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Home My WebLink AboutAG 20-023 - Goldenwood Law RETURN TO: EXT:. CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Mayor's office _ 2. ORIGINATING STAFF PERSON: Kathy Amdt EXT: 2402 3. DATE REQ.BY:1-22-20 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 4 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:. Public Defense Attorney Services 6. NAME OF CONTRACTOR: Goldenwood Law ADDRESS: 600 S.Michigan Street,Suite C,Seattle,WA 96103 TELEPHONE 206-552-0343 E-MAIL:info@goldenwoodlaw.com FAX:206-934-1132 SIGNATURE NAME: TITLE.Managing Partner 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 1/2/2020 COMPLETION DATE: 12/31/2021 9. TOTAL COMPENSATION$SEE EXHIBIT"B" (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES,$ PAID BY.❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-1100-020-515-91-410 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑❑ PRO ECT MA AGER RECTOR E'.3fjt�_ ❑ RISK MA ' G EMENT (1F APPLICABLE) �Y ❑ LAW C2C. l 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: _ DATE REC'D: ❑ 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/DATE IG ED JLAW—DEPARTMENT rIG!NATORY(MAYOR OR DIRECTOR)Y CLERK r 1 Vit: ❑ ASSIGNED AG# G — ❑ SIGNED COPY RETURNED E SENT: S COMMENTS: 2/2017 CITY OF CITY HALL AN �� v Feder 8th Avenue South Federal Way,lNA 98003-6325 (253) 835-7000 ,vww.cityoffederahvay corn PROFESSIONAL SERVICES AGREEMENT FOR PRIMARY CONFLICT PUBLIC DEFENDER SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation("City"), and GoldenWood, Law, a limited liability partnership in the State of Washington("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: GOLDENWOOD LAW: CITY OF FEDERAL WAY: Norman P. Golden Jim Ferrell 800 S. Michigan Street, Suite C 33325 8th Avenue South Seattle,WA 98108 Federal Way, WA 98003-6325 (206)552-9343 (telephone) (253) 835-2402(telephone) (206) 934-1132 (facsimile) (253) 835-2409 (facsimile) info@goldenwoodlaw.com im.ferrell@cityoffederalway.com The Parties agree as follows: 1. TERM.The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than.December 31,2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, 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 inspection by and 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 Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty(30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement.Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit .B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. 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 of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - l - Rev. 3/2017 C11Y CF CITY HALL Federal Way Feder 8th Avenue South Federal Way,1NA 98003-6325 (253) 835-7000 vAaw chyoffederafway coral 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. 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. 4.3 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. 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, attorneys, 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, attorney'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 acts,errors or omissions of the Contractor in 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, including the duty and cost to defend, 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, attorneys, 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 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, damages, liabilities, losses, fines, fees, penalties expenses, attorney'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: PROFESSIONAL SERVICES AGREEMENT - 2 - Rev.3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyofiederalway_com 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, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 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 $1,000,000 per claim and $2,000,000 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 this 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 with respect to 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 Contractor's insurance. 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 the 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 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 and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records 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 that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product 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 .^SND 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 specified in this Agreement, 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. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 3/2017 CITY OF CITY HALL IWay Feder 8th Avenue South �rpr Federal Way,WA 98003-6325 -n-�- (253) 835-7000 mmv crtyoffedera6my corn 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 that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement 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 Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. 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. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. it. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, 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, the negotiation, drafting, signing,administration of this Agreement, or the evaluation of 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, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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 of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 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 Exhibits to this Agreement conflict with any language 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. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. 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. 13.2 Assignment and Beneliciaries.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 PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 3/2017 CITY {1F 3CITY332 HALL 4! Feder 8th Avenue South Federal Way:WA 98003-0325 Federal Way (253) 835-7000 avww.cityoffederahv,7y torn 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. 13.3 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. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 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 get 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 remcdies 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 the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington.Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney'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; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement.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] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev.3/2017 CITY of CITY HALL Federal 33325 8th Avenue South Federal Way,WA 98003-6325 Way (253) 835-7000 www cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF,—TDERAL WAY: ATTEST: Ji ell, ayor 9te h ie Courtney, CMC, City Clerk DATE: 2 _Y11,2 _ APPROVED AS TO FORM: CaQ a- 2 J. Ryan Call, City Attorney GOLDENWOOD, LAW By: // Printed N4 e: A`D,w, Title: ° f 7� DATE: J,7 2Y Zo 2 V STATE OF WASHINGTON ) ss. COUNTY OF } On this day personally appeared before me (K Ai C yk- , to me known to be the Nle.„ Pj, /,,� of ). - that executed the foregoing instrum t, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this e-)�day ofV ,20,2.99 Notary's signature BARBARA SALINAS Notary's printed name Notary Public Notary Public in and for the State of Washington. State of Washington My commission expires�r i- 2-02- My Appointment Expires Apr 19,2021 PR I A SERVICES AGREEMENT - 6 - Rev. 3/2017 4&6c3'ry Or CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 = (253) 835-7000 www cityoffederelway com EXHIBIT A SERVICES The Contractor shall do or provide the following: 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 j ail,or other facility used by the City within thirty(3 0)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 incourt. 5. Removal, Any violation of the Rules of Professional Conduct, as determined by the Washington State Bar Association,orfailureto certify compliance with the Public Defense Standards by anyContractor employee or designee will be cause for removal of that employee or designee frorn. appearance in Federal Way courts and/or contract termination. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 3/2017 CJTY OF CITY HALL 33325 8th Avenue South =edam &a}.WA 98003-6325 Federal Way f-53% 8315.71000 www otyoffederni wray com 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 C�arxr lam 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. ,A:. l 4� ti 1 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. Trainij2g. 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 relatingto publicdefense. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 Ci Ty CITY HALL d r l Feder 8th Avenue South FederalWay,WA 98003-6325 (253) 835-7000 WMV cdyoffieder alwav com EXHIBIT B COMPENSATION 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 Three Hundred and 00/100 Dollars ($300.00) 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 $300.00 per case assigned, the City shall pay Contractor Three Hundred and 00/100 Dollars ($300.00) 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, the City shall pay the Contractor Three Hundred and 00/100 Dollars ($300.00) for that appealed 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. ,Methwf of �,i)in nensat ion. 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 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 3/2017 CITY OF CITY HALL Feder33325 8th Avenue Suth Federal Way,WA 980o03325 al Way (253) 835-7000 www.cityoffederalway.com requirements of the Agreement. 4. �C oritr actor "ir 1 ,—,,1,. 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. PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 3/2017 CITY OF CITY HALL w M1 �r Feder l A,WA South Federal Way Federal Way.WA 98003-6325 (253 $3�.-7000 wwwd?;a;T ii•.,:, way.cr»n EXHIBIT "C" INSURANCE Contractor's Insurance Certificate attached clrr W_' CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 mm.cityoffedenAvoy.coin EXHIBIT D 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 [7F CITY HALL A�� Fe d e ra I Way Feder 8th Avenue South Federal Way,WA 98043-6325 (253) 835-7000 www.cityoffedemlway.com Sectkm 4. Ratificalion. 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 CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 mvw cityo.ffeder ahvoy cora CITY OF FEDERAL WAY PUBLIC DEFENSE STANDARDS October 1, 2012 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.1 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 CITY CITY HALL AMWI � Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 �vw�v cityoffedenAvoy.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 countin� 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.$ 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 arc multiple charges for the same incident, the ease 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.11 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! 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 clrY o� CITY HALL + 33325 8th Avenue South �"' , Federal Way,WA 98003-6325 (253) 835-7000 www ci yofiedenilwoy.coin EXHIBIT 1 CHARGE FWRC WEIGHT ABANDOING OR DISCARDING 6.75.010 REFRIGERATION EQUIPMENT 2/3 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE 1 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE, 1 Domestic Violence ACTS PROHOBITED BY 12.15.330 PAWNBROKERS AND SECONDHAND DEALERS 1/2 ACTS PROHIBITED-TOBACCO 6.20.040 1/3 AGGRESSIVE BEGGING 6.35.030 1 AIMING OR DISCHARGE OF A 6.25.010 FIREARM 1 AIRGUN—UNLAWFUL USE 6.25.020 1 ALLOWING A MINOR TO FREQUENT 6.10.010 TRAVEN 1/3 ALLOWING UNAUTHORIZED PERSON 8.05.010 TO DRIVE 1/3 ALTERED SERIAL NUMBERS ON 6.25.010 VEHICLE/WEAPON 1/2 ANIMAL CONTROL VIOLATIONS (City 9.18.100 Complaint) 1 1 ANIMAL CRUELTY, Abuse 9.18.010 1 ANIMAL CRUELTY, Transporting or 6.75.030 Confining 1 ASSAULT IN THE FOURTH DEGREE 6.35.010 1 ASSAULT IN THE FOURTH DEGREE, 6.35.010 Domestic Violence 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 8.05.010 REGISTRATION 1/3 CARRYING A CONCEALED PISTOL 6.25.010 WITHOUT A LICENSE 2/3 CITY of CITY HALL �� 33325 8th Avenue South WayFederal Way,WA 98003-6325 (253) 835-7000 �vwvv ciiyL)fferfcr,AvDy corn CARRYING OR DISPLAY OF WEAPONS 6.25.010 RCW 9.41.270 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 6.45.080 IMMORAL PURPOSES 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 6.20.020 DELINQUENCY OF A MINOR 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 6.35.050 SECOND DEGREE 1 CYBERSTALKING 6.35.010 1 DISORDERLY CONDUCT 6.55.010 1/3 DISORDERLY CONDUCT IN A CITY 6.55.055 PARK 1/3 DISRUPTION OF SCHOOL ACTIVITIES 6.30.040 2/3 DRIVING UNDER THE INFLUENCE OF 8.05.010 INTOXICATING LIQUOR 1 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 1 1/2 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 2 1/2 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 3 1/3 DRIVING WITH ANOTHER STATE'S 8.05.010 LICENSE WHILE SUSPENDED IN WASHINGTON RCW 46.20.345 1/3 DRUG LOITERING 6.10.090 1/3 ELECTRONIC BENEFIT CARDS 6.40.010 1/3 RCW 74.08.580 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 6.35.070(3) VIOLENCE 1 qrV OF CITY HAIL AIN 33325 8th Avenue South Federal Way,WA 980038003 Federal Way -6325 (253) 835-7000 sv you cityofle.deriiwny coin FAILING TO OBTAIN INITIAL 8.05.010 REGISTRATION 1/3 FAILURE TO DISPERSE 6.55.020 1/3 FAILURE TO GIVE INFORMATION, 8.05.010 RCW 46.61.020 1/3 FAILURE TO OBEY POLICE OFFICERS, 8.05.010 FLAGMAN OR FIRE FIGHTERS 46.61.021 or .22 1/2 FAILURE TO OBTAIN A TEMPORARY 12.25.010 and BUSINESS LICENSE 7.05.070 2/3 FAILURE TO OBTAIN LICENSE FOR 6.40.050 MASSAGE PRACTITIONERS 2/3 FAILURE TO OBTAIN REGISTRATION 8.05.010 1/3 FAILURE TO TRANSFER TITLE OVER 8.05.010 45 DAYS 1/3 FALSE CERTIFICATION RCW 9A.60.050 6.40.010 1/3 FALSE EVIDENCE OF FINANCIAL 8.05.010 RESPONSIBILITY/ INSURANCE CARD 1/3 FALSE REPORTING 6.50.030 1/3 FALSE STATEMENT TO A PUBLIC 6.50.030 SERVANT RCW 9A.76.175 _ 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, 8.05.010 ALTERATION, OR DISPLAY OF A LICENSE 46.20.092(1) _ 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 6.35.040 9A.46.020 1 HARBORING A MINOR/RUNAWAY 6.20.010 1 HIT AND RUN, ATTENDED VEHICLE 8.05.010 RCW 46.52.020 1 HIT AND RUN, PROPERTY DAMAGE 8.05.010 RCW 46.52.010 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 CITY OF CITY HALL N16' I Feder 8th Avenue South Federal Way,WA 98003-6325 3 (253) 835-7000 mm.cftyoffedei ahmy.cora IMPERSONATION 6.40.010 1 IMPERSONATION—POLICE OFFICER 6.40.010 1 INDECENT EXPOSURE TO A PERSON 6.45.020 OVER 14 1 INDECENT EXPOSURE TO A PERSON 6.45.020 UNDER 14 1 INTERFERING WITH THE REPORTING 6.35.070 OF DOMESTIC VIOLENCE, Domestic Violence 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 6.25.010 VEHICLE 2/3 LEAVING CHILDERN UNATTENDED IN 6.20.030 PARKED VEHICLE 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 6.50.030 PUBLIC SERVANT RCW 9A.76.175 1/3 MAKING OR HAVING BURGLAR 6.30.030 TOOLS 2/3 MALICIOUS MISCHIEF IN THE THIRD 6.30.020 DEGREE 2/3 MALICIOUS MISCHIEF IN THE THIRD 6.30.020 DEGREE, Domestic Violence 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 6.10.020 ALCOHOL 2/3 MINOR INTOXICATED IN PUBLIC 6.10.020 1/2 MINOR FREQUENTING TRAVEN 6.10.010 1/2 MINOR IN POSSESSION OF LIQUOR 6.10.020 RCW 66.44.270 2/3 MINOR MISREPRESENTING AGE 6.10.010 2/3 MINOR OPERATING VEHICLE AFTER 6.05.010 ALCOHOL CONSUMPTION ALCOHOL 1 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE I MISTREATMENT IN THE FOURTH 6.20.010 DEGREE, Domestic Violence 1 CITY OF CITY HALL f Federal 33325 8th Avenue South WayFederal Way,WA 98003-6325 rrro (253) 835-7000 iwv�v citynffederiltvoy coin 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 8.05.010 DEGREE 1 NO VALID OPERATOR'S LICENSE 8.05.010 WITHOUT IDENTIFICATION 1/3 OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3 OPERATING A VEHICLE WITHOUT 8.05.010 IGNITION INTERLOCK 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 19.05.340 REMAIN ON PREMISES 1 PHYSICAL CONTROL OF A MOTOR 6.15.010 VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATION (under 21 years) 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 6.10.030 WITHOUT PRESCRIPTION 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 6.25.010 ON SCHOOL PROPERTY 1 POSSESSION OF DRUG 6.10.040 PARAPHERNALIA 1/3 POSSESSION OF EPHREDINE, 6.10.030 PSEUDOPHREDINE, PHENYLPROPANOLAMINE 1/3 POSSESSION OF FIREARM AT LIQUOR 6.25.030 SALE PREMISES (City Complaint) 1/3 POSSESSION OF MARIJUANA 6.10.030 1/3 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South f=ederal Way.WA 98003-6325 (253) 835-7000 svnvwu crt�,offeLl&rtilwoy.corn POSSESSION OF PISTOL BY PERSON 6.25.010 AGE 18 TO 21 1/3 POSSESSION OF STOLEN ID 6.40.010 1/3 POSSESSION OF STOLEN PROPERTY IN 6.30.010 THE THIRD DEGREE 2/3 POSSESSION, USE AND DISCHARGE OF 12.55.070 FIREWORKS 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 6.60.010 DEGREE 1 RECKLESS DRIVING RCW 46.61.500 8.05.010 1 RECKLESS ENDANGERMENT 6.35.010 1/3 RECKLESS ENDANGERMENT OF 8.05.010 ROADWAY WORKER 1/3 RECKLESS ENDANGERMENT, Domestic 6.35.010 Violence 1 REFUSAL TO GIVE INFORMATION TO 8.05.010 OR COOPERATE WITH POLICE RCW 46.61.020 1/2 RENDERING CRIMINAL ASSISTANCE 6.50.030 IN THE THIRD DEGREE 1/3 RENDERING CRIMINAL ASSISTANCE 6.50.030 IN THE SECOND DEGREE 1/2 RESISTING ARREST 6.50.030 2/3 RIDING IN A 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 8.05.010 46.29.605 (Suspended Plate) 1/3 TAKING , CONCEALING, OR INJURING 6.75.030 A PET ANIMAL 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 6.35.010 Violence I THEFT IN THE THIRD DEGREE 6.30.010 1/3 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-5325 (253) 835-7000 www.cityottedei-alwoy.corn THEFT IN THE THIRD DEGREE, 6.30.010 Domestic Violence 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 6.10.010 IDENTIFICATION CARD 1/3 TRESPASS (.70) 1=INSIDE BUILDING ; 6.30.030 (.80) 2=ON PREMISES /PROPERTY 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 6.30.030 DEGREE 1/3 VEHICLE PROWLING TOOLS (City 6.30.060 Complaint) 1/3 VIOLATION OF ANIMAL CONTROL 6.30.060 REGULATIONS 1 VIOLATING A STAY OUT OF AREAS OF 6.42.110 PROSTITUTION ORDER 1/2 VIOLATION OF A CIVIL 6.35.060 ANTIHARASSMENT ORDER& KCSC VIOLATION OF ORDER FOR PROTECTION - AH 1 VIOLATION OF A CIVIL 6.35.060 ANTIHARASSMENT ORDER, Domestic Violence 1 VIOLATION OF A NO CONTACT 6.35.040 ORDER, Domestic Violence 1 VIOLATION OF A NOTICE AND ORDER 1.15.040 TO CORRECT 1* VIOLATION OF A PROTECTION ORDER, 6.35.060 Domestic Violence 1 VIOLATION OF A RESTRAINING 6.35.070 ORDER 1 VIOLATION OF A RESTRAINING 6.35.070 etrY OF CITY HALL �'�..... Fe a ra I Feder 8th Avenue South Way Federal Way,WA 98003-6325 (253) 835-7000 o,iv vdtyoffedernAvoy.corn ORDER, Domestic violence I VIOLATION OF A VOLUNTARY 1.15.050 CORRECTION AGREEMENT 1 VIOLATION OF AN ORDER TO CEASE 1.15.030 ACTIVITY I VIOLATION OF LICENSE FOR 12.40.070 BATHHOUSE ATTENDANTS 1 VIOLATION OF OCCUPATIONAL 8.05.010 DRIVER'S LICENSE 1/3 VIOLATION OF STANDARDS OF 12.10.220 CONDUCT 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.