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12. December
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2021-12-07 10:00 AM - Commissioners' Agenda
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DS Agreement Superior Court
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Last modified
12/9/2021 2:55:14 PM
Creation date
12/9/2021 2:55:01 PM
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Meeting
Date
12/7/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
e
Item
Request to Approve Agreements for Kittitas County Superior Court Indigent Defense Services with Candy Powers, Paul McBride and Margie Alumbaugh
Order
5
Placement
Consent Agenda
Row ID
83921
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any negligent or intentional act or omission of the CONTRACTOR or subcontractor or agents of <br />either, while performing under the terms of this contract. During the term of this agreement or <br />extensions thereof, any attorney providing services under this contract shall secure and maintain <br />at her own expense a policy of comprehensive professional liability insurance with an insurance <br />company licensed to do business in the State of Washington. CONTRACTOR shall instruct the <br />insurers to give COUNTY 30-days advance notice of any insurance cancellation. Said policy <br />shall have limits of not less than $100,000 per occurence and $500,000 annual, aggregate limit. <br />9, Indemnification. The Contracting Attorney shall indemnify, defend and hold the County, its <br />elected officials, officers and employees harmless from any and all claims whatsoever arising out <br />of performance of the Attorney's obligations pursuant to the Agreement, including but not <br />limited to claims arising out of errors or omissions of the contracting Attomey (or his employees <br />or associates) and/or by reason of accident, injury or death caused to persons or property of any <br />kind occurring, except to the extent they are caused by the fault or neglect of the County or the <br />Court. <br />10. Term of Agreement. Provision of services pursuant to this Agreement shall commence January <br />1,2022 and terminate on December 37,2022, unless this Agreement is terminated earlier <br />pursuant to the provisions of Paragraph 18, and the Contracting Attorney shall provide service to <br />all defendants referred herein in accordance with the terms of this Agreement until representation <br />of such defendant is complete, as provided in Paragraph 1 of this Agreement. This Agreement <br />shall apply to all referrals made through December 3I,2022, unless the contract is terminated <br />earlier, in which case the contract shall apply to all referrals made until 5:00 p.m. on the date of <br />termination of the contract. <br />11. Scope of Work. Over the course of any 365-day period the Contracting Attorney (and any <br />associated or employed counsel) shall handle a caseload of up to, but no more than 116 felony <br />cases, or an average number of 9.67per month, plus 23 juvenile offender cases in that period, an <br />average of 1.92 per month. <br />12. Compensation. The Contracting Attomey shall be paid as follows: <br />The sum of one hundred nineteen thousand and nine hundred forty-eight dollars ($119,948) per <br />year paid in equal monthly installments on the second Monday of the month. <br />. Jury Trial: Shall be paid an additional $375 per diem for jury trial. The Contracting Attorney <br />shall provide invoices to the Court Administrator for all trial per diem pay. Those invoices will <br />be provided within 30 days of the last day of trial. <br />13. Policy as it refers to appointments: At the conclusion of the case the court will automatically <br />withdraw the attomey from the case upon the filing of a notice of appeal or 30 days after the <br />final (appealable) decision of the Court, as the case may be. Attomey does not need to sign a <br />withdrawal. For the purposes of juvenile court proceedings not involving commitment to the <br />Page 3 of 6
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