HomeMy WebLinkAboutAG 18-008RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV:
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• ORIGINATING STAFF PERSON: 1 \I
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.
❑ PUBLIC WORKS CONTRACT
%PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
O REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG#):
❑ OTHER
EXT: aLICYQ 3. DATE REQ. BY:
G., RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
. PROJECT NAMEC
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SIGNATURE NAME: - C C. S.)r TITLE
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: Cir\ 1
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COMPLETION DATE:'4 C. 51 C) 1
• TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $
RETAINAGE: RETAINAGE AMOUNT:
PAID BY: 0 CONTRACTOR 0 CITY
0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
O PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
O PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
FLAW a -t -C I t! d l-
1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
1
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DAT STONED
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❑ LAEPARTMENT
GNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
O ASSIGNED AG#
O SIGNED COPY RETURNED
;OMMENTS:
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DATE SENT: // 0// g -a-r-
CITY OF
'�•... Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
PROFESSIONAL SERVICES AGREEMENT
FOR
CONFLICT PUBLIC DEFENSE ATTORNEY SERVICES
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Law Office of Sheley J.M. Secrest, LLC, a Washington limited liability
company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below
addresses:
LAW OFFICE OF SHELEY SECREST:
Sheley Secrest, Attorney
32418 51st Ave. S.W.
Federal Way, WA 98023
(253) 468-1247 (cell)
sheleysecrest@gmail.com
CITY OF FEDERAL WAY:
Mayor's Office
33325 8a' Ave S
Federal Way, WA 98063-9718
(253) 253-835-2402 (telephone)
(253) 253-835-2409 (facsimile)
The Parties agree as follows:
1. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A," attached
hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for
other similar services within the Puget Sound region in effect at the time those services are performed, performed to the
City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her
designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services
and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited
to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this
Agreement. Services shall be subject, at all times, to observation and inspection by and with approval of the City, but the
making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery.
2. TERM. The term of this Agreement shall commence on January 1, 2018 and shall continue until the completion
of the Services specified in this Agreement, but in any event no later than December 31, 2018 ("Term"). The Agreement
may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. It is the
intent of the City and the Contractor to create and ensure, if possible, continuity for future public defense services for the
City. Therefore, on or before November 15, 2018, the City and Contractor shall meet to mutually explore the extension of
this Agreement upon mutually acceptable terms and conditions. Provided, however, this willingness to discuss extension
of the term of this Agreement and compensation for providing indigent defense services does not constitute a binding
commitment or option to extend the term or revise compensation on part of either the City or the Contractor.
3. TERMINATION.
3.1 Prior to the expiration of the Term, this Agreement may be terminated with just cause by the City or the
Contractor. Just cause shall be defined to mean the failure of either party to perform its obligations as described in this
Agreement, including any violation of the Rules of Professional Conduct (as determined by the Washington State Bar
Association) by any employee or agent of the Contractor, when such failure has not been corrected to the reasonable
satisfaction of the City or Contractor, respectively, in a timely manner after notice of breach has been provided to the
other party. Just cause shall include, and the City may terminate this Agreement immediately, if, as required by this
contract, the Contractor, employee, or designee fails to maintain required insurance policies, breaches confidentiality, or
materially violates Section 12.
CITY OF
"�•..... Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway coat
3.2 In the event of termination or upon completion of the Agreement, the Contractor shall continue to
represent those clients who have already been assigned to the Contractor, including especially those cases currently set for
trial; provided, however, that, after termination or completion of the Agreement, in the event of a conflict or significant
dispute, pursuant to Court rules and the Rules of Professional Conduct, the Contractor may withdraw from a particular
case by either notice of intent and motion to withdraw and by order of the Court; provided further, however, that the
Contractor shall have no further obligation for any representation of indigent defendants beyond three (3) months from the
date of termination, except for cases set for trial where the Court does not allow withdrawal or as otherwise ordered by the
Court. In matters that are post sentencing, however, Contractor shall have no further obligation beyond six (6) weeks after
termination or completion of the Agreement.
4. COMPENSATION.
4.1 Compensation. In return for the Services, the City shall pay the Contractor according to the methods and
rates as delineated in Exhibit "B." The Contractor agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for the term of this Agreement, unless modified in
writing pursuant to the terms of this Agreement. Except as otherwise provided in Exhibit "B," the Contractor shall be
solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred
after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services
for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies, except as
provided in paragraph 3 for cases which the City elects not to dismiss after such non -appropriation and refusal of the
Court to permit withdrawal.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, Contractors, and volunteers harmless from any and
all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
damages, liabilities, taxes, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or
by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives;
arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that
portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that
each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents,
representatives, insurers, Contractors, and volunteers to the extent and on the same terms and conditions as the Contractor
pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually
negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalwsay carr
damages, liabilities, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or by any
and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from,
resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of
the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with
the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for
the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as
follows:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property
damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than
$500,000 for each occurrence and $500,000 general aggregate;
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the
laws of the State of Washington;
c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for
bodily injury, including personal injury or death, and property damage;
d. Professional liability insurance with limits no less than $500,000 per claim and $500,000 policy
aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by
reason of acts, errors or omissions of the Contractor.
6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of
insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference.
At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of
premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to
maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or
upon project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this
Agreement shall be considered confidential. Breach of confidentiality by the Contractor will be grounds for immediate
termination. If the City notifies the Contractor of a public disclosure request, and the Contractor believes records are
exempt from disclosure, it is the Contractor's responsibility to make determination and pursue a lawsuit under RCW
42.56.540 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of
business on the tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary
decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is
deemed to have authorized releasing the record. If the City has notified the Contractor of a public disclosure request, and
the Contractor has not obtained an injunction and served the City with that injunction by the close of business on the tenth
business day after the City sent notice, the City will then disclose the record unless it makes an independent determination
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www dlyoffoderaiway corn
that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would
affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Contractor obligations
under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of
any public disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by
Contractor while performing the Services shall belong to the City. All records submitted by the City to the Contractor will
be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the
City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product
remaining in the possession of Contractor shall be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently
and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting
procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its
authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor
and that the Contractor has the ability to control and direct the performance and details of its work, the City being
interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay
Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which
may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the
safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection
necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor
shall pay all income and other taxes due except as provided in Section 4. Industrial or any other insurance that is
purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the
Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an
independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services
during the Term for other parties; provided, however, that such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in
favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with
any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing,
administration, or evaluating the Contractor's performance.
12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made
possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its
subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any
person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin,
marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona
fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited
to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of
Chapter 49.60 RCW, Title VI or VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of
the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or
regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this
Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements.
13. MATERIALS TO BE PROVIDED. The City shall provide to the Contractor at no cost to the Contractor or the
defendant one (1) copy of all discoverable materials concerning each assigned case, including where relevant, a copy of
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
the abstract of the defendant's driving record, with the exception of audio and video recordings which shall be made
available for inspection in accordance with rules for discovery. A copy of 911 call recordings intended to be introduced at
trial shall be provided by the City upon request. All documents will be delivered to the Contractor's office. The City shall
provide the Contractor with a copy of the City of Federal Way Criminal Code and any amendments thereto adopted
during the term of this Agreement.
14. STANDARDS FOR PUBLIC DEFENSE SERVICES. The Contractor shall comply with the standards for
public defense Services pursuant to chapter 10.101 RCW, the Washington Supreme Court Orders on Public Defense
Standards, and the Case Weighting System adopted by the City Council more specifically described in Exhibit "D." The
Contractor shall certify to the Federal Way Municipal Court that the Contractor is in compliance with such standards.
15 REOPENER. The parties recognize that the Case Weighting System identified in Exhibit "D" may require
adjustment throughout the term of this Contract which may necessitate additional discussions, or in the event that there are
substantial changes to the law or practice of municipal criminal law, which materially affect the Contractor's ability to
provide Services under this Agreement or the reasonableness of the terms of the Agreement, the Parties agree to reopen
negotiations of this Agreement.
16. GENERAL PROVISIONS.
16.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The
respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be
deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is
declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may
be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties.
The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the
Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
16.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other
Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full
force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the
rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest,
heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No
other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein.
16.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with
all applicable federal, state, local, and City laws including, without limitation, all City codes, ordinances, resolutions,
regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective; as well as the
Rules of Professional Conduct adopted by the Washington State Bar Association. If a violation of the City's Ethics
Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this
Agreement may be rendered null and void, at the City's option.
16.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted
in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for
under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
CITY OF
'I � Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederatway corn
available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or
more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately
upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as
a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and
interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,
difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall
be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this
Agreement, each Party shall pay all its legal costs and Contractor's fees and expenses incurred in defending or bringing
such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 5 of this
Agreement.
16.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the
City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together
and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.
The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon
which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution"
hereof.
[Signature page follows]
A. CITY of
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
By:
Jim - , 'ayor
DATE:
/.6'
LAW OFFICE OF SHELEY J.M. SECREST:
Printed Name: Sheley J.M. Secrest, Attorney
DATE: JS( 1 Fj
STATE OF WASHINGTON )
) ss.
COUNTY OF K k )
ATTEST:
ie Courtney, CMC
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
Clerk
On this day personally appeared before me Sheley J.M. Secrest, to me known to be the
of Law Office of Sheley J.M. Secrest that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
GIVEN my '44�iial this day o
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I S‘CITOFY
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffecferalway corn
EXHIBIT "A"
SERVICES
Contractor shall provide the following Services in compliance with Chapter 10.101 RCW and the Rules
of Professional Conduct ("Services"):
1. Scope of Services. The Contractor will provide legal representation on the criminal matters referred for
each of these defendants from appointment through trial, sentencing, and post -conviction review. Cases will be
referred based on a conflict with the primary public defender. Cases will include indigent criminal defendants
who are: (a) determined to be eligible by the Court; and (b) charged with violations of State law or City
ordinances committed within the City of Federal Way as appointed to the Contractor, except as provided in
section 4 of this Exhibit. Contractor shall be responsible for each case from the time of assignment until final
sentencing, dismissal, issuance of mandate at the conclusion of all appeals, or the conclusion of any scheduled
post -sentencing matter, whichever is latest; provided however, that the Contractor shall not be responsible for a
case if required to withdraw by the Rules of Professional Conduct, or if the defendant in a case is determined to
no longer be eligible to receive public defender services. If the matter is resolved through a Pretrial disposition,
such as a Deferred Prosecution per RCW 10.05 or a Stipulated Order of Continuance agreement, then the
Contractor shall be responsible until the court ordered treatment and review hearings have been completed.
The Contractor will provide representation at in -custody hearings to criminal defendants and in -custody
witnesses as appointed. The Contractor will be available to talk and meet with appointed clients in the SCORE
jail, the King County jail, or other facility used by the City within thirty (30) miles of the City of Federal Way.
The Contractor's caseload for Federal Way is set forth in the Case Weighting System in Exhibit "D."
2. Screening. Determination of indigence for eligibility for appointed counsel under this Agreement shall
be determined by an independent screening process established by the City or by the Municipal Court Judge.
Such appointments shall be in accordance with State law. The City shall be responsible for the costs of and
handling the screening process. Should the Contractor determine at any time a defendant is not eligible for
assigned counsel; the Contractor shall so inform the Court and move to withdraw from the case.
3. Case. Case means all charges or allegations arising from the same incident. An individual charged with
several charges arising from one incident would be counted as one incident if written as one or more causes.
Each case that the Contractor is appointed and files a notice of appearance constitutes one "case," regardless of
any subsequent withdrawal and reappointment, for purposes of compensation to be paid to the Contractor
pursuant to Exhibit "B" of this Agreement; except that cases appeared on and then withdrawn from because of a
conflict or because a defendant is found not be indigent are not considered cases.
4. Client Contact. The Contractor will attempt to initiate contact with assigned clients within 24 hours of
assignment. The Contractor will provide their clients with contact information for availability during office
hours. The Contractor will also return client phone calls or other attempts to contact the Contractor within 48
hours, excluding weekends and holidays. Each assigned case should be reviewed and an opportunity to discuss
the case must be provided for each defendant prior to the first post -arraignment appearance in court.
5. Removal. Any violation of the Rules of Professional Conduct, as determined by the Washington State
Bar Association, or failure to certify compliance with the Public Defense Standards by any Contractor employee
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederolway corn
or designee will be cause for removal of that employee or designee from appearance in Federal Way courts
and/or contract termination.
6. Conflicts. Contractor may notify the court and request to be withdrawn from a case where any member
of its firm has a conflict of interest as defined in the Rules of Professional Conduct. The Contractor shall
maintain a written policy explaining how conflict of interest is defined, and identify conflicts as quickly as
possible. A defendant from whom the Contractor withdraws from representation of based on a conflict shall be
referred to the court for reassignment to a conflict attorney at no cost to the Contractor. No payment will be
made to the Contractor for work they performed on cases subsequently identified as conflicts. If a conflict is
created and a conflict attorney is appointed by the Court due to the conduct of the Contractor or designee, then
the Contractor may be billed to reimburse the City the cost expended to provide conflict attorney.
7. Bar Complaints. The Contractor will immediately notify the City in writing when he/she becomes aware
that a complaint has been lodged with the Washington State Bar Association of any attorney who is a member
of the Contractor's staff or working for the Contractor.
8. Associated Counsel. Contractor shall notify the City of any counsel or intern employed or contracted
with by the Contractor. All such counsel or interns shall agree to abide by the standards and terms of this
Agreement. Any counsel employed by the Contractor shall have the authority to perform the Services. The
Contractor may employ outside associated counsel to assist at the Contractor's expense; provided however, that
Contractor agrees to provide a copy of the agreement contained in this Agreement. The Contractor and all
associated counsel hired pursuant to this Section shall be admitted to the practice in the State of Washington
pursuant to the rules of the Supreme Court of the State of Washington. The Parties understand the Contractor
may subcontract for defense arraignment Services for defendants while in custody in the King County Jail,
SCORE jail, or other facility used by the City within thirty (30) miles of the City of Federal Way. Legal interns
may be used only in accordance with Washington State Practice Guidelines and only if properly supervised by
the Contractor.
9. Training. Ongoing professional training is a necessity. Standard 14.1.G of the Washington Supreme
Court Order requires seven hours of continuing legal education within each calendar year in courses relating to
public defense.
clrY of
'4•_.. Federal Way
EXHIBIT "B"
COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
1. Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the
Contractor calculated on the basis of the following fees: The City shall pay Contractor the sum of Two Hundred
Fifty and 00/100 Dollars ($250.00) per case assigned, except cases only involving post -conviction review or
appeal. "Case," as defined in Exhibit "A," Section 3, for which the Contractor is appointed and files a notice of
appearance constitutes one "case," regardless of any subsequent withdrawal and reappointment; except that
causes appeared on and then withdrawn from because of a further conflict or because a defendant is not indigent
are not considered cases. Except for such additional fees set forth specifically below, this fee shall constitute the
total compensation payable by the City for all public defender services provided while Contractor is responsible
for the case. In addition to the $250.00 per case assigned, the City shall pay Contractor Two Hundred Fifty and
00/100 Dollars ($250.00) for each case that proceeds to jury trial and is actually submitted to a jury for
deliberation. In the event Contractor serves as attorney of record for a case appealed post -conviction, the City
shall pay the Contractor Three Hundred and 00/100 Dollars ($300.00) for that post -conviction appeal case and
any cases joined with it, regardless if other fees have been previously paid on the case(s). For cases that have
been assigned to the Contractor for post -conviction review where that the Contractor has not previously been
assigned to the case, the City shall pay the Contractor Sixty -Five and 00/100 Dollars ($65.00) per case. The
City shall pay an extra Fifty and 00/Dollars ($50.00) at the resolution of the first case assigned for the year, if
the Contractor has not been a vendor with the City previously.
2 Reimbursable Expenses. Incidental expenses that are reasonable, customary, and actual and that are
incurred by Contractor in performing non -routine portions of the Services, such as transcription costs and other
reasonable costs, shall be compensated according to invoices; provided, however, that such costs shall be
deemed reasonable in the City's sole discretion or as necessary to provide effective legal representation as
ordered by the court in a reasonable amount, and shall not exceed Two Thousand and no/100 Dollars ($2,000)
per year. Such non -routine portions of the Services do not include the costs of case preparation, tracking, case
analysis, client interviews, legal research, briefing, basic investigation, filing, court appearances, document
preparation or processing, court appearances, case negotiations, administration, or similar services normally
related to legal representation. The City shall reimburse the Contractor for reasonable expert witness or
investigator fees necessary to provide effective legal representation at a reasonable market rate where the court
orders such expert or investigator to be employed upon motion of the Contractor.
3. Method of Payment. The Contractor shall submit to the City an invoice in a form approved by the City.
After filing a Notice of Appearance the Contractor may submit an invoice which includes the name of each
client who has been appointed to the Contractor, the charges, and cause numbers. Payment by the City for the
Services invoiced will only be made after the City has reconciled the invoice. Payment by the City for the
Services will be made only after the Services have been performed, a voucher or invoice is submitted in the
form specified by the City, and the same is approved by the appropriate City representative. Payment shall be
made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. The Contractor shall submit a
separate invoice after a case has been submitted to the jury. The Contractor may submit a monthly invoice with
any billing for appeals, expert and investigator fees, transcription fees, or other reimbursable expenses. If the
Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to
comply with the Agreement. The City may withhold payment for such work until the work meets the
requirements of the Agreement.
4. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any
taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
CITY 0f
�.. Federal Way
EXHIBIT "C"
INSURANCE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederntwrty cont
Contractor's Insurance Certificate attached
CITY OF
'"�.... Federal Way
EXHIBIT D
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wrvw cityoffederalway conn
RESOLUTION NO. 12-624
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Adopting a Case -Weighting System for Public Defense
Standards.
WHEREAS, the Washington Supreme Court issued an Order June 15, 2012 establishing
numeric caseload standards for public defenders; and
WHEREAS, Standard 3.3 provides that the City may implement a case -weighting
system, provided the City Council adopts and publishes it; and
WHEREAS, the case weighting system has been reviewed by public defense attorneys,
municipal court judges, and representatives from the Office of Public Defense.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Case Weighting System. The attached policy and numerical weighting of cases
is adopted.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized
to make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
CITY OF
'�: Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 18TH day of September, 2012.
CITY OF FEDERAL WAY
/S/
MAYOR, SKIP PRIEST
ATTEST:
/S/
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
/S/
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 9/11/2012
PASSED BY THE CITY COUNCIL: 9/18/2012
RESOLUTION NO.: 12-624
CITY of
'�._. Federal Way
CITY OF FEDERAL WAY
PUBLIC DEFENSE STANDARDS
October 1, 2012
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
Policy: Provide high quality public defense services by engaging experienced public defenders.
Definition of a Case: A case is defined as the filing of a document, which may include
multiple citations from the same incident, with the court naming a person as a
defendant or respondent, to which an attorney is appointed in order to provide
representation.'
Definition of Appointment. Appointment of a public defender is defined as
assignment to represent a defendant as a result of indigent screening.
The caseload for attorneys with less than five years misdemeanor and/or gross
misdemeanor experience will be 300 weighted cases per year.2
(300 cases/year - 48 weeks (240 working days) = 6.25 cases/week ± 5 days =
1.25 cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross
misdemeanor criminal experience increase caseload will be increased to a total of 450
weighted cases per year.3
(450 cases/yr - 48 weeks (240 working days) = 9.375 cases/week ± 5 days =
1.875 cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross
misdemeanor coupled with five years felony criminal experience will be increased to a
total of 540 cases per year.4
(540 cases/yr _ 48 weeks (240 working days) = 11.25 cases per week ± 5 days =
2.25 cases/day)
Policy: Provide Public Defenders at the arraignment or first appearances even though the
defendant has not been screened to determine qualifications for indigent defense.
The Municipal Court of Federal Way has a daily in custody calendar, which includes
arraignments/first appearances; and an out of custody arraignment calendar one day per
week, which includes arraignments.5 Through contract negotiations the Primary Public
Defense Firm serves as attorney of the day at all arraignments to provide information
and counsel to all defendants even though they may not be appointed to defend them.
1 Standard 3.3 Definition of a case.
2 Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system.
3 Standard 3.3 Experience is a factor
4 Standard 3.3 Experience is a factor
5 CRLJ 3.1 Right to an attorney in all criminal proceedings
PROFESSIONAL SERVICES AGREEMENT - 14 - Primary Conflict Public Defender
CITY OF
�1�. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffedernlwEay corn
As a result, the City recognizes the additional time, but will not count each matter as a
case because it does not meet the definition of a case per the Supreme Court Order (i.e.
the attorney has not been assigned to the case), and it could be an unconstitutional gift
of public funds for those defendants who are not indigent. However, the City's
calculation of cases under the weighting system identified below will address the
additional time at arraignment by counting, it as five percent (5%) quarterly cases
assigned for the entire firm to be divided.'
Policy: The City will follow the guidelines of the Supreme Court Order and weight
misdemeanor cases.
Stipulated Orders of Continuance (SOC), Deferred Prosecution (DP), Deferred
Sentence (DS), or other alternative disposition weighted 1/3.7
Also, pursuant to the Supreme Court Order the City will count guilty pleas at
arraignment as 1 case, because the Public Defender has been assigned the case.8
Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A.9 The
weighting was provided by the public defenders, reviewed by the Municipal Court
Judges, and presented to Office of Public Defense representatives before
implementation. In the event there are multiple charges for the same incident, the case
will be weighted using the highest weighted charge as the total measure for that case.
The case count for any case that proceeds to trial will convert to one and no longer
count as a fraction.
Policy: The City will continue to utilize alternatives and considers the review/probation
hearings as part of an ongoing case.10
A review/probation hearing will only be counted as a case if the defendant was
previously represented by a different public defense firm." A review/probation hearing
without a new criminal charge under this definition will count as 1/3 of a case.12
A review/probation hearing with a new criminal charge will remain as weighted at the
time of the original assignment and the new charges will be weighted pursuant to
Exhibit A, but only if the new charge is brought in Federal Way Municipal Court.13
6 Standard 3.3 Caseloads should factor in the type of cases and time involved
7 Standard 3.6 (B)(v) Stipulated Order of Continuance, Deferred Prosecution and Deferred Sentence can be
weighted 1/3
8 Standard 3.5 Guilty pleas at arraignment count as one case
9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity
10 Standard 3.6 Cases may be weighted downwards
11 Standard 3.6 Cases may be weighted downwards
12 Standard 3.3 Matters not involving a new criminal charge may be weighted
13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the complexity
PROFESSIONAL SERVICES AGREEMENT - 15 - Primary Conflict Public Defender
CITY OF
'�._.. Federal Way
EXHIBIT 1
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederatway corn
CHARGE
FWRC
WEIGHT
ABANDOING OR DISCARDING
REFRIGERATION EQUIPMENT
6.75.010
2/3
ABANDONMENT OF A DEPENDENT
PERSON IN THE THIRD DEGREE
6.20.010
1
ABANDONMENT OF A DEPENDENT
PERSON IN THE THIRD DEGREE,
Domestic Violence
6.20.010
1
ACTS PROHOBITED BY
PAWNBROKERS AND SECONDHAND
DEALERS
12.15.330
1/2
ACTS PROHIBITED -TOBACCO
6.20.040
1/3
AGGRESSIVE BEGGING
6.35.030
1
AIMING OR DISCHARGE OF A
FIREARM
6.25.010
1
AIRGUN — UNLAWFUL USE
6.25.020
1
ALLOWING A MINOR TO FREQUENT
TRAVEN
6.10.010
1/3
ALLOWING UNAUTHORIZED PERSON
TO DRIVE
8.05.010
1/3
ALTERED SERIAL NUMBERS ON
VEHICLE / WEAPON
6.25.010
1/2
ANIMAL CONTROL VIOLATIONS (City
Complaint)
9.18.100
1
ANIMAL CRUELTY, Abuse
9.18.010
1
ANIMAL CRUELTY, Transporting or
Confining
6.75.030
1
ASSAULT IN THE FOURTH DEGREE
6.35.010
1
ASSAULT IN THE FOURTH DEGREE,
Domestic Violence
6.35.010
1
ATTEMPTED THEFT
6.05.060
1/3
BARRATRY RCW 9.12.010
6.40.010
1/3
BAIL JUMPING
6.50.030
2/3
BOXING, MARTIAL ARTS, WRESTLING
6.55.025
2/3
BUYING,DEMANDING OR PROMISING
REWARD TO PUBLIC OFFICIAL RCW
9.12.020
6.40.010
2/3
CAMPING IN THE PARK
4.05.160
1/3
CANCELLED LICENSE PLATE OR
REGISTRATION
8.05.010
1/3
CARRYING A CONCEALED PISTOL
WITHOUT A LICENSE
6.25.010
2/3
PROFESSIONAL SERVICES AGREEMENT - 16 - Primary Conflict Public Defender
CITY OF
"�•... Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoftederatway conn
CARRYING OR DISPLAY OF WEAPONS
RCW 9.41.270
6.25.010
1/3
COERCION
6.35.010
1
COERCION, Domestic Violence
6.35.010
1
COMMERCIAL LICENSE REQUIRED
8.05.010
1/3
COMMUNICATION WITH MINOR FOR
IMMORAL PURPOSES
6.45.080
1
CONCESSIONS WITHOUT CONTRACT
4.05.180
1/2
CONSPIRACY
6.05.060
2/3
CONTEMPT OF COURT
6.05.050
2/3
CONTRIBUTING TO THE
DELINQUENCY OF A MINOR
6.20.020
1/2
CRIMINAL IMPERSONATION IN THE
FIRST DEGREE RCW 9A.60.040
6.40.010
1
CRIMINAL IMPERSONATION IN THE
SECOND DEGREE 9A.60.045
6.40.010
1
CUSTODIAL INTERFERENCE IN THE
SECOND DEGREE
6.35.050
1
CYBERSTALKING
6.35.010
1
DISORDERLY CONDUCT
6.55.010
1/3
DISORDERLY CONDUCT IN A CITY
PARK
6.55.055
1/3
DISRUPTION OF SCHOOL ACTIVITIES
6.30.040
2/3
DRIVING UNDER THE INFLUENCE OF
INTOXICATING LIQUOR
8.05.010
1
DRIVING WHILE LICENSE SUSPENDED
OR REVOKED 1
8.05.010
1/2
DRIVING WHILE LICENSE SUSPENDED
OR REVOKED 2
8.05.010
1/2
DRIVING WHILE LICENSE SUSPENDED
OR REVOKED 3
8.05.010
1/3
DRIVING WITH ANOTHER STATE'S
LICENSE WHILE SUSPENDED IN
WASHINGTON
RCW 46.20.345
8.05.010
1/3
DRUG LOITERING
6.10.090
1/3
ELECTRONIC BENEFIT CARDS
RCW 74.08.580
6.40.010
1/3
ENCUMBERED, LEASED OR RENTED
PERSONAL PROPERTY RCW 9.45.060
6.40.010
1/3
ESCAPE IN THE THIRD DEGREE
6.50.040
2/3
EXPOSING CHILDREN TO DOMESTIC
VIOLENCE
6.35.070(3)
1
PROFESSIONAL SERVICES AGREEMENT - 17 - Primary Conflict Public Defender
Gull OF
.. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
FAILING TO OBTAIN INITIAL
REGISTRATION
8.05.010
1/3
FAILURE TO DISPERSE
6.55.020
1/3
FAILURE TO GIVE INFORMATION,
RCW 46.61.020
8.05.010
1/3
FAILURE TO OBEY POLICE OFFICERS,
FLAGMAN OR FIRE FIGHTERS 46.61.021
or .22
8.05.010
1/2
FAILURE TO OBTAIN A TEMPORARY
BUSINESS LICENSE
12.25.010 and
7.05.070
2/3
FAILURE TO OBTAIN LICENSE FOR
MASSAGE PRACTITIONERS
6.40.050
2/3
FAILURE TO OBTAIN REGISTRATION
8.05.010
1/3
FAILURE TO TRANSFER TITLE OVER
45 DAYS
8.05.010
1/3
FALSE CERTIFICATION RCW 9A.60.050
6.40.010
1/3
FALSE EVIDENCE OF FINANCIAL
RESPONSIBILITY / INSURANCE CARD
8.05.010
1/3
FALSE REPORTING
6.50.030
1/3
FALSE STATEMENT TO A PUBLIC
SERVANT RCW 9A.76.175
6.50.030
1/3
FORGERY, NONFELONY
6.40.030
1
FRAUD IN ASSIGMENT FOR BENEFIT
OF CREDITORS RCW 9.45.100
6.40.010
1/2
FRAUD OPERATING COIN BOX IN
TELEPHONE OR OTHER RECEPTACLE
RCW 9.26A.120
6.40.010
1/3
FRAUDLENT POSSESSION,
ALTERATION, OR DISPLAY OF A
LICENSE 46.20.092(1)
8.05.010
1/3
FRAUDULENT REMOVAL OF
PROPERTY RCW 9.45.080
6.40.010
1/3
FURNISHING LIQUOR TO A MINOR
6.10.020
2/3
GRAFFITI
6.30.020
1
GRAFFITI TOOLS
6.30.050
2/3
HARASSMENT
6.35.040
1
HARASSMENT, Domestic Violence RCW
9A.46.020
6.35.040
1
HARBORING A MINOR / RUNAWAY
6.20.010
1
HIT AND RUN, ATTENDED VEHICLE
RCW 46.52.020
8.05.010
1
HIT AND RUN, PROPERTY DAMAGE
RCW 46.52.010
8.05.010
2/3
HIT AND RUN, UNATTENDED VEHICLE
8.05.010
2/3
HUFFING
6.10.070
1
IDENTITY THEFT — NON -FELONY
6.40.025
1
PROFESSIONAL SERVICES AGREEMENT - 18 - Primary Conflict Public Defender
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www crtyoffederalwoy corn
IMPERSONATION
6.40.010
1
IMPERSONATION — POLICE OFFICER
6.40.010
1
INDECENT EXPOSURE TO A PERSON
OVER 14
6.45.020
1
INDECENT EXPOSURE TO A PERSON
UNDER 14
6.45.020
1
INTERFERING WITH THE REPORTING
OF DOMESTIC VIOLENCE, Domestic
Violence
6.35.070
1
ID THEFT
6.40.025
1
INTIMIDATING SCHOOL EMPLOYEE
6.75.010
1
ISSUANCE OF CHECKS OR DRAFTS
6.30.010
1
KNOWLINGLY RECEIVING
FRAUDULENT CONVEYANCE RCW
9.45.090
6.40.010
1/3
LEAVING AN UNLOCKED PISTOL IN A
VEHICLE
6.25.010
2/3
LEAVING CHILDERN UNATTENDED IN
PARKED VEHICLE
6.20.030
1
LITTERING IN A PARK
4.05.330
1/3
LITTERING OVER ONE CUBIC FOOT
6.75.020
1/3
LITTERING OVER ONE CUBIC YARD
7.75.020
1/3
MAKING A FALSE STATEMENT TO A
PUBLIC SERVANT RCW 9A.76.175
6.50.030
1/3
MAKING OR HAVING BURGLAR
TOOLS
6.30.030
2/3
MALICIOUS MISCHIEF IN THE THIRD
DEGREE
6.30.020
2/3
MALICIOUS MISCHIEF IN THE THIRD
DEGREE, Domestic Violence
6.30.020
1
MENACING
6.35.020
1
MANUFACTURE OR SALE OF SLUGS
TO BE USED AS COINS
RCW 9.26A.130
6.40.010
2/3
MINOR ATTEMPTING TO PURCHASE
ALCOHOL
6.10.020
2/3
MINOR INTOXICATED IN PUBLIC
6.10.020
1/2
MINOR FREQUENTING TRAVEN
6.10.010
1/2
MINOR IN POSSESSION OF LIQUOR
RCW 66.44.270
6.10.020
2/3
MINOR MISREPRESENTING AGE
6.10.010
2/3
MINOR OPERATING VEHICLE AFTER
ALCOHOL CONSUMPTION ALCOHOL
6.05.010
1
MISTREATMENT IN THE FOURTH
DEGREE
6.20.010
1
MISTREATMENT IN THE FOURTH
DEGREE, Domestic Violence
6.20.010
1
PROFESSIONAL SERVICES AGREEMENT - 19 - Primary Conflict Public Defender
cart of
'�.�.. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
sw w. cliyoffederalway cont
MISUSING OF DEALER PLATES
8.05.010
1/3
MOCK AUCTIONS RCW 9.45.070
6.40.010
1/3
NEGLIGENT DRIVING IN THE FIRST
DEGREE
8.05.010
1
NO VALID OPERATOR'S LICENSE
WITHOUT IDENTIFICATION
8.05.010
1/3
OBSTRUCTING A PUBLIC OFFICER
6.50.010
2/3
OPERATING A VEHICLE WITHOUT
IGNITION INTERLOCK
8.05.010
1/2
PARK AFTER HOURS (City Complaint)
4.05.060
1/3
PATRONIZING A PROSTITUTE
6.45.070
1/3
PARK FIRE
4.05.210
PERMITTING UNUSED EQUIPMENT TO
REMAIN ON PREMISES
19.05.340
1
PHYSICAL CONTROL OF A MOTOR
VEHICLE WHILE UNDER THE
INFLUENCE OF INTOXICATION (under
21 years)
6.15.010
1
PHYSICAL CONTROL
6.15.010
1
PISTOL ALTERING
6.25.010
2/3
PISTOL WITHOUT PERMIT
6.25.010
2/3
PISTOL IN VEHICLE
6.25.010
2/3
POSSESSION OF A LEGEND DRUG
WITHOUT PRESCRIPTION
6.10.030
2/3
POSSESSION OF ANOTHER'S
IDENTIFICATION RCW 9A.56.130
6.40.010
1/3
POSSESSION OF DANGEROUS WEAPON
6.25.010
1
POSSESSION OF DANGEROUS WEAPON
ON SCHOOL PROPERTY
6.25.010
1
POSSESSION OF DRUG
PARAPHERNALIA
6.10.040
1/3
POSSESSION OF EPHREDINE,
PSEUDOPHREDINE,
PHENYLPROPANOLAMINE
6.10.030
1/3
POSSESSION OF FIREARM AT LIQUOR
SALE PREMISES (City Complaint)
6.25.030
1/3
POSSESSION OF MARIJUANA
6.10.030
1/3
PROFESSIONAL SERVICES AGREEMENT - 20 - Primary Conflict Public Defender
CITY OF
4ars.S., Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
ww cityoffederttwy corn
POSSESSION OF PISTOL BY PERSON
AGE 18 TO 21
6.25.010
1/3
POSSESSION OF STOLEN ID
6.40.010
1/3
POSSESSION OF STOLEN PROPERTY IN
THE THIRD DEGREE
6.30.010
2/3
POSSESSION, USE AND DISCHARGE OF
FIREWORKS
12.55.070
1/2
PROSTITUTION
6.45.040
1/3
PUBLIC DISTURBANCE NOISES
7.10.020
1/3
RACING
8.05.010
1
RECKLESS BURNING IN THE SECOND
DEGREE
6.60.010
1
RECKLESS DRIVING RCW 46.61.500
8.05.010
1
RECKLESS ENDANGERMENT
6.35.010
1/3
RECKLESS ENDANGERMENT OF
ROADWAY WORKER
8.05.010
1/3
RECKLESS ENDANGERMENT, Domestic
Violence
6.35.010
1
REFUSAL TO GIVE INFORMATION TO
OR COOPERATE WITH POLICE RCW
46.61.020
8.05.010
1/2
RENDERING CRIMINAL ASSISTANCE
IN THE THIRD DEGREE
6.50.030
1/3
RENDERING CRIMINAL ASSISTANCE
IN THE SECOND DEGREE
6.50.030
1/2
RESISTING ARREST
6.50.030
2/3
RIDING INA PARK
1.10.010
4.05.040
4.05.340
1/3
RIOT
6.55.020
1
STALKING
6.35.040
1
STRANGULATION, Domestic Violence
6.35.070(2)
1
SUSPENSION OF REGISTRATION RCW
46.29.605 (Suspended Plate)
8.05.010
1/3
TAKING , CONCEALING, OR INJURING
A PET ANIMAL
6.75.030
1
TAMPERING WITH EVIDENCE
6.50.030
1
TAMPERING WITH FIRE
6.60.020
1
TAX ON CIGARETTES
6.75.110
2/3
TELEPHONE HARASSMENT
6.35.010
1
TELEPHONE HARASSMENT, Domestic
Violence
6.35.010
1
THEFT IN THE THIRD DEGREE
6.30.010
1/3
PROFESSIONAL SERVICES AGREEMENT - 21 - Primary Conflict Public Defender
CITY OF
4**4* Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederaiway corn
THEFT IN THE THIRD DEGREE,
Domestic Violence
6.30.010
1
THEFT OF MOTOR VEHICLE FUEL
8.05.010
1/2
THEFT OF RENTAL PROPERTY
6.30.010
1/3
THEFT OF SHOPPING CART
6.30.010
1/3
THROWING OBJECTS AT CARS
6.75.050
1.10.010
1/2'
TRANSFER TO MINOR OF
IDENTIFICATION CARD
6.10.010
1/3
TRESPASS (.70) 1=INSIDE BUILDING ;
(.80) 2=ON PREMISES / PROPERTY
6.30.030
1/3
TRESPASS, Domestic Violence
6.30.030
1
UNAUTHORIZED CAMPING IN A PARK
4.05.160
4.05.040
1.10.010
1/3
UNLAWFUL BUS CONDUCT
6.75.010
1/3
UNLAWFUL ISSUANCE OF CHECKS
6.30.010
2/3
UNLAWFUL PRACTICES — OBTAINING
ASSISTANCE — DISPOSAL OF REALTY
RCW 74.08.331
6.40.010
1
UNLAWFUL USE OF DEALER PLATES
8.05.010
1/3
UNLAWFUL USE OF AIR GUN
6.25.020
URINATING IN PUBLIC
6.45.090
1/3
VEHICLE PROWLING IN THE SECOND
DEGREE
6.30.030
1/3
VEHICLE PROWLING TOOLS (City
Complaint)
6.30.060
1/3
VIOLATION OF ANIMAL CONTROL
REGULATIONS
6.30.060
1
VIOLATING A STAY OUT OF AREAS OF
PROSTITUTION ORDER
6.42.110
1/2
VIOLATION OF A CIVIL
ANTIHARASSMENT ORDER & KCSC
VIOLATION OF ORDER FOR
PROTECTION - AH
6.35.060
1
VIOLATION OF A CIVIL
ANTIHARASSMENT ORDER, Domestic
Violence
6.35.060
1
VIOLATION OF A NO CONTACT
ORDER, Domestic Violence
6.35.040
1
VIOLATION OF A NOTICE AND ORDER
TO CORRECT
1.15.040
1*
VIOLATION OF A PROTECTION ORDER,
Domestic Violence
6.35.060
1
VIOLATION OF A RESTRAINING
ORDER
6.35.070
1
VIOLATION OF A RESTRAINING
6.35.070
PROFESSIONAL SERVICES AGREEMENT - 22 - Primary Conflict Public Defender
CITY OF
".- Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalwmy corn
ORDER, Domestic violence
1
VIOLATION OF A VOLUNTARY
CORRECTION AGREEMENT
1.15.050
1*
VIOLATION OF AN ORDER TO CEASE
ACTIVITY
1.15.030
1*
VIOLATION OF LICENSE FOR
BATHHOUSE ATTENDANTS
12.40.070
1*
VIOLATION OF OCCUPATIONAL
DRIVER'S LICENSE
8.05.010
1/3
VIOLATION OF STANDARDS OF
CONDUCT
12.10.220
1
VIOLATION OF THE HOUSING CODE
1.10.010
13.05.070
13.35.010
1*
VIOLATION OF VEHICLE TRIP PERMIT
8.05.010
1/3
VIOLATION OF ZONING CODE
19.05.340
1*
WEAPONS IN COURT
6.25.040
2/3
WEAPONS IN PROHIBITED AREA
6.25.040
2/3
WEAPONS IN SCHOOL
6.25.010
1
PUBLIC DISTURBANCE NOISES
7.10.020
1/3
Any and all misdemeanors not listed above
1/3
Any and all gross misdemeanors not listed
above
1/2
The case count for any case that proceeds to trial will convert to one and no longer count as a
fraction.
*Zoning violations. Defendant will not likely qualify for a public defender.
PROFESSIONAL SERVICES AGREEMENT - 23 - Primary Conflict Public Defender
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1, KIM WYMAN,
A WA LIMITED
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Secretary
CERTIFICATE
LAW
LIABILITY
......,r
STAT
'
of
Secretary
of State of the State
OFFICE OF SHELEY
COMPANY,
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effective
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of State
and custodian of its seal, hereby issue this
SECREST LLC
the date indicated below.
Effective Date: 01/05/2018
UBI Number: 604 206 563
under my hand and the Seal of the State
Washington at Olympia, the. State Capital
,'
a
AN
su —
"
of Washington
OF FORMATION
to
J.M.
on
Given
of
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is:: rsIs
**ow
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Kim k‘ ymait, Secretary of State
Date Issued: 01/05/2018
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18S9
,ALPS
Property & Casualty Insurance Company
HOME OFFICE ADDRESS: PHONE:
111 N. Higgins, Suite 200 (800) 367-2577
Missoula, MT 59802
LAWYERS PROFESSIONAL LIABILITY INSURANCE
POLICY DECLARATIONS
MAILING ADDRESS:
PO Box 9169
Missoula, MT 59807-9169
NOTICE: THE POLICY IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY
FOR A CLAIM WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR
AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE POLICY
CAREFULLY AND DISCUSS THE COVERAGE UNDER THE POLICY WITH YOUR INSURANCE ADVISOR.
POLICY NUMBER:
Item 1 — Named Insured:
Address:
ALPS22490
Law Offices of Sheley J.M. Secrest LLC
32418 51st Avenue SW
Federal Way, WA 98023
Item 2 — Name of Each Insured Attorney:
Secrest, Sheley J.M
Item 3 — Policy Period:
Item 4 — Limit of Liability:
Item 5 — Deductible:
Item 6 — Annual Premium:
Retroactive Date
11/27/2017
Effective Date: 11/27/2017 12:01 AM at the address stated in Item 1.
Expiration Date: 11/27/2018
Loss Inclusion Date: 11/27/2017
$500,000 *Each Claim
$500,000 Aggregate
*This means "all claims arising out of the same, related or continuing professional services."
$5,000 Each Claim
$1,132
Item 7 — Endorsements attached at inception of the policy form: LPL STD (07-14)
Signature Page
WA Amendatory
First Dollar Defense Endorsement
All current and previously submitted application forms delivered to the Company are made a part of the policy. The Named Insured
may obtain a copy of all application forms by submitting a written request to the Company.
Countersigned by:
-61-4-11(4_1'
Authorized Representative
Date: December 15, 2017
ALPS DEC LPL (06-13) Page 1 of 1
A1LJPS
Property & Casualty Insurance Company
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
Named Insured: Law Offices of Sheley J.M. Secrest LLC Policy No. ALPS22490
Effective Date: 11/27/2017
SIGNATURE PAGE
IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and
attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property &
Casualty Insurance Company.
[ [ ]
[David A. Bell, President] [Bradley D. Dantic, Secretary]
ALPS LPL SIG (06-13) Page 1 of 1
1
1
1
CITY OF
Federal Way
33325 8th Avenue South, Federal Way, WA 98003
VNew Vendor Update Form
To add your business to our vendor file, or update information. Please complete this form and mail or fax it to the address/fax number
below.
Business Information (For office use only) VN#:
Business Name: LAO sktthq
SfoR r
i S ik)
Contact Name:
Location Address:
CITY/STATEGNe rja
/LA- Zip CodQa2
Mailing Address (if different):
Phone #:
A.S3) i4log 1 o -f
CITY/STATE Zip Code
Fax #: (DDtc) 7s 1- R°0)(1)-1- E -Mail: 51(f i tts `Cf? etc.rciD Mx; • eat/Li
Business Tyne (Please Check One)
Corporation
Partnership ❑
Government Agency ❑
Non -Profit ❑
Federal ID # (9 digits)
Federal ID # (9 digits)
Federal ID # (9 digits)
Federal ID # (9 digits)
Sole Proprietor e 5 - <, - 7 - 7 - _ _
Federal ID # (9 digits) or Social Security Number
What is the official name registered with the I.R.S. for the above number?
If you are not a corporation, is your Business subject to 1099 reporting?
(Yes ❑ No
State of Washington U.B.I. #
Federal Way Business License #:
Will you provide supplies or services to the City of Federal Way?
City of Federal Way Staff/Department Contact Name:
❑ Supplies
Services
Signature (US Person including a
US resident alien)
Date:
For information call: 253.835.2525 or Fax: 253.835.2509 or E-mail: Accountspayable@cityoffederalway.com
