAons;qxxific requirements (includin but not limited to, attendance at Grant County Public Deftwe sponsored 0 me Continuing Legal Education s periodic mandatory meefinp of counsel; and RmA to -v completion of certain specific tub but not M client is appearances m a rotation; and other such tasks and/or practice stwJ6%M4"r%ds or requirements I * as my become necessary .11% for the proper a A stration of Grant County Public Defense. 18* NON-ASSIGNMMNT AND TENWORARY SUBSTITUTIONS. Except as othavise provided ,within this Agmanent, 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 tights, 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 -11,10 1 ----- - - ually agm to make substitute appearances for each other on routine docket afters and mutine, 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 legd 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 I not be entitled to receive any additional compensation from the County for such substitution(s). Provided filrther that however, in the event that Public Defender needs or desires to take up to a Erna I nuuna of two (2) consecutive weeks leave of absence from the practice of law during the term of this Agreement and is unable to ob 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 a # inal docket matters and routine court hearings on an as -needed bawls provided that 4.6. Public Defender and such other qualified Attorney jointlyprepare, sign. and file a written certification with the Court (with a copy to be provided to the County) in all such matters 2019-2020 PSA -SC Hou*, Kam ibftMt Page 7 of 15 and hearings that expressly certifies that such other qualified Attorney has reviewed this Agreement and fully meets all applicable criteria, qualifications, and requirernents under this Agmment to render legal indigent defense services to . persons and proVided further that such tanporary substitution is expressly authorized on the court record by the Court and the particular person(s) being represented by Public Defender who istare 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 .hall 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 ainnt n the coverage specified in this Agreement) and that Public D shall be strictly liable for any and all gas or losses sustained as a result of such other AttomWs non-compliance with the tams and conditions of this Agreement* . 19. OTHER APPOESTMENTS. Except for the Court appo - expressly contemplated and provided for in this A the Public Defender shall not enter into any other -- -- C. -- contract or agreanent to receive appointments from any other court to pertorm *minal defense or --minsil, pros=tion services. 20. JUDICL4L SERVICE. Public Defender shall not serve in any judicial capacity 0 0 0 (ininelug judge pro tam or court conmsmoner) m or for any court located within the County on any juvenile, or infraction matter. Further, Public Defender iWM not serve in any judicial capacity (including judge pro tem, or court comimssionei r) n. 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, a. hivolmtawry T atione The County may terminate this Agreement nediately R........... kv: if, in the sole Jetermination of the Director of Public Defense, the Public Defender is not providing adequate legal services or is in material non-compliance with the tm= of this Agreement. In the case of Involuntary Tar inaton, the Director of Public Defense may direct that some or all p cases be assigned to other qualified Public Defenders. In such circumstances event , the Public Defender shall rp but in no event later than fluve (3) days after notice of Involuntary Termination, identify to the Director of Public Defimse any As"cases m a which icn .6 special circumstances exist, such as imminent trial sc%hadule, lengthy or complex course of litigation, special client cirmemstances, or other client or case based interests that may professionally requim continued nation by the Public Defender. In the event that the Director of Public Defense and Public Defender cannot agree on reassignment or retention Of particular cases, the shall be refereed to the presiding judge for d of 2019-M20 PSA -SC Hourly, Karen 1hdhdk1t Pop a of 15 the issue of assignment of counsel. The Public Defender will be responsible for the completion of all cases not reassigned. b. Volunw- .-IgIgpipatione Either party may 6 this Agreement upon One - Hundred and Twenty (120) days P advance notice for any reason. The parties may 0.18 Mutually agree m, writing to an earlier IAN"" It effective date. The Public D 1-6-- der shall be responsible for completion of all cases assigner before the effecdve date and shall -A--- - -1 pq& not withdraw or uwwaq - such cases to other counsel unless otherwise authorized or directed by the Director of Public Defense. 22. AUTOMATIC TERMINATION. In the event that the Grant County Superior Court or any other court of competent jurisdiction enters an order that precludes Public Defender from rem vmg any fisher Court appointments hemunder, for any reason whatsoever, this Agrmment automaticaUy terminate without ftrther 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 deteaines at that time that the circumstances justify or requiLre a substitution of appointed counsel for any person s) whom Public Defender was so to represent hmmder, 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 IaMfion to any other On* v2=A by the County arise ng 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 offierwise limited or restricted, or M' the event the Public Defender is disbarred or suspended fiorn the practice* of law, or in the event the Public Defimder receives a -1414 recW onunendation from the 'n ton, State Bar Association for sus pensN on or caso- en* the. Public D shall automatically be terminated without luriffer notice as of the A. effective date of the revocation, restriction, disbarment or mapension, or the W6,shington, State Bar Association recommendation, 23, 1[NDENNMCATION AND HOLD HARMILESS, Public Defender hereby agrees to and shall fully ndemnify the County and hold the County, its officers, employees, and ag fully harmless for any and all losses, damages, costs, charges, cl demands, suits, or actions of whatsoever nature directly or indirectly arising out of or by reason of Public Defmders (or any person, agent, contractor, or entity acting for or on behalf of Public Defender or at Public Defender's request or diriection) acts, defaults, errors and/or omissions of whatsoever nature in the performance of legal services to any person under the tam 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 coveNaants 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 wqKmes 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 2019-2= PSA -SC HmWy,, Kwm Lftiftl& a 9 offs In Is 01r. 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 bine paiod during which Public Defender is obligated to perform services or duties * 'V Am hereunder,, Public Defender obtain and continuously +0,1*%at Public Defenders sole cost and expense, a policy of professional liability insurance in an not less than Five Run ed Thousand and No/100 Doffan ($500,000.00) per claim nor less than One on and No/100 DoElan (l, o 90 *0 in thea elate 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 m the pow"ail 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 Agreetnent, and I further require that the insurance company pmvide the County with no less tim thirty (3 0) days' prior — notice in the event the policy is cancelled or materially altered. Said policy shall also comply with all applicable state of WaAft9ton insurance requirements and sliall be issued by ani urance company authorized to conduct business and issue insurance in the state of Wasb m`&n. Contmuporaneously with Public Defendees execution of this Agreernent, Public Ido *2er shall provide the County and its designated Risk Manager with written PZoOf and confumation that such insurance policy and coverage has been obtained within fifteen (15) daysof signature by the parties to this Agreement and Public Defender shall provide the Rs 1' with annual written proof and confirmation 1hat such insurance POIRCY and coverage continues to exist throughout the term of this Awernent on or before said policy's term of expiration. " 4 25. XLELATIONSHIP OF THE PARTIES. The parties understand, admowledge, and agree that Public Deflmder is not an employee of the County and that Public Defender, as of the date of this Agreement and throughout its entire ten., is and will be acting and opera asafully indep Am" contractor. In that regard, except as othm-wise specified in this Agrownent, the County shall have no authority or duty whatsoever to control or supervise the performance of Public Defender's duties and ser Cos hemwder, which control or supemsory capacity is ffilly 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 semk= of the Public Defender. The Public Defender s1 not assign or subcontract this Agreement in whole or in part, I 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 *n4#mA to, the application of the Fair Labor Standards Act m wage and overtime payments, the Federal Irurance . O -d Contribution Ac% the Social Security Ac4 the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Washington Industrial hisurance Act (Title 51 RW), Washington wage and hour laws, and the Washington Employment Security Act (Title 50 ROW). The Public Defender is retained solely to represent indigent ffigent pmons 2019-2020 PSA -SC Howly, Kom Lbdhol& Page 10 of 15 and is not acting in any admiln iftmtive capacity on behalf of the County. The panel Public Defender will retain sole absolute discretion in the judnent, and means of providing his or her le gA representation under this Agreement subject to the rights of the Director of Public Defense to supervise and discipline each panel -Public Ddmder. The parties agme this Agreement shall not be construed as creating any joint employment relationship been the Public Defender and/or any of the Public Deftndees officers, eMP10YON, 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 minimmu wages and/or overtime premiums. The parties finther agree that the County is not responsible for providing any al or other support for equipment, eA ' administrative costs or research tools for the Public Defender unless spedfically agreed to by the Director of Public Defense. 26. NON -DISC TION. 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 aWnended in 1972; Executive Order 11246 as amended by Executive Order 11375; Sections 503 and 504 of the Rehabilitation Act of 1 9751,I the Age Discrimination in Employment Act of 1967; the Vietnam Era Veteran Readjustnent Assistance Act; the Wasbington State Laws A etatna sp admimflon, ClWte49.06 RCW; and any other applicable law or regulation prohibiting discrimination* 27. PROFESSIONAL CONDUCT. The Public Defender shall execute this Agmement indepaxlent of any governmental control, except as provided in this Agreement. The Public Defender shall represent clients, preserve client confidences, and discharge histber duties hereunder in accordance with the Rules of Professional Conduct peftaining to Public Defenders licensed to practice law in the State of Washington any applicable Court rules, It is understood at the of this Agreement that the Public Defender hetvin is not cummnfly qualified concaning 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 worldng under the Agreement. In the event that 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 lhnitation, 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 chain this Public Defender shall take appropriate steps to become death penalty qualified after gait the requisite experience. In such events 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 Public Defender may then be appointed on any subsequent death penalty cases once qualified as a death penalty Public Defender. 2019-2020 PSA -SC Hmy. Kxw Lindhol& Pop 11 of 15 4 0 NoW`ng in this Agmement shall be construed to ftnpair or inhibit the exercise of indqmdent professional judgment by the Public Defender with respect to any client wherein a Public Defender -client ptMege has been established pursuant to the tarns of this Agreement, Nothing in this Agro=ent 1 require or authorize any Public Defender to perm any --or, .4 .41 acts in any prosctibed by, or neglect to periurta any iacues 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 0 applicable case law, court rules, regulations or statute. This Agreement sUl Am's requtre nor authmize any Public Defender to engage in any conduct deemed eroruneffiical N a in opmuons, 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 CL.IENT F1LES. 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 tined tA by the Public Defender in aceordance with requirements set forth in the. Washington State Archives' Local Records Retention Schedule, at Www'8081walLpove Any question as to what does or does not constitute a public record should be Ah=W the County's Public Records Officer in the Commissioners' office at (509) 754-2011 ext. 29380 1. The Public Defender shall be responsible for a a 0 ng a client's files. The Public Defender shall retain and/or release client files in accordance with a priate 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 ferred to another Public Defender who is a member of the County's Public Defense Panel, 29. SUPPLEMENTAL GENERAL CONDITIONS, a a. integrated Document: This Agreement embodies the enfirety of the agreement between the County and the Public Defender, and its applicable tenns and conditions and supersedes any and all other agreements, contracts and unders A44% st or 4 at a id oml (including, without limitation, any previous agmement executed by the parties). No verbal agre Amn , conversations, understandings, or writings with any officer, official, agent, or employee of the County prior to the execution of this Agreement ball affect or modify any of the terms, conditions, or obligations contained 4 0 m any do cmn* comprismg this Agreement. Any such verbal ageements, conversations, understandings, or writings shall be considered as unofficial and in no way binding upon the County, b. When Rights and Remedies Are Not Waived: In no event shall any payment by the County or acceptance of payment by the Public Defender constitute or be construed to be a waiver by such party of any breach of contract, covenant, or default which may 2019-2020 PSA -SC Hmmly, Kum din Pkv 12 of 15 then exist on e part of other. The AN& A .-or acceptance of any such payment while ththe ffet4v% any such breach or default shall exist shall in no way impair or prejumce any right or remedy available with respect to such breach or default, c., Severability Of Provisions: If any twn, covenant, condition, or provision of this Agnanent 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 Ageement 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 0 law, and shall continue in full force and effect and m no way be impaired or invalidated thereby. d. Disputes — Arbitration: Disputes or claims arising under this Agreement between the County and the Public Defmula shall initially be resolved by consultation between the Public Defender and the Cmmt 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 fifiNeen (15) days of such N It consultation, the proposal then shall be submitted to final, binding arbitration in accordance with the mles of Arbitration of the American Arbitration Association. All 4 -m -NA -- Arbitration decisions are final and binding on all parties. The parties may LUUMally I -w d agree to di JLVA VULrales for the twolution of the arbitration, as long as the agreement is 040 in wnung and signed by an authorized party representative. e. Modifications: Nothing contained in this Agreanent be deemed to preclude any led" ^Ad" party from seeldng A.cation of any term co an -unforeseen and material in circumstancres atise. Any agreement, contmct, undmtanding, 94000 or momneation made between the parties subsequent to this A4recme1t, including any fnrm. 41 a or other modification to the terms and conditions of this Agreement must be executed with identical ality as this Agreement; othmvise the same shall not be enforceable. f. Assi 1he 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 tam or an abando ent of this Agreement, day of 2019-. 2019-2020 PSA -SC Howly., Kam Lftxftldt Page 13 of IS Attest J. Vasquez, NOM.- APM=w1=Mbaa dVxdindw mmw prof a NdtW. Notuy bluk is an dw foaming pass. BOARD OF COUNTY COAMUSSIONERS GRANT COUNTY9 WASMNGTON T Taylor,, f,..h* StcVwS, MembeT PUBLIC DEFENDER Karen S. WSRA #24103 Address: 1310 W. Dean Avenue Spokaw, WA 99201 Phone: (509) 309-0866 E-mail: .4,r V Na,il.com Tax ID M 519-76-7695 2019 -MO PSA -SC H=iy, Kam Um&okh Pap 14 of 15 State of Wasbhq1ton )6q. County of Grant I hOMbY CtT* that I know or have saddactory evidence that Karen S. indholdt wed this in D strum t and. on acknowledged it to be her free and voluntw7 act for the, uses and purposes J.- floned in to insftumtmt E 07 0 1 Nea VA 6 lwo- MURY pU9LC it At 0 0 � cow IMRIS 0 % . 1. i, Public for W t Sateg resdam M G County. Nov 2r4 2M 99 Commission expims: 11P 10, ;0 44*p� 0110P WAISA NO 2019-2020 MAC Hmiy, Ko Lir Page is of is Date: To: From: GRANT'COUNTY DEPARTMENT OF PUBLIC DEFENSE MEMORANDUM October 22, 2019 THE HONORABLE BOARD OF COUNTY COMMISSIONERS (BOCC) Brett Hill, Director, Department of Public Defense Re: Proposed Professional Services Agreement -Karen Lindholdt Attached: Attached please find a proposed Professional Services Agreement (PSA) with Karen Lindholdt. I propose this PSA be entered into and signed by the Board. Pgrpose: The purpose of this proposed PSA is to have another conflict attorney. The Department of Public Defense (DPD) is often required to assign attorneys to cases with multiple co- defendants, or for defendants who have conflicts of interest with more than one attorney. Therefore, there is a need to have multiple law firms and attorneys available to deal with the multiple conflicts. N. Smith Hagopian was one such conflict attorney. He became unavailable on September 1, 2019 as he took a job in Douglas County as a deputy prosecuting attorney. The proposed PSA would replace the PSA with Mr. Hagopian. PSA Highlights: The PSA is essentially the same as those in the past. There have been some editorial changes that explain the agreement in a better way. There were also some changes to include: 0 The extraordinary case credit section was removed because the pay is based upon an hourly rate. There is no need to identify case credits. 0 There is a provision to pay a $250 flat rate for travel to Grant County for official business. Ms. Lindholdt comes from Spokane. To pay the rate currently applied to hourly professionals means the cost for each trip would have been near $450-500. Necessary: Please approve this Professional Services Agreement. I believe it treats all parties fairly and it is necessary. I BOCC Memorandum—Karen Lindholdt PSA -10-22-2019