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HomeMy WebLinkAboutMichael Nguyen Indigent Defense Attorney PSA - unsigned v �. AGREEMENT FOR INDIGENT CRINIINAL DEFENSE PERSONAL SERVICES AGREEMENT WHEREAS, the City af Fasco, Washingtnn (hereina$er "City"} provides indigent defense services to individuals who have been certifred for regresentation in criminal charges hefore t�e Pasco Municipat Court{here;nafter"Municipal Court"); ar�d WHEREAS, Michael Anthoni Nguyen (hereinai�er "Attomey") is a licensed attorney in good standing in t6e Statc of Washington who has been selected to perform services to indigent defense clients under contract with t}�e City; and WHEREAS, the City has adopted the Standards for Pub�ic Defense ("Standards") purs�ant to the requirements of RCW l0.1U1.030. NOW,TI-iEREFORE, IN CONSIDERA'I'ION OF TSE 1VIUTUAL COVENANTS CONTAINED HEREYN, it is agreed as follows: 1. Sco e of Services Staudards and Warran . 1.1 The Attarney will be avai'la6'�e an� pmvide on-call indi�eat def� serv�c.es on a mtatianal basis fpr a �eriad of timc �a be datcrmin�d b�, t1�� ��� Defense Contrac�t A.��nia�s�ator, as necessary to fulfill the Standards in his/her case appoinimants in accordance with the Standazds far Indigent DefenSe and Certification and Compliance as approved by the Washington Supremc Court by ets Order of September 7, 2012, faund at CrRL) 3.1, and as may thereafter be amended, including required consnitation wiEh incarccrated and nan-incarcerated defendants. I.2 The Aitarney will be avai�able a�d prqvi�e indigent�cfense serviEces for � aPAoi�tments in accordance with the SEandards far Indigent Defense and Certificafiion and Com�liance as appraved by t}xe Washington Supreme Co�xrt by its Order of September 7, 20I2, fnund at CrRLJ 3.1, and as �nay thereaftcr be amended, including required consultation with incarceratcd and non-incarcerated defendants. 1.3 The Attorney warrants t�ai �elshe is and during the te�m af tbis Agreement,quaii�ed to provide indigent criminal defense as defined by Standard 14; at�d f�rthei'warrants that helshe and every attom�y��ar intem esnployed by the Attorncy to perForm services under this Agreement has read aqc� is fitlly familiar with the pro�lfl� of the Washington Sapreme Caurt Rules and EIZe Standards, �ncluding the q�alifications pravided in Standazd 24, as adopted by �he City; and Wilbur vs. City of 1l�aurrt Yernon, No. CL-1100RSL (December 2033). 1.4 C�liance with these $tandards goes to the. essence af this Agreem�nt The Attomey, and every attorney performing services ander this Agrcement, shall certify Agreement for Indigent Crimiaal Defense- � � �. compliance quarterly with the Ma.u�icipal Court on the form established far that purpose 6y CrRJ 3.1. 1.5 'The �f:toxney v�rill collect �d main#ain aata and r�port to t�e City's Inaigent Defense Contract Administratar without violaring client pr�vileged comtnunicaEions, as follaws: 2.5.1 Mant�ly repart the number of cases assigned during the period and the tisne spent on each case; 1.5.2 Monthly report the dispositian of cases assigned, indica�ng #he number of cases dismissed, tI�e number of cases in which charges were reduced, the number nf cases tried (bench versus jury trials), and the mtmber of cases disposed of by plea; 1.5.3 Monthly report the number of cases in which a motion was brought; 1.5.4 Monthly report the number of cases in which an investigator, interpreter, or other outside assistance,was utilized; I.5.5 Mnnthly regart the number of cases which wcre set for trial but for w�ic�t the defeadant failed to appear; and 1.5.6 Annually report the number an� typ� of all outsidc cases that gre not pursuant to this Agreement, that are taken by Attorney and by any attomey �erforming sesvices under this Agrcement. �.5 At#arneys w�o provi�e ptsblic defeuse services must limit their refiain�d vn'ark ss not ta exceed the casc limits as required by the Standards. ��y l.7 The At�arney furtE�er waxraats. that al! administrative services, com uterized le ���' ���°rt' P gal r�s�arch and systems a�ss�xy to comply with the Standards, is avai�ab�c tn the Attomey, and will fi�rther notify the City im�me�ately if he/st�e is t�aable,or fails, to meet the req�ired Standards, 1.8 The Attorney ag�es to and s�al! r�present�la 1 persans w�om �ttorney� a�_poiated to represent h�reunder with the sa�rie skiil and commitment as Attorney exercises and expends when representing persons on a private and/or retained-fee basis. Withont li�nitation in that reg��, $uch represeatatian s�ould include the investigation of the underlying fact�, the reseazch of all relevant Iaw, interviewing of potential witnesses, re{Nesting and use af investigators and/nr experts when warranted and necessary, review of poteatial im�nigration or civil cammitment cansequences, and the preparation for and appearance on behalf af the cli�r�t in aIl hearings, motians, trials, sentencing, contempt Agreement for Indigcnt Crimanal Dcfense-2 � � proceedings. Potential ipntnigratian Conseq�ences assistance is available from the Washington Defenders Association's Immigration Project The conrt shaIl remove the Attorney as the Attorney of Recard nincty {90) days aftcr: (1) plea of guilty; (2) finding of guilty; or (3} entry of a Deferred Prosecut�on, Stipulated Orcter of Coatinuance pr Defetred Sentence. During the niflety (90) days post-convictian or entry af a Deferred Prosccution, Stipulated Order of Cot�tinuance or Deferred Senteace,the Attomey shall be respansible for assisting his/her client ir� motions to modify ja�l, work crew or l�orne manitoring sentence. If a cEient wishes to file an appeal, the Attorney shall prepare and file any and all pleadings necessary a.nd appropriate to perfect any appeal or stat�atory wri# ta a higher caurt, including the fili�g request fur indigent public counsel. 1.9 The Attarne.y agr�es to meet with�n�ssigned e�ient t�o�iscvss his/her case as soon as reasonabl�r p�ssi'�le fo`Ilcywing Attorn�y's app�mtineat to the case. When Attarney is appoi�ted to an "in custa�y�� case (i.e., a case in which the person is confined/incarcerated}, Attomey shauld use his/her best efforts to me�t within t)tree�3) bnsiness d�ys af Attorney receiving t�ie �rpnin#�ent, or sooner if the circumstances of a particular case reasanab�y require that Attorney make earlier initial contact with the person. I.i 0 The Attomey agre�es to mainisin �reasonabfy aPP��ia�tc ca�c#f C4mmu�cab�wit6 assigned clients so as to keep them fully apprised as to the status of their case (with the specific manner and frequency of such contacticotnmunic�tioas [eft entireiy to Attomey's paofessional judgement}; and Attorney should use hi�her bes� ��a�� � �appr�se the clisnt o� .any nev,, dcvelopment ia their case w�t� three. (3) business �ays of Attornay leaming o�sueh developmcnt (unless the cirewnstances of a particular case reasonably require that Attomey ��� ���f �o��� �� �e person). Without limiting any of tbe foregoing provisions af this Section, witlt regard to any Cour� hearing involving a client, Attomey sE�ould contact such client to discuss the case and the purpose of the hearing na later than one (1} business day prior to the hearing date, Attorney shatl compile and rnaintain appropriate case records for eacl� person whom Attomey is appaintcd to represent hereunder. The manner of storage, �he pornon ar portions of case recards that must bc stored, and the reqtiired period of storage, s�alI comply wit}� any and all applica�le Ru1e of Profesaior�al Conduc�, Wash�ngtan �t�te Bar Ethics Opinion,case law, and court rule, � I.11 Th�Attomey agr�es ta reasonable use o�the City's ct��act�d Spanish �e#�r to communicate with Spanish speaidng c[ients priar to hearings and tr�als. I.1� The Attorney agrees ta meke the san�e ccrtific�rion repc�rf�ng�s yg�q� in.Se�tion 1.3,to the Indigent Defense Contract Ad�ninistrator. Qnarterly Certification of compliance with Standards required by CrR.T 3.1{d}{4). 1.i 3 The A#tn�teY a�� fo provic�e to the Court and to the I�digent D�ease C°�� A�stistor withiu five {S� �ys of signing this Agreement, and to also Agreement for Indigent Cr�minal Dcfense-3 -Y- � provide to each n�w ciient upon case assignment, a Letber o#'�tra�ction tbat identifies Attorney's weekly open affice hours and phoae hours. Further, the Attorney agrecs to reserve time soIely to mect witf� clients under this Agre�t�e�t far a minimtun of four(4) haurs each week and agrees to specify those hours o� said Letter af Introductian. Upon any change in office or phone hours, Attomey shall provide an update to the Court, tlie Indigent De�'e�se Contract Admiaistrator, and a11 active clients, within thirty (30) days of said change. t.i 4 The �ttorne3' �� �, an� shall ta�ke, �1� cslls by a person aa�stetl, ��8e�, an��n-custQdy for misdc�eano�ce�m�nai 7aw vial�on�s�chazged by the City of Pasco d�ring the At#orney's rotational month(s), The At#���y's rotational month{s}shall be assigned by the Indigent Defense Contract Adrainistrator. 2. Comueqsadon. 2.1 The City shall pay ta the Attorney an a mantbly basis, far services rendered under this Agree�nent, two hundred and fourty dollars ($Z40,Qp) � � � dsfined in Section 2.2. In addition, to the per ease payment, Attorney shall receive three huridred dollars {$300.00} per day for eac6 day of trial. Trial does not includc pre-trial mot�ons, sepa�ate sentencing proceedings, or time waiEirig for diSpositipn. The City sE�all pay ta the Attomey, �n a monthly basis, in additian to t6e above campensation, for services rendered under thas agreement, Tfiree Hnndred Dollars and 00/100 ($340.04) for the Attor�ey's rntational on-call month. It is understaod by the parties that the anticipated call volume per inonth st�ould approximate five {S) calls, and in the event call vol�ne exceeds sevan (7) cal[s per month, this compensation amount may be mod'efied by subsequent written agreement signed by both parties. Payments shall be calculated and made on a monthly basis, payable only after City receives and approves invoice from Attomey, who shalI submit invoice for each month after the last ciay af said month. Payment sball be made nat later than thirty (3p) days after the receipt of invaice, subject to appraval afinvoice by City. 2•� Cgse Co�nts. For the purpasc of this Agreement, a"case" is cfefined as t�e filing af a document with the Court naming a person as a def�ndant or respondent to w6ich an attorney is ap�ointed in order to provide representatioq. Included as a single case are multiple citaEians arising out of or related to the same incidet�t or eve�t oect�rring on not more than two separate dates as detennined by the Court at the time of appointrneat, and on amend��n� to such charges including contempt of Coiu�t �r b�iZ jumping far fail�re to appear for trial or hearings. If the appointed attorney is removed froFn the case because of a canflict of interest, then this case wi�l not count as a case for thc plll�]U5C5 of a Case Count. For the purpose of this A eemen seatencing modification requests by the defendant within nine�,{90) days of sent nciug sha�l nat be cat�ted as ari additiona� case. TI�e maximut� cases for which defense Agreement far Indigent CrimiAal Defensc-4 v �1 services sl�all be provided during any 12_month peripd during��te�fl���s Agreement shall be 30D cases as caicnlated and certified by the Attorney in accordance with the Standards. Under no circumstance sha�l caseload exceed 400 cases in any given 12- month period, nor at any time shall Attorney ar ariy a�tomey perform�ng se�yices under this Agreement manage a caselaad, including cases assigned pursuant to this Agreement and taken outside of this Agreement, in excess of the limits set by t4�c Standards ar by other applicable law. Upon adoption of a case weigh4ing criteria by the Suprerne Caurt, P�suant to Standard 3.5, thc City reserves the right to revise the case couat to tnaximum cascs permitted under such scheduic as approved by the Supreme Court and adopted by the City,which adoption shall not affect the terms of thes Agreement. 2•3 Base Compensation. Exccpt as expressly provided ir� 5ec#ion 2.5 belaw, Attorneys sha�l be responsibte for �aying a1l adtninistrative expenses of their office or firm. Such adm�nistrative expcnses may include but nat l�mited to law libraries, financial accaunting, 4ega1 assistance, case maaagement systems, support staff, computers, telepbones and telephonc services, photocopiers, the cost �f al! infrastructure administrative, computerized legal reseazch, support and systems as well as standard overhead services necessary to comply with the established standards is included in the base payment provided in Sectian 2.] above. 2.4 Pa ents in Addition to the Base Com nsatinn. The City shall pay thc fallowing casc expenses vUben rea�ot3ably encurred and appraved by the Municipal Court or Indigent Defense Contract Administrator from funds avai]able for that purpose: 2.4.I Discoverv. Discavery shall be provided in accordance with iar,y and Court Rule by the City Prosecutar. 2.4.2 Prcanthorized Non-Routine Ex enses. Nan-routine case expenses requested by Attarney mast be first autharized by arder of the Municipal Caurt or approval of the Indigent Defense Cantract Adrninistratar. Unless the services aze performed by Al#orney's staff or subcontrac#ors,non-ro�dne expenses incZude,but are not limited to: (�} Medica! and psychia�ic evaluations; {ii} ExpeR witness fees and expeases; (iii) Interpreters far languages not commonly spoke in th� City or interpreters for services other than attorney/client commun;cation; (iv) Forensic and other scicntific tcsts; (v) Investigation expenses; Agreemcnt far Indigent Criminal Dcfense-5 � � {vi) Sociai Workers; (vii) Mitiga�ion Experts; (vii) .Any pt]l0r non-rautine cxpeases the Municipal Court nr �ndigent Defense Contract A�ministrator finds necessary ar�d proper far the investiga#ion, preparatian, and presentation af a case. 2.4.3 La Witness Fees. Lay witness fees and mileage incurred in bringing defense wimesses to Court, but not including salary or expenses of iaw enforcement offcers reauired ta accompany incarcerated witaesses; 2.4.4 Records. Medical, school, birth, DMV, and othcr similaz records, and 911 and emergency cammunication recardings and�ogs. 2.4.5 Process Service. The reasonable cost for the service of a subpaena. 2.4.6 Private Investi ation Services. The Attorney agrees to malce all requests for private investigation services tfl the Indigent Defense Contract Administrator (IDCA). On appropriate cascs, the IDCA will appaint a Private Investigator(Pn to assist the Attorney. Attarney shall provide facts on the case to the PI so he/s�e can provide effective invesiigation services. Attor�ey shall cooperate and cammun;cate W�th the pI. upon final disposition of the case or �pan completion af the requested private investigati�n services whic6ever occur$ first, the Attorney sball within five (5) bejsiness day email norificatioa ,to the IDCA and PI that no fi�rther investigakion is necessary, 2.S Rene adation Due to han e in Rule or Standard, 'I'his Agreement may be renegotiated a� the o�tion of either party if t�e Wash�agton State S�preme Court, t�e Was}ungton State Bar Association, or the City significan�Ey modifies tE�e Standazds far Ind�gent Defense adopted pursuant to Co�rt Order or Ciry Resolution. 2•6 R�• In tt�e event Ehat tbe Attorney is unable to accept an assignment, due to cnnflict or atherwise, the Attarney shall provide immediate natice to t�e Court of the conflict and tt�� Court shall assign the case to Conflict Counsel. In the cye�t �e Attorney is unable to accept �r perform assZgnec{ En�g��t defense cases for more than �ivc pet�cent {S°/a) af thc assigned cases during any 22_month period, the City may terminate this Agreemen�. 3• �'� The term of this Agreement shali be foc 12 months comm��g on the 1 st t1�y af Jaauary �Q?.2 and ending on 31`� day af December.2022 ualess sooner termin�ed as provided in #�,is Agreement. Unless otherwise terminated as provided bclow, this qgreement sha�l automatic b�renewed for an additional twelve (12) month term, The terms and canditions Agrccment for Indigcnt Criminal Defcnse-6 �- 4J of the renewal term shall be identica[ to the ter�s and canditioas of the last ycar of the ariginal term. 3.1 Termination for Caeise. Th�s Agreement may be ternunated by�either party far cause for violatian of any material tenn of this Agreement. Material term sf�all include any violation indicating a failure to provide representation in accardance with the rules of the Court and the ethscal obligateops established by the Washing#o� g�� g� Association; a viotation of the �ta���� violation of Section 5 relating to insarance; convictioo of a criminal chazge; nr a finding that the license af the Attomey, or any attomey provid'eng service ur�der this Agreement, has been suspended or revokec�, Any violation of the other provisions of this Agreement sha�l be subject to curc. Wri�n�otice of Agreement vinlatian shall be provided to the Attamey who shall have ten (lp) business days to corr�ct the violaEion. Failure ta carrecE the violatiar� will give rise to termination for cause at the City's d�scretian. In laeu of terminating this Agreement, t}le City may agrec in writing to alternative cotrcctive measures. 3.2 Termination witho�t Cause. This Agreement may be terminated by either part}► at any time without cause upon ninety (90} days advanced written nQtice � �� flther party. 3.3 Obli ations Survive Terminatian. In the event of ternunation of this Agreement,the following obligations shaEl survive and continue: 3.3.1 R reseatation. In the event this Agreement is terminated, Attorney will continue to regresent clients on assigned cases �ntil a case is cancluded by plea, dismissal, convictioq on the trial oourt �evel, or as otherwise orcferec� by ihe court. Hawever, on cases that have not concluded because the defendant has been on warrant status for ninety (90) consecutive days, t6e case wi[1 be re-assigned to another Attomey e�pon the determinaEian that the defendant still qualifies for indigent defense. In al1 other instances, Attorney shall continue to represent clients unless a motian to withdra"tr and a�po�nt substitate counsel - {acceptable to t�e Cety) is entered on each outstanding ease. Campensatian far substitute cour�se� shall be the responsibility of the Attorney and not the City, and the substituting attorney must agree in v�rrihng to be 6Qund by the applicable ter�ns of this agreement prior to substitutian. 3•3•2 The provisions of Section 1 "Scope of Services, Standards and Wa�Tanty'; and this Section 3.3 shall sunrive termination as ta the Attomey. The City shall recnain bound by the pravisioas af Sect�on 2.5 "Paymct�ts in Addition to the Base Compensatipb�� w,#tl� �s�ect to cases concluded after the terminanfln of this Agreement, 4• Nondiscrimination. Neithcr the Attarney �nr any person acting on bahalf of the Attomey, shall, by reason of race, creed, color, na�ional origin, sex, sexua! arientatian, honarably Agceement for Indigent Critninal Dcfense-7 � tJ discharged doctrine or mi�itary status or the presence of any sensory, mental, or physica[ disability or the use of a trained griide dog or service animal by a person with a disability, discr�minate agait�st any person who is qualifeed arid availa6le to perform the work to which tE�e empioyment relaEes, or in the provision of services under thes Agreement. 5• Ins�rance. Th� Attorney shall grocure aad maintain for the dw�ation of this agreement insurance against claims for injuries to persons Qr ro e � F P nY which may arise from or in connection with the perforntance of work hereunder by the Attarney, ar the agents, representatives, employees,or subcontractors af the Attorney. 5.1 Minimum Sco e of Insurance. Attomey shalt obtain insuranee of t�e types described below: 5•I.l Commercial General Liability insurance shall be wrjtten on ISO occurrence form CG 00 O1 and shall cover liability arising from premises, opera�ions, independent contractors and personal injury a�� ���ms�� inj�u�y. The City shall be namad as an insured under the Attorney's Commercial General Liabilety insurance policy with respect to the work perfarmed for the City. 5.1.2 Workers' Compansat�on coverage as required by the Industrial Insurance laws of the State of Washington, if required by State law. 5.1.3 Professional Liabilitjr insurance appropriate to the Attorney's profession. S.2 Minimum AFnounts of�nsurat�ce. Attamcy shal[ maiptain the go��oWing ir�svrance limits: CammerciaZ General Liability insurance shall be written �,�,�th �imits �fl Iess than: [3{] $1,400,000 aach occurrence; [X] $2,000,000 general aggregate;or � ) �each occurrence; and $�$�nera[aggregate Professional Liability insurance shall be writt$n with limits no less than: [J�C] $1,OU0,000 per claim; �x] $1,000,000 policy aggregate timit; or C � ��per claim; and$�p�r policy aggregate l�mit. 5.3 Otl�er Insurance pro�isians. 7'he insurattce policies are to contain, or be endorsed ta contain, the fol�owing provisions for Automobile Liability, prafessional Liabitity,and Comrnercial General Liabilety insurance: A$rcernent for I�digent Crimina]Defcnsc-8 , �,�. S•3-1 T}�e Attomey's insurancc caverage shall be primaty �nsur�Ce � respect� the Cety. Any i�s�ance, self-insurance, or insurance pooI coverage maintained by the City shal� bs excess af the Attomey's insurance and shall not contrib�ie with it. 5.3.2 The Attomey's insurance shall be enaorsed to state thai coverage sf�all nat be car�cel�ed by either pa.rty, excep� af}er tl��rty {30) days prior written notice by certified mail,re�urn receipt requested,has heen given to the City. 5.4 Acce tabili af Insurers. Insurar�ce is to be placed with insurars with a cuzrent A.M. Best rating of not less than A: yII. 5•5 Verification af Cov�ra e. Attarney shail fiunish the City wit6 ariginal c$rtificates and a copy of the ameadatary endorsements, including but nat necessarily limited to the additiona� insarcd endorsement, evidencing the insw�ance reqwretnents of the Service Provider before commencement of Ehe work. 6• Wark Performed b Attorne . In addition to the responsibiiities mentianed in Section 1 above, the Standards for Indigent Defense (SID} and CertificaEion and Compliance approved by the Washington Supreme Cotert hy its Order of September 7, 2012 fo�d at CrRLJ 3.1, the Attamey shall enm�lete sevea (7} hours of continuing legal education within each calendar yeaz of this Agreetnent in courses rclating to pttblic defense practice iwcl�ding, but not limited to, consequences af the convicqon or adjudication, including possible immigration conseyuences and a possibality of civil cammitment praceedings based upon a crimina! caaviction; statutes, Court Rules, ConstituNonal provisiot�s, and case law retevant to pubIic defense practice; and such other courses and study to maintain the yualification familiarity as reqtiired under Standard 14.1. These seven ('7} hours nf coatinuing legal education shall be of OPD-approved training in accard�nce with RCW 10.101.050. In acidition to complisnce wit[�the Standards, in the performance of work under this Agreement, Attorncy shall comply with all Federal, State and City laws, ordinances, rules and regulatioas which are applicable to Attarney's business, eqnipment, and personne! engagcd in operatians covered by this Agreement or accruing out of the performance af such operat�ons. 7. Work Performed at Attorne 's Risk, Attorney shall be responsible far the safety of its employees, agents, and subconiractors in the performance af work heretuider, and shall take a!1 protections reasonably aecessary for t}�at ptupase. All wark shaIl be done at the Attorney's own risk, and the Attorney sha1l be responsibte for any �oss or damage to ma�rials, tools, or other articles used ar held in connection with the work, Attarney shall afso pay its emplaye�.s all wages, salaries and benefits reqvired 6y law ar�d provide for taxes, withhoiding arid other employment related charges,taxes ar fees in accordance with iav�►a���S rcgulatians. $. Personal ervices No Subcontractin . Tt�is Agreement has been entered into in consideration afthe A�tomey"s part�cul�Ski;�s,qualifications,e�ericnce, and ability ta meet t�e Agreement for Indigcnt Cricninsl Dcfensc-g �i � Standards incorporated in this Agrcemen� Therefore, the Attarney has personally signed this Agreement below ta indicate that bels�e is bound by its terms. This Agresment shall not be suboantracted without the express writ�en consent of the City aad refusal to subcantract may be withheld at the City's sote discretion. An assi �. Y a y gnment af this A eement b t�e pttorney wit��ut the exPress written cansent of the City shal�be void. g• Mfldi�caaon. No waivcr, alteration ar modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the du[y authorized representatives of the City and the Attorney. 10, Eattre A�reemen� The wriEten pravisions in terms of this Agreement, together v�+ith any exhibit attached hereto, sha[1 supersede a!] prior verbal statements of any officer ar other representative af the City, atid such statemeat(s) shall not be effective ar construed as entering into or forming a part of, or altering in any manreer wha�soever,this Agreement. �1• Written NoNce. A11 cammunications regarding this Agreement sha[1 be seat to the parties at the addresses listed below, unless n�tified to the contrary. Any v�,ritten notice herct�nder shatl �ecome eFfect�ve as of the date of mailing by registered or cert'sfied mail, and shall be de�med sufficicntly given if sent to the addressee at the address stated in the Agreement or such flther address as may be l�ercinafter specified in writing: C�' Attornev: Zach Ratkai,Director Michael Anthoni Nguyen Administrative&Comm�nity Services fo�v N. Center ParlcwaY, City of Pasca Kenneurfck, WA 99336 52S North 3'�Ave Michae�Nlaw@gmail.com ���z ����°Y 509-619-8897 1Z. No�awai�er of Breach. The failure of the City to insist upon strict pert'ormance ef a�Y Qf the covenants and agreements contained herein, or to exercise any oPtion herein conferred in one or more instances shall not be constiued to be a waiver or re[inquis�ment of such covenan�,agreemcn�,Qr�ptions, and the sazne shall bc aztd remain in fitll force and effect. 13. Resolutions of Dis utes Govetn;n Law. misiwderstanding or conflict arise as to the ternts ar conditions contained�en this Agreement�, the matter shall be referred to the City Manager, whose decisio�shail be final. Any app��] ���e decision of the City Manager shaq be resolved by arbitration �ursuant ta Cbapter 7.04A RCW, as amended, and the Mandatory.4rbitration Rules (MAR},with both gatfies waiving the right of a jwy trial apon tria] de navo; venue shall be pIaced in Pasco, Franklin Caur�ty� W��n�fln Superior CourE,the laws of the State of Washington shall app�y; apd��p�evailing pariy shall be entitled to its reasonable attomey fecs and cnst as additional awazd and judgment agaans# the ather. Pravided, however, that any complaint regarding any violation of the Standards or which relatc to any manner whatsoever to trial strategy or an ongoing case, shall be rcferred to the Ageemcnt for Indigent Ctiminal Defense- l 0 ���I � � .i dudge of the M�nicipal Court or to the Washingt�n State Bar Association as appropriate. Nothing �erein shall be constived tn obligate, require or permit the City, its officers, agents, or em�loyees to inquire into aziy privileged cammunication betwee� the Attorney and any indigent defendant This Agreement shall be governed by and conshued in accordance with the laws of #he State of Washington and the rules of the Washington Supreme Court as apg�icabEe. IN WITNESS WHEREOF, t�e parties have executed this Agreement on the� aay of ��(,� Q . 20�. CITY: �C' U`S t V ATTORNEY: Zach Ratkai,Director Michael Anthoni Nguyen Administrative&Community Senrices Approved as ta Form: Kerr Ferguson Law,PLLC City Attomey Agreement for lndigent Crimina] Defensc- 11