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Elizabeth Gagley-Contract 2023
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02. February
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2023-02-21 10:00 AM - Commissioners' Agenda
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Elizabeth Gagley-Contract 2023
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Last modified
2/16/2023 1:37:24 PM
Creation date
2/16/2023 1:36:27 PM
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Meeting
Date
2/21/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Contract with Elizabeth Gagley for Indigent Public Defense Services
Order
8
Placement
Consent Agenda
Row ID
99860
Type
Contract
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Page 3 of 6 <br /> <br /> <br /> <br />7. Proof of Professional Liability Insurance. The Contracting Attorney shall provide insurance <br />coverage as set out in this section. The intent of the required insurance is to protect the <br />COUNTY should there be any claims, suits, actions, costs, damages or expenses arising from <br />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. <br />During the term of this agreement or extensions thereof, any attorney providing services under <br />this contract shall secure and maintain at her own expense a policy of comprehensive <br />professional liability insurance with an insurance company licensed to do business in the State of <br />Washington, and shall name the COUNTY, its agents and employees, as additional insureds <br />under the insurance policy(s). All policies shall be primary to any other valid and collectable <br />insurance. CONTRACTOR shall instruct the insurers to give COUNTY 30-days advance notice <br />of any insurance cancellation. Said policy shall have limits of not less than $100,000 per <br />occurrence and $500,000 annual, aggregate limit. NOTE: No contract shall form until and <br />unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the <br />amount required, is attached hereto. No contract shall form until and unless a copy of the <br />certificate of insurance has been attached hereto. <br /> <br />8. 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 Attorney (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 /> <br />9. Term of Agreement. Provision of services pursuant to this Agreement shall commence March <br />1, 2023 and terminate on December 21, 2023, unless this Agreement is terminated earlier <br />pursuant to the provisions of Paragraph 22, 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 31, 2023, 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 /> <br />10. Caseload Standards. The caseload limits set forth in this agreement include a case weighting <br />system for establishing caseloads, a copy of which is attached hereto and incorporated by <br />reference. Over the course of any 365-day period the Contracting Attorney (and any associated <br />or employed counsel) shall not handle a caseload of more than 300 cases as weighted, or an <br />average number of 25 per month.
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