HomeMy WebLinkAboutTaschner Law, PLLC yi
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT MC Contract#20-Oi22;
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as"COUNTY" and Taschner Law, PLLC, referred to as"CONTRACTOR." COUNTY and
CONTRACTOR are collectively referred to as"Parties"to this CONTRACT. i
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RECITALS:
WHEREAS, COUNTY has a need to procure the services of an individual to serve as a
contracted Public Defense attorney for Mason County District Court; and f
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WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the
aforesaid services. t
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NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
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Special Conditions:
Responsibilities: 11
CONTRACTOR will be responsible for:
1. Providing high quality legal representation of indigent defendants in adult criminal matters in f,
Mason County District Court.
2. Knowing and complying with the standards for indigent defense as detailed in the Supreme
Court of Washington's Order 25700-A-1004. a
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Conclusion of CONTRACT Performance Period: H
At the conclusion of this term, should the contract not be renewed,the following conditions will I
apply:
A. Unless otherwise provided in "B" below, for appointments made through the end of the 1
contract period, additional payment shall be made to CONTRACTOR for time spent following 1
the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a
determination of reasonableness.
B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end 1
of the contract period, or any assigned case that enters warrant status after the conclusion of a
the contract period, shall be reassigned to a new attorney upon the Defendant's next1.
appearance before the Court. 1
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Termination by CONTRACTOR: f
CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice 1
thirty (30) or more days before last day services will be provided.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or 1
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. 1
Performance Period: 1
The performance period for this CONTRACT will start on Jan 1, 2020 and will end on December
31, 2020 or sooner as determined by COUNTY following a thirty (30)day written notice. j
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Service Outside of Performance Period; j
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in I
writing and signed by both parties
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Compensation:
CONTRACTOR will be compensated as detailed in Exhibit B Compensation.
Accounting and Payment for CONTRACTOR Services:
A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit"B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B,"
by documentation of units of work actually performed and amounts earned, including,where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
B. Unless specifically stated in Exhibit"B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit"B."
Taxes:
A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or 1
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
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perform, and in no case more than ten (10) days after it determines to withhold amounts ti
otherwise due. A determination of the Administrative Officer set forth in a notice to the .
. CONTRACTOR of the action required and/or the amount required to cure any alleged failure to i
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause,without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2)to pay
any amount so required to be paid and to charge the same to the account of the g
CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become j
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the 1
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
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Labor Standards: f
CONTRACTOR agrees to comply with all applicable state and federal requirements, including `r
but not limited to those pertaining to payment of wages and working conditions, in accordance 1
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly 1
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic t
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal 1
Secretary of Labor and/or the State of Washington. f
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Independent Contractor:
A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent I
contractor, and nothing herein contained shall be construed to create a relationship of i
employer-employee. All payments made hereunder and ail services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified E
in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but
not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY.
C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves 1
clients other than COUNTY, will report all income and expense accrued under this CONTRACT
to the Internal Revenue Service, and has a tax account with the State of Washington
Department of Revenue for payment of all sales and use and Business and Occupation taxes C
collected by the State of Washington. I
D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
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Assignment and Subcontracting: i
The performance of all activities contemplated by this CONTRACT shall be accomplished by 5
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other f
individual, firm or entity without the express and prior written approval of COUNTY. 4
No Guarantee of Employment:
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The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future. I.
Conflict of Interest: 1
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the j
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an g
informed judgment as to whether or not COUNTY's interest may be compromised in any j
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require s
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
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Non-Discrimination in Employment: j
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of f
employment for all qualified applicants and employees without regard to race, color; creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. 1
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex, i
sexual orientation, age, marital status, disability, or veteran status, except where such i
constitutes a bona fide occupational qualification.
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Non-Discrimination in Client Services: tz
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national B
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or j
business to segregation or separate treatment in any manner related.to his/her/its receipt any 1
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
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Waiver of Noncompetition: z
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or 1
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it f
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain 1
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall Q
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such 5
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents 3
or employees from all loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. j
Right to Review:
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This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of 1
this program by whatever means are deemed expedient by the Administrative Officer or by 1
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but i
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and s
any and all communications with or evaluations by service recipients under this CONTRACT. z
CONTRACTOR shall preserve and maintain all financial records and records relating to the 3
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance 6
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
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Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements i
detailed in "Exhibit C Insurance Requirements." x
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insurance as a Condition of Payment: i
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. t
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
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Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to 1
COUNTY within five (5) days of CONTRACT execution. i
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Industrial Insurance Waiver: 1
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of 1
, the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and c
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is I
mutually negotiated by the parties to this CONTRACT. il
CONTRACTOR Commitments,Warranties and Representations: 1
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options ;
for future acquisition to remain in effect for a fixed period, or warranties. i
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Defense and Indemnity Contract: ,
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A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's t
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3)are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property i
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
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circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act Of other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties. i
B. Participation by County —No Waiver. COUNTY reserves the right, but not the obligation, to I
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all 1
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT. g
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Compliance with Applicable Laws, Rules and Regulations: g.
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
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America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, f
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Administration of Contract: j
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support
Services Director or designee, as COUNTY's representative, hereinafter referred to as the
Administrative Officer, for the purposes of administering the provisions of this CONTRACT, g
including COUNTY's right to receive and act on all reports and documents, and any auditing
performed by the COUNTY related to this CONTRACT. The Administrative Officer is:
Peter Jones
Chief Public Defender
Mason County i
411 N. 5th Street i
Shelton, WA 98584 )
Phone: 360-427-9670 Ext. 280
E-mail: peterjLcr�,co.mason.wa.us 1
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CONTRACTOR's Primary Contact's Information: 1
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&e_ain TAschytur 1
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Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT Notices and other communication may be conducted via e-mail,
U.S mail, fax, hand delivery or other generally accepted manner including delivery services.
Modifications: t
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be k
valid and binding upon either party, shall be in writing and signed by both of the parties,
Termination for Default: i
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A If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or s
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or 4
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT E
until all work called for has been fully performed Any extra cost or damage to COUNTY 1
resulting from such ciefault(s) shall be deducted from any money due or coming due to
CONTRACTOR CONTRACTOR shag! bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
B If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public 1
Convenience paragraph hereof 1
Termination for Public Convenience: t
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COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in 1
its sole discretion. that such ter mir)atron is in the interests of COUNTY. Whenever the f
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and ,
Exhibit B Compensation An equitable adjustment in the CONTRACT price for partially s
completed items of work will be made, but such adjustment shall not include provision for loss of t
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term. whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY r
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Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its i
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that '
are not made in the manner specified and within the time limits stated,the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for(1)any act or failure to act by the Administrative Officer of
COUNTY, or(2)the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting 1
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
A. Other than claims for injunctive relief brought by a party hereto(which may be brought either
in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree.
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
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B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be I
brought within six(6)years after the initial occurrence giving rise to the claim, dispute or issue
for which arbitration is commenced, regardless of the date of discovery or whether the claim, g
dispute or issue was continuing in nature. Claims, disputes or issues arising more than six(6) ,
years prior to a written request or demand for arbitration issued under this Agreement are not 1
subject to arbitration.
Venue and Choice of Law: 1
In the event that any litigation should arise concerning the construction or interpretation of any i
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of (
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of the State of Washington. 1
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Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s)or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end,the terms and conditions of this CONTRACT are declared severable.
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Waiver: t
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior f
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB)circulars and federal and state executive orders and 1
Exhibit D.
B. Exhibit C Insurance Requirements
C. Special Conditions
D. General Conditions
E. Exhibits A and B f
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached 1
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties. n
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as I
of the date and year last written below.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS 1
MASON COUNTY, WASHINGTON
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NAME(Print) . Se e4,C aSC.441;7_ NAM E(Print).„51-0 i 7 Li
Dated: iL/ l/2 1:Q,� Dated: j/2. 0
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CHIEF P 1ENDF
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Dated: 3,:540 — 1
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR's Duties:
A. CONTRACTOR agrees to provide criminal defense representation fo all appointed clients in
a professional, skilled manner, consistent with the Washington State Bar Association Standards,
the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW f
10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason ,
County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and • a
the rights of defendants in criminal cases. l'
B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court @
Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone 1
number that provides an ability to leave a voice message, i.e. voice mail system with adequate
capacity, answering service, or secretarial staff. Lack of a functional communication system is
considered a violation of the terms of this CONTRACT.
C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the R
defendant within a reasonably short time and will maintain client contact, keep the client I
informed of the progress of the case and effectively provide legal advice to the client throughout
the representation.
D. The services of CONTRACTOR shall continue in each assigned case until the case has been
terminated by final judgment, including final rulings on post-trial motions (if any), restitution
hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required,
or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court.
E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public •
Defense prior to 12/31/17.
F. CONTRACTOR agrees to be available to take telephone calls from the jail on new
misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed-
upon schedule with other District Court defense attorneys.
Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: s
A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County
Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half t
contract will be 16.6 unweighted misdemeanor or gross misdemeanor appointments per month a
per CONTRACTOR. Each newly assigned case shall be counted as one case except as
follows: t
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1. Cases which are counted as one-third of a case include: probation violations, reviews,
restitution hearings, modifications of no-contact orders, etc.,that do not require a li
contested hearing, including the same probation violation allegation(s) brought against a
defendant who is on probation for more than one case.
B. In the event the statistics generated in this review do not coincide with CONTRACTOR's
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internal records, CONTRACTOR will provide a detailed list of new monthly appointments
including; case number, defendant's name and date of appointment.
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C. Because case assignment and resolution is not a static process during a year,
CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have g
been assigned under this CONTRACT may total slightly more or less than the contracted
caseload. Such a temporary variance shall not result in alteration of payment owed to
CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments
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for variances not corrected within a reasonable amount of time through natural systemic
adjustments. •
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Monthly Reporting:
CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth
(5th)day of the following month, which shall include the following information for the preceding
month:
A. The number of new case assignments under this CONTRACT.
B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside
this defense contract including but not limited to retained cases of any type).
C. The number and type of other public defense contracts, if any.
D, The amount of time spent practicing law on matters other than servicing this CONTRACT, if
any. • 1
E. Payment for services may be held if the monthly report has not been received by the
fifth (5th) of the month I
Affidavit of Compliance:
CONTRACTOR shall file the required affidavit of compliance with these standards with the
Court on a quarterly basis and provide a copy to the Office of Public Defense.
Client or Third Party Complaints:
CONTRACTOR will respond to complaints regarding his or her performance under this
CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party z.
states he or she continues to have a complaint, the CONTRACTOR.shall provide the client with
contact information for the Office of Public Defense so the client or third party may pursue the
complaint.
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EXHIBIT B
COMPENSATION . l
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Compensation: d
A. Base Compensation-COUNTY shall pay a base compensation of three thousand, three
hundred($3,300) per month which includes funding from the Washington State Office of Public
Defense for the performance of all things necessary for, or incidental to, the performance of the i
work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment
through the County Auditor the last week of each month. CONTRACTOR may request a mid- t
month draw, which will be paid by the County Auditor no earlier than the 15th day of each
month. g
B. Trial/Motion Compensation-except as provided in"D" below, in addition to the base monthly t
base compensation, CONTRACTOR shall be paid $250.00 for the first day of trial and $125.00
for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$150.00 in
addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is I
argued on assigned cases. Trial preparation time and time researching and writing legal
motions are considered part of the base compensation and shall not receive additional
compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, a
PROVIDED, however,that the billing on each trial or motion shall be submitted to the Office of
Public Defense no later than thirty (30) days after the conclusion of the trial or motion.
C. Administrative and Other Costs-the compensation stated above includes administrative costs
associated with providing legal representation. These costs are the responsibility of
CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, f
financial accounting, case management software systems, computers and software, high-speed t
internet access, office space, supplies and other costs necessarily incurred in the day-to-day
management of the CONTRACT.
D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring
exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for
permission for additional compensation. The award and amount of additional compensation is
at the discretion of the Office of Public Defense. Any application for extraordinary compensation
must be made in writing to the Office of Public Defense during the pendency of representation
or within thirty (30) days following the conclusion of the case.
E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases
shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill
COUNTY an hourly rate of$50.00/hour for all work done on those cases following the f
termination of this contract, I
Requests for Payment: i
A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and
e-mail; case name; case number; detail of service provided by date and number of hours for I
hourly charges or number of half or full days for Trial/Motion compensation; total number of I.
hours and/or trial/motion days; invoice total; and any additional applicable information. z
B. Submit via e-mail or hard copy as preferred to: f
Sonya Asche d
is
Mason County Office Public Defense
411 N. 5th Street
Shelton, WA 98584 5
Phone: 360-427-9670 Ext. 589
I
saa@co.mason.wa.us
C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice
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EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
Professional liability (errors &omissions) insurance. CONTRACTOR shall maintain professional
liability insurance that covers the services to be performed in connection with this CONTRACT,
in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception
date, continuity date, or retroactive date must be before the effective date of this agreement and
Consultant agrees to maintain continuous coverage through a period no less than three years
after completion of the services required by this CONTRACT.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
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EXHIBIT D
SUPREME COURT OF WASHINGTON'S Order 25700-A-1004
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