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HomeMy WebLinkAboutDS Agreement Superior CourtAGREEMENT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT DEFENSE SERVICES (2022) This agreement is entered into by and between the County of Kittitas (County) and Paul McBride (Contracting Attomey, WSBA #47 57 4). 1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, public defender services for all eligible indigent criminal defendants in cases filed in the Superior Court (Court) as set forth in this agreement. The Contracting Attorney or other assigned counsel shall provide legal representation for each assigned defendant from the time of receiving notice of appointment through every stage of the legal proceedings at the Superior court level including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals. All cases assigned to the Contracting Attorney as of the date of termination of this contract for which the next set hearing date is within 180 days after such date of termination will be handled as set forth above; provided, that in any case where the client fails to appear for a trial or hearing after termination of the contract, the Contracting Attorney may withdraw from representation subject to order of the court and thereafter the Contracting Attorney shall have no obligation herein to represent the client or accept reappointment thereafter. 2. Attorney as Independent Contractor. The parties recognize and affirm the understanding that the Attomey is an independent contractor having no relationship to the County except to provide professional legal defense services to the persons officially assigned to the Attorney pursuant to this Contract. Neither the Attorney nor any employee of the Attomey is an employee of the County. Neither the Attorney nor any employee of the Attomey is entitled to any benefits that the County provides its employees. The Attorney will provide the Court Administrator with proof of a valid Washington Uniform Business Identification number before commencement of work. The Attorney is solely responsible for the timely payment of any taxes, assessments, statutory workers compensation, or employer's liability insurance as required by Federal or state law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment and will indemnify the County in that regard. 3. Applicant Screening. Determination of Indigence for purposes of eligibility for appointed counsel under this contract shall be made by a screening process established by the Court. Counsel is under no obligation to determine a person's eligibility or continuing eligibility to receive publicly provided representation. However, if counsel subsequently discovers that such person may not be eligible to receive publicly-provided representation under applicable laws, rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules/ professional standards, shall promptly notify the appointing court of such possibility. Page 1 of 6 4, Assaeioted Ceunsel- Any counsel asso*iated with or employed by the Contracting Attomey shall have ihe auihority tc perform the services callsd for herein, and the Contracting Attorney rnay employ and/or associ$te counsel to assist himlher. The Contracting Anarney and all counsel employed or associated pursuant to ihis section shall be adrnitted ro rhe practice of law in the St*t* of Wa*hington afld be in good $tanding as such, shall cornply with applicabte provisians nf CrR 3.1 Standards for Indigenf Defense, a*d shall.have a rninirnurn of five years' experience in the criminal law legal field {defen*e at{omey and/or pro$ecuror and/or judicial). The Contr*cting Artorney shall be respcnsible for perforrnanc* of this Agreerne*t notwithstanding that other c*unsel rnay he ernployed ar associated by the Contracti*g Attorney f* perform services herein. The Csntracting Attarney shall notify the Court of any proposed a"ssocialicn or employment sf ccunsel far p*rpose* of pedorming the services called herein, and shall include in such natification documeriiaticn regarding the background, educalion, training, experience and qualifications of sueh coun*el, and any additional rraining and supervi*ionthat is propr:sed to be provid*d ta such as*cciated or empl*yed counsel for purposes:of performing ttre services called for her*in. The Contracting Attomey's selection of any counsel associated rvith *r empioyed by ih* attorney to perfcrnn the services desuibed in this contract shall be subject to the approval of the Court. 5. Training. Attorneys providing public defense services shall cnmplete seven hours of continuing legal educatiort approved by fhe Washington St*te Office of Public Defense within oach calendar year i* coltrses relating to their public defense practice, {RCMS.1CIl.050; CrR 3.1 Standards) Aftcrneys providing publie defens* services shall comply with all applicable standsrds, training *nd/or certification requiremeftLs a$ may be required by court rule or regulations and shall provide wrilten proof of sach campliance to rhe corrrf. f. Certi{Ication. Attorneys prcviding public defense services shall comply with the Standards for lndigent Defanse adapied by the Supreme Car:rt. Each attorney shall pnrvide a Certificati<rn,cf Ccmpliance with the applicable standards as required by CrR 3.1 which shall be filed with the Superior Caurt administrator on the last Monday of each January, April, July, and October by the Conrracting Attorney and any associated,or employed e$orney previding leg*l defense in Superior Court u*der this agreement. The certifiaation shall also include caseload reporting by the attorney consisteni with the requirements imposed upo* the County by RCW 10.101,050. 7. Liability af Contraciing Parties, Attorn*3r a* Ind*pend*nt Contra*tsr. Hach pa*y m this agreement strall be responsible f<rr the negligent act$ or omis*ions of its awn employees, officers ${'asents lfi llr{r pefforman{:e,of tlriri s€rssmsnt. Neirlrsr parry $halt be $onsidsred the agenr ol the other nor d*es neither party n$suffe any re$ponsibility to the other party farthe csn$eq$eno$$ <rf any sct or arnission of any party, firn or corporation not a party to xhi$ *grccrnent. 8' ?roof of Profcssiond Liability Insuranc*. The Contracting Attorney sh*ll prcvide insurance covrlrage as $et out in this section. The intent of the required insuraRee is to proteat the Page 2 af 6 COUNTY should there be any claims, suit$, actions, co$ts, darnages sr expsr$e$ arising from any negligent sr intentisnal act or smissian of the CONTRAC?SR or subsontrastor or agents of either, while perfcrming un<ier the tenns of rhis $ontrect" During the term of this asrcement or exiensiofis thereof, eny attorney providing services under this ca*ra*t shall secrre and maintaig a* her own expense a policy *f comprehensive professional liabitity i*surance with *a ir:sur*nce cornpany licensed to.da business in the State of WashingXon, CQNTRACTOR shall instruct the insurers ta give COUNTY 30-days advance notice of any insurance cancellation- Said pollcy shall have limits of rtst less fhan $10S,00* psr CIscunence and $50S,000,an*ual, aggrcgate limit. 9, Indemnification. The Contraeting Attsmey shall,indemnify, defend and hold the County, ils eleeted offisials, officeru and employees harmless from *ny and all clairns what"soever arising out af performance of the AfiCIrney's abligations pursuant to the Agreemeni, ineludi*g but nct limited to claims arising out of enor$ or omissions of the conrracting Attomey {or his employees or associates) and/or by reason of accident, injury or death caused to p€rson$ or property of any kind occurring, except to the extenf they are caused by the fault or negiect of ihe County or the Court. 10. T*rm tf Agr*emcnt. Provision of services pursuant ta this Agreernent shall csmrnence January 1, 2422 and terminate on Decemher 31 , Afi?e, unless:this Agreement is terminated earlier pursuant to the provisions of Paragraph 18, *nd the Confracting Attorney shall provide service to all defendants referred herein in aceordance with the tenns of this Agreemenr until representation of such defendant is complete, as pravided in Faragraph I of thi* Agreement. This Agreoment shall apply to all referals made through December 3t,2022, unless the contract i$ terffiiriated earlier, in which ca$e the contract shall apply to all referrals made until 5:00 p,m. on the dare of terrnination of the contract. ll. ftcope of Work. Over ths casrse of any 36$-dav period the Cankacting Attomey (nnd any associated or employed counseli shall handle * caseload of up to, but:no more than 67 felony csses, sr an aver&ge number of 5.58 per month, plus 13 juvenile offender cases in that period, an averass of 1.SB per month. 12. Compensation. The Contracting Attarney shall be pa,id an follows: The sum of sixty'nine tho*sand and eighty eight dollars {$69,0S8i per year paid in equa} monrhly installment$ on ths second Monday of the month. . Jtlry}i4l Shall be paid an additianal $375 per diem for jr:ry trial. The Contraciing A$erney .*hall prc,rvirl* invoicas kr the Cnr.rrJ Administralnr far all llial r:er rliern fr*y. Theise invnicos will be provided lryithin 3S days cf the last day of rrial, 13' Folicy as it r*fe$ to appolntmsnt$: At the conclusion of the case the c<xrt $rill auromatically withdraw the attorney from the cass upon the fiting of a notice of appeal or 30 days after the final (appealable) decision of &e Court, a$ the ca$e may be. Attamey dces nct need to sign a P*ge 3 of 6 withdrawal. Sor the purpCI$es of juvenile courf praceedings not involving commitment to the cust*dy af the Depa$rnent of Children, You{h and Families Juvenile Rehabiliration the case is not eompleted until the canclusion of supervision. 14. Investigattrs. The Court will set aside sufficient funds out cf its publie defender budget to fund dcf*nse itrvestigators. P*blic Sefe*ders may file ex parte motio$$ f*r su*h investigator funds. 15. Cosk. The Contracting Attorney shalt receive copies af all pleadings filed in rheir client's Superior Court case file in the Kittitas County Clerk's Sffic* at no cs$t ro the attor$ey. ?hs Cl*rk shatl bilt {h*se expens*s dire*ly ra the Supcri*r Cou*, IS. Sxperts. The *ou* will set aside sufficient funds f*r expert de{ense wirnes*es* Public Defendcrs may file ex partc r*otions for such expert witness funds. 1?. Extratrdinary cfl$os. If a public defender is assigned a case which requires an extraordincry amount af tirne and preparati*n, Counsel may apply is the Court in writing and subject to CRl14, fry such additio*al e$mpen$etiein as the C*urt dstormines to be appropriate. 18. Confli*t Counsel. The eost of conflict counsel shall be paid by the County and not by the contracting altorney. lf the Congracting Attcrney or any empl*yed or a.ssociated attarney is precluded frcm represeriting a client n'ecause of a conftict which e*nnot be resalved by transfer of the case between the Contr*cting Attomey and er*ployed or a*ssciated couns*l, t}to attsrney shall promptiy *rrtifir the C*urt by notice of withdrawal and substitnrion of another etrornelr qualifi*d under the tenns af Paragraph 4. Conflict coun*el shall be paid at the sarne psr case crimpensation rale ss the Contractirrg Attorney. For the pilrps$es of this provision, a Conflict of Interest requiri*6 any r*placeme*t of counsel shall be as defined is the *pSrlicable RPCs {Rules +f Prafessional Conduct) promulgared by the Washington Suprerne Court. 19. Tsrminstion. a, Fpf {*$se:-Siiher party ma;r terminale this Agreement immediately in thetvent the other pa$y fails to perform its obligatians as described in this Agreernen{ and ssch failure has nst been ccrrected to the reasonoble satisfactiol of the injured party in a timely manner after notice of breach has been provided to the other pany. Compensation for cases assigned prior to the effective day of terminalion shall be as provide.d under rhis Agreement. b. For Reasons Eeyond the Partiqs' Conttqli Either party rnay terrninate this Agreement imnlsdlately withour rs;uilr$e by the otfier wficre perfurmance is rendercd impossilrlc <rr impracticable for r*asons beyond such par{y's eontrol, including hut not limited tCI acrs of nature. war, rio[, personal disability or superior Soyenrirontal regul*tion or conrol. i). Withaul.Cglse: Either party may terminate *ris Agr+ement without cau$e upon 90 days writfen n$tice, which date of terminatiafi shall correspsnd {o t}re last day of a ralendar rnonth. The Page 4 r)f 6 contracting attorney shall be respansible fcrr compledon of cases assign*d prior to the effective date of terminatiein. 2S. Amendments" No madificaiion or arnendrnent of the provieians of this Agreement shall bc effective unless in writing *nd signed by the authorized representetivs of the parties hereto. 21. Nondiscrimination. Contracting Attorney shall not discriminate or $lerete harassment on the basis af race, eolor, sex, religion, n*tionar crigin, r:rarital statu$, sgxual oriontati*n, ffg€, $r the prssence of any $ensGry, mertal, or physi*al disabititlr in the administrati+n cr deliveq, of public defense services. Counsel shall compty with all fedeial, state, and local non-dis*riminarion roquirernents, 22. Shyxlcal $ffice/Comffi*nicatians and $upp+rt St&ff. Thc Contracring A,ttorney will maintain a physic*l office or have acesss tCI an af{ice that accommodates ccnfidential rneeting with clients; maintain a postal address and adequat* telephone serv'ice to ensure prompt re*Bonse {$ client contact' and will provide sufficient support staff to provide for effe*ive sssistance of counsel. 23' Sntirc Agre*ment. This instrumcnt conhins the entire Agresment betweelr rhepagies and may nat be enlarged, modified, or altered except in writings signed by the parties. IN WITNES$ WH$RAOF. *he pmtlu hayt exec*ted,rhis Agrotrnont on the dayof Dccemher t. faul Mc3ride, lf$SA #47 57 4 Contr*cting Attornoy rlfi-tADOpTfiD this _ I ,,,,,, day of December e02t. $O*HD oF cout{TY coMMl$st0}tER$ XITTI?A$ CSIJNTY.r rlr rA?^r rrt'tYLr t tlt\t Shairman Vice-Chair Cory Wright, Commissioner Page 3 af 6 ATTH${: -ffis*<ot tho Soard- Julls KJorsvik il Deputy Clsrk of lhe Baard- Mandy Buehhofa APP*OVHD AS TO FSRM: Sougtae R. Mitchsll, Deputy Proseeu$ng Attomoy Irilll Fap6 of 6 CAMAS Request: #53220 Public Defense Contract for Paul McBride ,Affschec/ rs P*cd A4*Snde's *antra*t f*r hGZZ. lf is flis saff?s as flre e*ntra*t far 2021 *x*cpf f*r con:perisafian whi*lt rs 3% high*r Priority: 3. Soon Due date: 1211512021 5:00:00 PM Assigned To: Doug Mitchell Status: Closed Time: 20 minutes Additional details: For: Email: Also notify: None Fite(s) auached' ir|r#,33:gi:jf;rservices -ucBride.docx-13282e368e47671005..docx, 53220 - Public Defense Contract for paut Categories: Superior Court, Superior Court Request History: Updated by PA: Resolution: Approved as to form. Status has changed from Open to Glosed. Doug Mitche!! qpgll Public Defense Contract for Paul McBride 10 minutes on this request.Doug Mitchell 121212Q21 11:11 :16 AM Agreement attached Sarah Keith 121212021 8:41:34 AM Updated by PA: Resolution: 'Attached is Paul McBride's contract tor 2O22." Really? I know I need glassed, but ...Doug Mitchell qpgll Public Defense Contract for Paui McBride S minuies on ihis request. Doug Mitch ell 1211 12021 4:26:22 PM Updated by PA: Resolution: Retention has been set to 1 year. Request has been reassigned from to Doug Mitchell. Due date has changed from 1ZIZI2021to 1Il1StZ021. Christine li"e qpqnl Public Defense Contract for Paul McBride 5 minutes on this request.Christine Rice 121112021 3:34:41 PM Request created: Attached is Paul McBride's contract for 2O22.lt is the same as the contract for 2Q2l except forcompensation which is 3% higher. Sarah Keith 121112021 3:28:41 PM AGREEMENT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT DEFENSE SERVICES (2022) This agreement is entered into by and between the County of Kittitas (County) and Margie Alumbaugh and Alumbaugh Law (Contracting Attorney, WSBA #44901). 1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, public defender services for all eligible indigent criminal defendants in cases filed in the Superior Court (Court) as set forth in this agreement. The Contracting Attorney or other assigned counsel shall provide legal representation for each assigned defendant from the time of receiving notice of appointment through every stage of the legal proceedings at the Superior court level including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals. All cases assigned to the Contracting Attomey as of the date of termination of this contract for which the next set hearing date is within 180 days after such date of termination will be handled as set forth above; provided, that in any case where the client fails to appear for a trial or hearing after termination of the contract, the Contracting Attorney may withdraw from representation subject to order of the court and thereafter the Contracting Attorney shall have no obligation herein to represent the client or accept reappointment thereafter. 2. Attorney as Independent Contractor. The parties recognize and affirm the understanding that the Attorney is an independent contractor having no relationship to the County except to provide professional legal defense services to the persons officially assigned to the Attorney pursuant to this Contract. Neither the Attorney nor any employee of the Attomey is an employee of the County. Neither the Attomey nor any employee of the Attomey is entitled to any benefits that the County provides its employees. The Attomey will provide the Court Administrator with proof of a valid Washington Uniform Business Identification number before commencement of work. The Attorney is solely responsible for the timely payment of any taxes, assessments, statutory workers compensation, or employer's liability insurance as required by Federal or state law for the Attorney and any employees of the Attorney. The Attomey guarantees such payment and will indemnify the County in that regard. 3. Applicant Screening. Determination of Indigence for purposes of eligibility for appointed counsel under this contract shall be made by a screening process established by the Court. Counsel is under no obligation to determine a person's eligibility or continuing eligibility to receive publicly provided representation. However, if counsel subsequently discovers that such person may not be eligible to receive publicly-provided representation under applicable laws, rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules/ professional standards, shall promptly notify the appointing court of such possibility. Page 1 of 6 4. Associated Counsel. Any counsel associated with or employed by the Contracting Attorney shall have the authority to perform the services called for herein, and the Contracting Attorney may employ and/or associate counsel to assist him/her. The Contracting Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice of law in the State of Washington and be in good standing as such, shall comply with applicable provisions of CrR 3.1 Standards for Indigent Defense and be supervised as necessary to comply with letter and intent of the above stated standards. The Contracting Attorney shall be responsible for performance of this Agreement notwithstanding that other counsel may be employed or associated by the Contracting Attomey to perform services herein. The Contracting Attomey shall notify the Court of any proposed association or employment of counsel for purposes of performing the services called herein, and shall include in such notification documentation regarding the background, education, training, experience and qualifications of such counsel, and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Contracting Attorney's selection of any counsel associated with or employed by the attomey to perform the services described in this contract shall be subject to the approval of the Court. 5. Training. Attorneys providing public defense services shall complete seven hours of continuing legal education approved by the Washington State Office of Public Defense within each calendar year in courses relating to their public defense practice. (RCW 10.101.050; CrR 3.1 Standards) Attorneys providing public defense services shall comply with all applicable standards, training and/or certification requirements as may be required by court rule or regulations and shall provide written proof of such compliance to the court. 6. Certification. Attorneys providing public defense services shall comply with the Standards for Indigent Defense adopted by the Supreme Court. Each attorney shall provide a Certification of Compliance with the applicable standards as required by CrR 3.1 which shall be filed with the Superior Court administrator on the last Monday of each January, April, July, and October by the Contracting Attorney and any associated or employed attorney providing legal defense in Superior Court under this agreement. The certification shall also include caseload reporting by the attorney consistent with the requirements imposed upon the County by RCW 10.101.050. 7. Liability of Contracting Parties, Attorney as Independent Contractor. Each party to this agreement shall be responsible for the negligent acts or omissions of its own employees, officers or agents in the performance of this agreement. Neither party shall be considered the agent of the other nor does neither party assume any responsibility to the other party for the consequences of any act or omission of any party, firm or corporation not a party to this agreement. 8. Proof of Professional Liability Insurance. The Contracting Attorney shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the COUNTY should there be any claims, suits, actions, costs, damages or expenses arising from Page2 of 6 any negligent or intentional act or omission of the CONTRACTOR or subcontractor or agents of either, while performing under the terms of this contract. During the term of this agreement or extensions thereof, any attorney providing services under this contract shall secure and maintain at her own expense a policy of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. CONTRACTOR shall instruct the insurers to give COUNTY 30-days advance notice of any insurance cancellation. Said policy shall have limits of not less than $100,000 per occurence and $500,000 annual, aggregate limit. 9, Indemnification. The Contracting Attorney shall indemnify, defend and hold the County, its elected officials, officers and employees harmless from any and all claims whatsoever arising out of performance of the Attorney's obligations pursuant to the Agreement, including but not limited to claims arising out of errors or omissions of the contracting Attomey (or his employees or associates) and/or by reason of accident, injury or death caused to persons or property of any kind occurring, except to the extent they are caused by the fault or neglect of the County or the Court. 10. Term of Agreement. Provision of services pursuant to this Agreement shall commence January 1,2022 and terminate on December 37,2022, unless this Agreement is terminated earlier pursuant to the provisions of Paragraph 18, and the Contracting Attorney shall provide service to all defendants referred herein in accordance with the terms of this Agreement until representation of such defendant is complete, as provided in Paragraph 1 of this Agreement. This Agreement shall apply to all referrals made through December 3I,2022, unless the contract is terminated earlier, in which case the contract shall apply to all referrals made until 5:00 p.m. on the date of termination of the contract. 11. Scope of Work. Over the course of any 365-day period the Contracting Attorney (and any associated or employed counsel) shall handle a caseload of up to, but no more than 116 felony cases, or an average number of 9.67per month, plus 23 juvenile offender cases in that period, an average of 1.92 per month. 12. Compensation. The Contracting Attomey shall be paid as follows: The sum of one hundred nineteen thousand and nine hundred forty-eight dollars ($119,948) per year paid in equal monthly installments on the second Monday of the month. . Jury Trial: Shall be paid an additional $375 per diem for jury trial. The Contracting Attorney shall provide invoices to the Court Administrator for all trial per diem pay. Those invoices will be provided within 30 days of the last day of trial. 13. Policy as it refers to appointments: At the conclusion of the case the court will automatically withdraw the attomey from the case upon the filing of a notice of appeal or 30 days after the final (appealable) decision of the Court, as the case may be. Attomey does not need to sign a withdrawal. For the purposes of juvenile court proceedings not involving commitment to the Page 3 of 6 custody of the Department of Children, Youth and Families Juvenile Rehabilitation the case is not completed until the conclusion of supervision. 14. Investigators. The Court will set aside sufficient funds out of its public defender budget to fund defense investigators. Public Defenders may file ex parte motions for such investigator funds. 15. Costs. The Contracting Attorney shall receive copies of all pleadings filed in their client's Superior Court case file in the Kittitas County Clerk's Office at no cost to the attorney. The Clerk shall bill those expenses directly to the Superior Court. 16. Experts. The court will set aside sufficient funds for expert defense witnesses. Public Defenders may file ex parte motions for such expert witness funds. 17. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary amount of time and preparation, Counsel may apply to the Court in writing and subject to CR11A, for such additional compensation as the Court determines to be appropriate. 18. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the contracting attorney. If the Contracting Attomey or any employed or associated attomey is precluded from representing a client because of a conflict which cannot be resolved by transfer of the case between the Contracting Attorney and employed or associated counsel, the attomey shall promptly notify the Court by notice of withdrawal and substitution of another attomey qualified under the terms of Paragraph 4. Conflict counsel shall be paid at the same per case compensation rate as the Contracting Attorney. For the purposes of this provision, a Conflict of Interest requiring any replacement of counsel shall be as defined in the applicable RPCs (Rules of Professional Conduct) promulgated by the Washington Supreme Court. 19. Termination. a. For Cause: Either party may terminate this Agreement immediately in the event the other party fails to perform its obligations as described in this Agreement and such failure has not been corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Compensation for cases assigned prior to the effective day of termination shall be as provided under this Agreement. b. For Reasons Beyond the Parties' Control: Either party may terminate this Agreement immediately without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's control, including but not limited to acts of nature, war, riot, personal disability or superior governmental regulation or control. c. Without Cause: Either party may terminate this Agreement without cause upon 90 days written notice, which date of termination shall correspond to the last day of a calendar month. The contracting attomey shall be responsible for completion of cases assigned prior to the effective date of termination. Page 4 of 6 20. Amendments. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by the authorized representative of the parties hereto. 21. Nondiscrimination. Contracting Attorney shall not discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the administration or delivery of public defense services. Counsel shall comply with all federal, state, and local non-discrimination requirements. Z2.Physical Office/Communications and Support Staff. The Contracting Attorney will maintain a physical office or have access to an office that accommodates confidential meeting with clients; maintain a postal address and adequate telephone service to ensure prompt response to client contact, and will provide sufficient support staff to provide for effective assistance of counsel. 23. Entire Agreement. This instrument contains the entire Agreement between the parties and may not be enlarged, modified, or altered except in writings signed by the parties. 3+ IN WITNESS December 2022. ADOPTED this have executed this Agreement on the day of day of ber 2021. BOARD OF COUNTY COMMISSIONERS WZTT'TA* C*AWT'{.114 , Chairman Osiadacz, Vice-Chair Cory Wright, Commissioner Page 5 of 6 ATTEST: ,,ilil1 APPROVED AS TO FORM: Douglas R. Mitchell, Deputy Prosecuting Attorney the Board- Julie Kjorsvik rk of the Board- Mandy Buchholz Page 6 of 6 AGREEMENT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT DEFENSE SERVICES (2022\ This agreement is entered into by and between the County of Kittitas (County) and Candy K. Powers (Contracting Attorney, WSBA #06705). 1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, public defender services for all eligible indigent criminal defendants in cases filed in the Superior Court (Coun) as set forth in this agreement. The Contracting Attorney or other assigned counsel shall provide legal representation for each assigned defendant from the time of receiving notice of appointment through every stage of the legal proceedings at the Superior court level including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals. All cases assigned to the Contracting Attorney as of the date of termination of this contract for which the next set hearing date is within 180 days after such date of termination will be handled as set forth above; provided, that in any case where the client fails to appear for a trial or hearing after termination of the contract, the Contracting Attorney may withdraw from representation subject to order of the court and thereafter the Contracting Attorney shall have no obligation herein to represent the client or accept reappointment thereafter. 2, Attorney as Independent Contractor. The parties recognize and affirm the understanding that the Attorney is an independent contractor having no relationship to the County except to provide professional legal defense services to the persons officially assigned to the Attomey pursuant to this Contract. Neither the Attorney nor any employee of the Attorney is an employee of the County. Neither the Attorney nor any employee of the Attomey is entitled to any benefits that the County provides its employees. The Attomey will provide the Court Administrator with proof of a valid Washington Uniform Business Identification number before commencement of work. The Attorney is solely responsible for the timely payment of any taxes, assessments, statutory workers compensation, or employer's liability insurance as required by Federal or state law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment and will indemnify the County in that regard. 3. Applicant Screening. Determination of Indigence for purposes of eligibility for appointed counsel under this contract shall be made by a screening process established by the Court. Counsel is under no obligation to determine a person's eligibility or continuing eligibility to receive publicly provided representation. However, if counsel subsequently discovers that such person may not be eligible to receive publicly-provided representation under applicable laws, rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules/ professional standards, shall promptly notify the appointing court of such possibility. Page 1 of 6 4. Associated Counsel. Any counsel associated with or employed by the Contracting Attomey shall have the authority to perform the services called for herein, and the Contracting Attomey may employ andlor associate counsel to assist him/her. The Contracting Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice of law in the State of Washington and be in good standing as such, shall comply with applicable provisions of CrR 3.1 Standards for Indigent Defense, and shall have a minimum of five years' experience in the criminal law legal field (defense attorney and/or prosecutor and/or judicial). The Contracting Attomey shall be responsible for performance of this Agreement notwithstanding that other counsel may be employed or associated by the Contracting Attorney to perform services herein. The Contracting Attorney shall notify the Court of any proposed association or employment of counsel for purposes of performing the services called herein, and shall include in such notification documentation regarding the background, education, training, experience and qualifications of such counsel, and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Contracting Attomey's selection of any counsel associated with or employed by the attorney to perform the services described in this contract shall be subject to the approval of the Court. 5. Training. Attomeys providing public defense services shall complete seven hours of continuing legal education approved by the Washington State Office of Public Defense within each calendar year in courses relating to their public defense practice. (RCW 10.101.050; CrR 3.1 Standards) Attorneys providing public defense services shall comply with all applicable standards, training and/or certification requirements as may be required by court rule or regulations and shall provide written proof of such compliance to the court. 6. Certification. Attorneys providing public defense services shall comply with the Standards for Indigent Defense adopted by the Supreme Court. Each attomey shall provide a Certification of Compliance with the applicable standards as required by CrR 3.1 which shall be filed with the Superior Court administrator on the last Monday of each January, April, July, and October by the Contracting Attorney and any associated or employed attomey providing legal defense in Superior Court under this agreement. The certification shall also include caseload reporting by the attorney consistent with the requirements imposed upon the County by RCW 10.101.050. 7, Liability of Contracting Parties, Attorney as Independent Contractor. Each party to this agreement shall be responsible for the negligent acts or omissions of its own employees, officers or agents in the performance of this agreement. Neither party shall be considered the agent of the other nor does neither party assume any responsibility to the other party for the consequences of any act or omission of any party, firm or corporation not a party to this agreement. 8. Proof of Professional Liability Insurance. The Contracting Attomey shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the Page 2 of 6 COUNTY should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor or agents of either, while performing under the terms of this contract. During the term of this agreement or extensions thereof, any attorney providing services under this contract shall secure and maintain at her own expense a policy of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. CONTRACTOR shall instruct the insurers to give COUNTY 30-days advance notice of any insurance cancellation. Said policy shall have limits of not less than $100,000 per occumence and $500,000 annual, aggregate limit. 9. Indemnification. The Contracting Attomey shall indemnify, defend and hold the County, its elected officials, officers and employees harmless from any and all claims whatsoever arising out of performance of the Attorney's obligations pursuant to the Agreement, including but not limited to claims arising out of effors or omissions of the contracting Attomey (or his employees or associates) and/or by reason of accident, injury or death caused to persons or property of any kind occurring, except to the extent they are caused by the fault or neglect of the County or the Court. 10. Term of Agreement. Provision of services pursuant to this Agreement shall commence January I,2022 and terminate on December 31,2022, unless this Agreement is terminated earlier pursuant to the provisions of Paragraph 18, and the Contracting Attorney shall provide service to all defendants referred herein in accordance with the terms of this Agreement until representation of such defendant is complete, as provided in Paragraph 1 of this Agreement. This Agreement shall apply to all referrals made through December 31,2022, unless the contract is terminated earlier, in which case the contract shall apply to all refemals made until 5:00 p.m. on the date of termination of the contract. 11. Scope of Work. Over the course of any 365-day period the Contracting Attomey (and any associated or employed counsel) shall handle a caseload of up to, but no more than lL7 felony cases, or an average number of 9.7 5 per month, plus 24 juvenile offender cases in that period, an average of 2 per month. Contracting Attorney shall be responsible to manage case appointments for all attorneys with agreements with the County to provide Superior Court indigent defense services. 12. Compensation. The Contracting Attorney shall be paid as follows: The sum of one hundred twenty seven thousand, five hundred twenty four dollars ($127,524) per year paid in equal monthly installments on the second Monday of the month. . Jury Trial: Shall be paid an additional $375 per diem for jury trial. The Contracting Attomey shall provide invoices to the Court Administrator for all trial per diem pay. Those invoices will be provided within 30 days of the last day of trial. Page 3 of 6 13. Policy as it refers to appointments: At the conclusion of the case the court will automatically withdraw the attorney from the case upon the filing of a notice of appeal or 30 days after the final (appealable) decision of the Court, as the case may be. Attomey does not need to sign a withdrawal. For the purposes of juvenile court proceedings not involving commitment to the custody of the Department of Children, Youth and Families Juvenile Rehabilitation the case is not completed until the conclusion of supervision. 14. Investigators. The Court will set aside sufficient funds out of its public defender budget to fund defense investigators. Public Defenders may file ex parte motions for such investigator funds. 15. Costs. The Contracting Attorney shall receive copies of all pleadings filed in their client's Superior Court case file in the Kittitas County Clerk's Office at no cost to the attorney. The Clerk shall bill those expenses directly to the Superior Court. 16. Experts. The court will set aside sufficient funds for expert defense witnesses. Public Defenders may file ex parte motions for such expert witness funds. 17. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary amount of time and preparation, Counsel may apply to the Court in writing and subject to CRl1A, for such additional compensation as the Court determines to be appropriate. 18. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the contracting attorney. If the Contracting Attomey or any employed or associated attorney is precluded from representing a client because of a conflict which cannot be resolved by transfer of the case between the Contracting Attorney and employed or associated counsel, the attorney shall promptly notify the Court by notice of withdrawal and substitution of another attomey qualified under the terms of Paragraph 4. Conflict counsel shall be paid at the same per case compensation rate as the Contracting Attomey. For the purposes of this provision, a Conflict of Interest requiring any replacement of counsel shall be as defined in the applicable RPCs (Rules of Professional Conduct) promulgated by the Washington Supreme Court. 19. Termination. a. For Cause: Either party may terminate this Agreement immediately in the event the other party fails to perform its obligations as described in this Agreement and such failure has not been corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Compensation for cases assigned prior to the effective day of termination shall be as provided under this Agreement. b. For Reasons Beliond the Parties' Control: Either party may terminate this Agreement immediately without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's control, including but not limited to acts of nature, war, riot, personal disability or superior govemmental regulation or control. Page 4 of 6 c. Without Cause: Either party may terminate this Agreement without cause upon 90 days written notice, which date of termination shall correspond to the last day of a calendar month. The contracting attorney shall be responsible for completion of cases assigned prior to the effective date of termination. 20. Amendments. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by the authorized representative of the parties hereto. 21. Nondiscrimination. Contracting Attomey shall not discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the administration or delivery of public defense services. Counsel shall comply with all federal, state, and local non-discrimination requirements. 22. Physical Office/Communications and Support Staff. The Contracting Attorney will maintain a physical office or have access to an office that accommodates confidential meeting with clients; maintain a postal address and adequate telephone service to ensure prompt response to client contact, and will provide sufficient support staff to provide for effective assistance of counsel. 23. Entire Agreement. This instrument contains the entire Agreement between the parties and may not be enlarged, modified, or altered except in writings signed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the ts:.- day of December 2021. Candy #06705 Contracting Attorney ADOPTED this W1 day of December 2021 BOARD OF COUNTY COMMISSIONERS KfTTITA$ COIJNTY nt #ht rman Osiadacz, Vice-Chair Page 5 of 6 x.. I' )'o ht, Commissioner APPROVED AS TO FORM: Douglas R. Mitchell, Deputy Prosecuting Attorney of the Board- Julie Kjorsvik n Deputy Clerk of the Board- Mandy Buchholz Page 6 of 6