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AG 22-115 - STEWART MACNICHOLS HARMELL, INC P.S.
RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: BRIAN DAVIS EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ 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 Defender 6. NAME OF CONTRACTOR: Stewart MacNichols Harmell, Inc. P.S. ADDRESS: 555 west Smtih Street, Ste. 210, Kent, WA 98032 TELEPHONE 253-859-8840 E-MAIL: FAX: SIGNATURE NAME: TITLE 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: 8-18-2022 COMPLETION DATE: 12-31-2024 9. 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: ❑ 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 R PURCHASING: PLEASE CHARGE TO: ok511— Q Ll 1 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 9 LAW JE 811/22 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 SIGNED ❑ LAY DEPARTMENT t I D lD 22 J�oKUNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK qj ❑ ASSIGNED AG# AG# COMMENTS: rip -Ili VA CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE ATTORNEY SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Stewart MacNichols Harmell, Inc., P.S., a Washington professional service corporation ("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: STEWART MACNICHOLS HARMELL, INC., P.S. I CITY OF FEDERAL WAY: Ken Harmell 655 West Smith St, Suite 210 Kent WA, 98032 (253 )859-8840(telephone) (253)859-2213 (facsimile) scoff@sbmhlaw.com The Parties agree as follows: Mayor's Office 33325 8th Ave S Federal Way, WA 98063-9718 (253) 253-835-2402 (telephone) (253) 253-835-2409 (facsimile) .com 1. TERM. The term of this Agreement shall commence on August 18, 2022, and terminate on December 31, 2024 ("Term"). Upon successful performance, this Agreement may be extended for an additional two (2) year term to December 31, 2026, and may be extended for additional periods of time upon the mutual written agreement of the Parties and consistent with -the -City Purchasing Policies: It is -the -intent of - the -Parties -to-create-md-ensurejfpossible, continuity farfatare public defense services for the City. 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 C ity'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 Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 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 adequately represent defendants, willfully disregards the defendant's interests, or fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 11. 3.2 In the event of termination or upon completion of the Agreement, and to the extent the client can be adequately represented, all cases appointed prior to the termination or completion of the Agreement, including those which PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com have not reached a resolution, initial or otherwise, shall be transferred to the new service provider as efficiently and practicably as possible, and within the guidelines and restrictions of the Rules of Professional Conduct. Cases in progress at the Agreement termination or completion which cannot be transferred will be compensated at a rate of one hundred -fifty dollars ($150.00) per attorney houruntil completed ortransferredto the new service provider, whichever is the most efficient and allows for the protection of the rights of the client. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor 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) forthe Term of this Agreement, unless modified in writing pursuantto the terms of this Agreement. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible forthe payment of anytaxes imposed by any lawfuljurisdiction as a result of the performance of Services andpaymentunder this Agreement. 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 the name of each case assigned during that reporting period. Consistent with the terms in Exhibit B, payment shall be made on a monthly basis by the City 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. 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.vfactivn, arbitrations, mediations, proceedings, judgments, amards-,-inluries, 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 competentjurisdiction 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 maybe 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 subcontractors 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, 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. PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 41� CITY OF w� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 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 $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation andemployer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. All employees of Contractor who perform work on the Agreement shall maintain automobile liability insurance covering with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. Contractor agrees not own, hire or lease any motor vehicle unless such vehicle has liability insurance covering 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 insurancewith limits no less than $-21,000,000 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 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 with respect to any event occurring prior to such expiration or termination. 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 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. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF CITY HALL Fe ra y Feder l Avenue South Federal Way, WA 98003-6325 F (253) 835-7000 www cifyoffederalway com [Deleted] 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 maybe 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. Documents protected under attorney -client privilege do not apply. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractorhas 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. 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. (See # 12, "Services') —12—. --E L 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) electronic copy of all discoverable materials concerning each assigned case, including where relevant, a copy of the abstract of the defendant's driving record, 911 call recording, and audio recordings. Video recordings shall be made available for inspection in accordance with rules for discovery. Contractor is responsible for timely receipt of all documents from the Court. All non -electronic documents will be delivered to a designated location at the Federal Way Municipal Court. The City will provide access to virtual court and electronic case documents or materials, as well as any electronic system necessary for performance of the Services as appropriate and as determined by the Parties. At the request of the Contractor, the City will provide one (1) copy of the City of Federal Way Revised Criminal Code and any amendments thereto adopted during the term of this Agreement. The Federal Way Revised Code ("FWRC") is available electronically at: www.codepublisWng.com/WA/FederalWay. The Contractor agrees that it has secured or will secure at the Contractor's own expense, all persons, employees, and equipment required, including but not limited to computers, to perform the services contemplated and or required pursuant to this Agreement. PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crfyofederalway com 14. STANDARDS FOR PUBLIC DEFENSE SERVICES. 14.1 The Contractor shall comply with the standards for public defense services as may be adopted by the City pursuant to Chapter 10.101 RCW and/or the Washington State Supreme Court Public Defense Standards. Both City and Contractor agree to follow policies set forth in the Federal Way Public Defense Standards as currently adopted and as may be amended. As an alternative to the city's case weighting system, Contractor may elect to use a non -weighted caseload of 400 cases per attorney consistent with the Washington State Public Defense Standards. Contractor shall file reports as required by the Washington State Public Defense Standards, with a copy to the City, staling that the Contractor is in compliance with such standards. 14.2. If the City adopts new public defense standards or makes an adjustment to existing City standards, the following shall apply: 14.2.1. Prior to the adoption or adjustment of any standards for public defense services by the City, the Contractor shall be given an opportunity at least thirty (30) days prior to adoption to provide comments and objections for the City's consideration. 14.2.2. The affidavit to the Washington State Office of Public Defense referenced in paragraph 14.1. above shall be submitted within thirty (30) days after the City supplies a copy of such standards to the Contractor once adopted by the City. 15. GENERAL PROVISIONS. 15.1 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 nothe 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, orillegal 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, maybe 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 ambigu ity shall be construed against any Party upon a claim that that Party drafted the ambiguous Language. 15.2 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. 15.3 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 adoptedby the Washington State Bar Association. If a violation ofthe City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement maybe rendered null and void, at the City's option. 15.4 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 maybe 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 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.ci[yo(federafine y.eom 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 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 rightto declare anotherbreachor default. This Agreement shallbe made in, governedby, 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. 15.5 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Fe , Mayor DATE: r! STEWART MACNICHOLS HARMELL, INC, P.S. By: ��A—V—� Printed Name: KF—d`] n i�-,raJ &ELL Title: PAfUKf2 DATE: 30% 2i 2- ATTEST: APPROVED AS TO FORM: ael- csmeg J. Ryan Call, City Xttorney PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY OF Federal Way STATE OF WASHINGTON ) ss. COUNTY OF K.-^ - CITY HALL -OFFICE OF THE MAYOR 33325 811 Avenue South Federal Way, WA 98003-6325 253 835-2402 www.citvoffederalway.com On this day personally appeared before me Kra 4w�,-e\\ , to me known to be the NtVIA-1/" of Stewart MacNichols Harmell, Inc., P.S. that executed the foregoing instrument, 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 myhand and official seal this a day of �-c i-twn6tr 32022. MATTHEW ZENNER tary'S signature Notary Public atary's printed name n ean�for State of Washington No Public in 7the 7State of Washington. Commission # 21027920 My commission expires 6 t4 x My Comm. Expires Sep 26, 2025 EXHIBIT "A" SERVICES Contractor shall provide the following Services, at all times remaining in compliance with Chapter 10.101 RCW, the Rules of Professional Conduct, and Federal Way Revised Code ("FWRC") 2.05.130 through 2.05.220 — Public Defense ("Services"): 1. Scope of Services. Provide legal representation to all indigent criminal defendants who are: (a) determined to be eligible under Section 2 of this Exhibit; and (b) charged with violations of State law or City ordinances committed within the City of Federal Way shall be appointed to the Contractor, except as provided in Section 12 (Conflicts) of this Exhibit. 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. The Contractor will provide representation at in -custody hearings to criminal defendants and in -custody witnesses as appointed. The Contractor will make attorneys available to talk and meetwith appointed clients in the King CountyJail, the City ofKent Corrections Facility,the IssaquahJail, the Puyallup City Jail, SCORE Jail, or other facility used by the City within thirty (30) miles of the City of Federal Way. The Contractor will make attorneys available to talk via telephone or virtually with appointed clients housed in the Yakima County Jail or the Kittitas County Jail. The Services for legal representation for indigent persons arrested in the City will include, but is not limited to, the following: • Providing each client with an introductory letter advising (1) how to contact the appointed attorney, and (2) the client's responsibilities, such as identifying witnesses • Being accessible to clients • Meeting with and counseling clients, including in -custody visits • Reviewing discovery materials • Legal research • Conducting factual investigations • Motions and trial preparation • Preparing pleas and pleadings, including written motions PROFESSIONAL SERVICES AGREEMENT - 7 - Public Defender CITY OF CITY HALL —OFFICE OF THE MAYOR th Federal Way Federal3325 hAv, WA 9 00 Federal Way, WA 98003-6325 253 835-2402 w ww, citvo f{ed era l wa y. co m Attending all hearings at the Federal Way Municipal Court (or virtually), including: • Arraignments • Pretrial Hearings • Motion Hearings • Readiness Hearing • Bench and Jury Trials • Sentencings and Reviews • Handling Appeals • Accommodating language access for clients who primarily communicate in a language other than English using interpreters, Language Line, etc. • Availability for emergency legal counsel on a 24-hour basis by telephone for recently arrested defendants who request to speak with an attorney prior to answering questions or submitting to a breath test • Tracking cases and responding to client inquiries • Other work essential to providing criminal defense including, but not limited to, reviewing recent appellate court decisions concerning criminal law and attending continuing legal education seminars emphasizing criminal defense and trial work 2. Screening. Determinations 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 for conducting the screening process. 3. Case. "Case" means the filing of a document, which may include multiple citations from the same incident, with the court naming a_person as._a_defendant orrespondent, to which_an attorney is appointed in_arderto..provide.representation (City of Federal Way Public Defense Standard Definition). 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 subsequently withdrawn from because of a conflict where the Contractor could have reasonably known or discovered the conflict at the time of the initial conflicts check shall not be treated as a case and the Contractor shall reimburse the city for any payment made. If a defendant appears at arraignment and prosecutor asks the court and the court accepts to amend a driving while license suspended 3rd degree to a no valid operator's license 2°d degree such action shall not be treated and reported as a case pursuant to the City's Case Weighting System, attached as Exhibit D. Contractor agrees to timely file the Notice of Appearance or Notice of Substitution to signify representation on a case. The Contractor, or subcontractor of Contractor, shall also provide criminal defense Services at in -custody and out -of - custody arraignment, bail hearings and shall be available to talk and meet with indigent defendants in King County Jail, the City of Kent Corrections Facility, the Issaquah Jail, the Puyallup City Jail, SCORE Jail, or other facility used by the City within thirty (30) miles of the City of Federal Way, but that such services shall not be counted as a case or a portion thereof under case weighting, unless the public defender is directly appointed at that hearing as a result of case resolution pursuant to the definition of a case above. Such resolution at arraignment shall count for case weighting purposes in accordance with the Washington State Supreme Court Indigent Standards as a one. 4. Client Contact. The Contractor will provide the Court with a letter to be given to eligible clients so the client is aware who the attomey is and what to expect as well as contact information for availability during office hours. This letter will provide information to explain the process and provide frequently asked questions ("FAQs"). This letter will also provide information about the complaint process and the complaint form. The Contractor will also return client phone calls PROFESSIONAL SERVICES AGREEMENT - 8 - Public Defender CITY OF CITY HALL —OFFICE OF THE MAYOR Federal Way 33325 Avenue South Federal Way, WA 98003-6325 253 835-2402 &yrw, cituoffederalwa ycom or other attempts to contact the Contractor within forty-eight (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. The Contractor shall provide to the Federal Way Police Department the telephone number or numbers at which a Contractor can be reached for critical stage advice to defendants during the course of police investigations and/or arrests twenty-four (24) hours each day. 5. Kites/Letters from Defendants In -Custody. With the exception of defendants represented by private or conflict counsel, the Contractor shall review all kites or letters from defendants who are in -custody and take appropriate action to address those kites or letters. 6. Invoicingand Report of Services. The Contractor shall file a monthly invoice and report of services with the City to include each client who has been appointed to the Public Defender, the charges, cause numbers and dispesitie, bench or jury trial, whether an appeal was filed, and upon agreement between the City and Contractor, any other information that may assist the City in evaluating the work performed and the payment to the Contractor. In addition, the invoice and report will include all appeal costs, incidental costs, and expert or investigator fees. The invoice and report are due to the City on or before the fifteenth (15th) day of each month following the end of the month in which the Services were performed. 7. Bar Complaints. The Contractor will immediately notify the City in writing when they become aware that there has been an adverse finding as the result of a complaint that has been lodged with the Washington State Bar Association of any attorney who is a member of the Contractor's staffor working for the Contractor. S. Associated Counsel. Contractor shall notify the City of any counsel employed or contracted with by the Contractor. All such counsel shall agree to abide by the standards and terms ofthis 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 Co-ntractor''s-expense, which- agreement shall include —the requirement to -follow the -standards imd terms-eontained-in-this Agreement. The Contractor and all associated counsel hired pursuant to this Section shall be admitted to 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, the City of Kent Corrections Facility, the Issaquah Jail, the Puyallup Jail, SCORE jail, or other facility used by the City within thirty (30) miles of the City of Federal Way. 9. Staffing. The Contractor will provide a sufficient number of attorneys to adequately staff the City's calendars for two to three daily courtrooms at Federal Way Municipal Court. Staffmg assignments should be sufficient to complete the cases on each calendar within the scheduled time. The Contractor will provide a sufficient number of attorneys for possible appearances at Federal Way Municipal Court, King County Superior Court, the Regional Justice Center, SCORE Video Court, and/or the Washington Appellate Courts and for vacations, illnesses, or other absence of Contractor's attorneys. One attorney shall be designated the Lead Attorney and shall be responsible for contract performance including communication with City administration; for managing coverage of court calendars; and for training, supervision, monitoring, competence, and evaluation of the conduct and of the Contractor's attorneys. The Lead Attorney shall have at least three (3) years of criminal defense experience in the State of Washington, and shall have an active presence in Federal Way Municipal Court on behalf of the defendants. 10. Training, Ongoing professional training is a necessity in order for an attorney to keep abreast of changes and developments in the law and assure continued rendering of competent assistance of counsel. Public defenders should attend training in areas relating to the type of cases adjudicated in the Court at least once per calendaryear, including a minimum of seven hours of continuing legal education annually in areas relating to their criminal defense practice to keep all of its attorneys who perform work under this Contract abreast of developments in relevant law, procedure, and court rules. Contractor shall ensure that all public defenders providing Services pursuant to this Agreement meet the training requirements in the Standards for Indigent Defense, including an orientation and training program for new attorneys that satisfies those standards. PROFESSIONAL SERVICES AGREEMENT - 9 - Public Defender CITY OF CITY HALL —OFFICE OF THE MAYOR Federal Way 33325 811 Avenue South Federal Way, WA 98003-6325 253 835-2402 w~gLfyoffedera1way.coM 11. Removal. Any violation of the Rules of Professional Conduct, as determined by the Washington State Bar Association, by any Contractor employee or designee will be cause for immediate removal of that employee or designee from appearance in Federal Way courts or contract termination, depending on the violation and as determined by the City. 12. Conflicts. Conflicts of interest may arise in numerous situations in the representation of indigent defendants. The Contractor will screen all cases for conflicts upon assignment and throughout the discovery process, and will promptly notify the Court when a conflict is discovered and request to be withdrawn from a case where any member of its firm has a conflict of interest asdefinedinthe Rules ofProfessionalConduct. Adefendant from whom the Contractor withdraws from representation based on a conflict shall be referred to the court for reassignment to a conflict attorney at no cost to the Contractor. Where the Contractor appears and subsequently withdraws from a case because of a conflict and where the Contractor could have reasonably known or discovered the conflict at the time of the initial conflicts check, then the Contractor may be billed shall reimburse the City any fees forthe case that have been paid on the case. 13. Contact Information. Contractor is requiredto have individual electronic mail accounts for each individual attorney assigned to this contract, including any associated counsel or subcontractor. Contractor must also maintain phone numbers so clients and prosecutors may contact them by phone. 14. Contractor's Performance Evaluation. a. The Public Defender will participate in quarterly and annual performance reviews with the Mayor or Mayor's designee. The Public Defender will be held responsible for correcting any performance shortfalls according to the performance standards set forth in this Agreement. b. The performance of the Contractor will be monitored and evaluated for competency and efficiency and compliance with public defender standards. The evaluation of the performance of the Contractor will include monitoring of tinne and caseload information, an evaluation_Qfattorney case activity, and in. court observations. The Mayor will seek input from judges, court staff, and clients. A purpose of the evaluation is to attest to the following goals: • Fair opportunity for defendant to respond to charges, including timely and appropriate representation ■ Percentage of clients contacted pursuant to Section 4 above — Client Contact • Percentage of public defender cases where there have been no final findings of ineffective assistance • Number of adverse findings by the WSBA concerning services provided by the Contractor ■ Number of Continuing Legal Education hours completed in areas relating to the type of cases adjudicated in the Court • Efficient and effective management of court calendars, including reducing subsequent court appearances • The number of subsequent court appearances due to conflict of interest • Average Monthly cases, Average Monthly cases closed PROFESSIONAL SERVICES AGREEMENT - 10 - Public Defender CITY OF CITY HALL -OFFICE OF THE MAYOR Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 253 835-2402 www.c%1gffedera1wa y,coM EXHIBIT "B" COMPENSATION 1. Compensation. In consideration of the Contractor providing the Services authorized in Section 2 of the Agreement and described in Exhibit A of the Agreement during the term of the Agreement, the Contractor will be compensated as set forth below. 1.1 Case Compensation. Beginning August 18, 2022, the City shall pay a monthly flat fee of Forty Thousand and no/100 Dollars ($40,000.00) after receipt and approval by the appropriate City representative of the invoice. After the first 100 cases appointed each month, each additional appointed case will be billed at Four Hundred and no/100 Dollars ($400.00) per case. In determining the first 100 appointed cases in any given month, newly appointed cases in pretrial status shall be counted before appointed cases in post -conviction review status. Contractor agrees not to seek payment from the City for any case that as the result of a conflict at the time of appointment requires a conflict attorney to be appointed. Where Contractor receives payment for a case and it is later determined that there was a conflict that Contractor should reasonably have known of at the time of payment contractor shall reimburse City for the amounts paid. City shall pay Contractor a pro -rated flat fee of $18,000 and $400 per case after the first 50 cases for the month of August 2022. For cases appointed to the Contractor for post -conviction review where that Contractor has not previously been assigned to the case, the City shall pay the Contractor One Hundred Thirty and no/l 00 Dollars ($130.00) per case. Additional charges beyond the monthly flat fee (plus additional fees for appointed cases above 100) shall be submitted by invoice for review and approval by the appropriate City representative and shall be payable, if approved, within 60 days after receipt by the City. 1.2 Appeal Compensation. The City shall pay the Contractor One Thousand and no/100 Dollars ($1,000.00) per case appealed for all appellate services. In addition, the City will pay Contractorfor the cost of transcription. Payment forthe appeal shallbe made afterthe briefis filed with the court. Reimbursement will be paid when the invoice is submitted. 1.3 Reimbursable Expenses —Expert Witness, Investigators, and Other Extraordinary Costs. The City shall reimburse the Contractor for reasonable expert witness, investigator and/or interpreter fees necessary to provide effective legal representation at a reasonable market rate where the court orders such expert, investigator or interpreterto be employed upon motion of the Contractor. Other reasonable costs consistent with State v. A.N.J., 168 Wn.2nd 91 (2010), will be paid by the City, including costs and charges associated with Contractor obtaining records necessary forthe defense of indigent clients and costs associated with use of an interpreter or the language line. Additional extraordinary expenses may be submitted in writing to the court for consideration and where approved by the court the City shall reimburse to Contractor for these costs and/or fees. 2. Method of Payment. The Contractor shall submit a monthly report pursuant to in Section 6 of Exhibit A of this Agreement and shall submit to the City an invoice with all appeal costs, expert or investigator fees. The invoice and report of the services will be submitted to the City by the fifteenth (151h) day of the month following the month in which Services were provided. Payment shall be made thirty (30) days after receipt of such report and invoice. If the Contractor fails to submit by the fifteenth (151h) day ofthe month, the City may pay Contractor within 60 days ofreceipt. 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. 3. Contractor Responsible for Taxes. The Contractor shall be solely responsible forthe payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 11 - Public Defender CITY OF CITY HALL —OFFICE OF THE MAYOR << A44%, 33325 Federal Way Feder l Avenue South - Federal Way, WA 98003-6325 253 835-2402 www. cityoffederalwa v.com EXHIBIT "C" INSURANCE (Attach Contractor's Insurance Certificate as Exhibit "C") PROFESSIONAL SERVICES AGREEMENT - 12 - Public Defender CITY OF CITY HALL —OFFICE OF THE MAYOR r Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 253 835-2402 www.cltyoffederalway.com EXHIBIT "D" CASE WEIGHTING CITY OF FEDERAL WAY PUBLIC DEFENSE STANDARDS 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 peryear.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. 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 1 Standard 3.3 Definition of a case. Standard 3.4 Three hundred misdemeanorca ses per year if adoptweighting 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 - 13 - Public Defender CITY OF CITY HALL -OFFICE OF THE MAYOR Federal Way 333258"'Avenue South Federal Way, WA 98003-6325 253 835-2402 www.citvoffedera]WgX.com arraignment by counting it as five percent (5%) quarterly cases assigned for the entire firm to be divided.6 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 Attachment 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.11. A review/probation hearing without anew 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 arlinal assignment and the new charges will be weighted pursuant to Attachment A, but only if the new charge is brought in Federal Way Municipal Court.11 Standard 3.3 Caseloads should factorin the type of cases and time involved ' 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 maybe weighted upwards or downwards depending upon complexity 10 Standard 3.6 Cases maybe weighted downwards "Standard 3.6 Cases maybe 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 - 14 - Public Defender 1% CITY OF ,� Federal Way CITY HALL -OFFICE OF THE MAYOR 33325 8th Avenue South Federal Way, WA 98003-6325 253 835-2402 www. cifvoffederaJwa v.com ATTACHMENT A CASE WEIGHTING FOR SPECIFIC CRIMINAL CASES CHARGE FWRC WEIGHT ABANDONING OR DISCARDING 6.75.010 REFRIGERATION EQUIPMENT 2/3 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE I ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE, 1 Domestic Violence ACTS PROHIBITED BY PAWNBROKERS 12.15.330 AND SECONDHAND DEALERS 1/2 ACTS PROHIBITED -TOBACCO 6.20.040 1/3 AGGRESSIVE BEGGING 6.35.030 1 AIMING OR DISCHARGING OF 6.25.010 FIREARMS I AIRGUN —UNLAWFUL USE 6.25.020 1 ALLOWING A MINOR TO FREQUENT 6.10.010 TAVERN 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 ANIMAL CRUELTY, Abuse 9.18.010 1 ANIMAL CRUELTY, Transporting or 6.75.030 Confining I ASSAULT IN THE FOURTH DEGREE 6.35.010 1 ASSAULT IN THE FOURTH DEGREE, 6.35.010 Domestic Violence I 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 1 1 2/3 PROFESSIONAL SERVICES AGREEMENT - 15 - Public Defender CITY OF Federal Way CITY HALL —OFFICE OF THE MAYOR 33325 81h Avenue South Federal Way, WA 98003-6325 253 835-2402 wwwxWoffederalway. com 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 I 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 8.65.010 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 FAILING TO OBTAIN INITIAL 8.05.010 REGISTRATION 1/3 PROFESSIONAL SERVICES AGREEMENT - 16 - Public Defender CITY OF Federal Way CITY HALL —OFFICE OF THE MAYOR 33325 811 Avenue South Federal Way, WA 98003-6325 253 835-2402 www.citvcffederiglway.com 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 - 17 - Public Defender lkCITY OF Federal Way CITY HALL—OFFICEOFTHE MAYOR 33325 81h Avenue South Federal Way, WA 98003-6325 253 835-2402 www, cihroffederafway.com 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 6.05.010 1 MISTREATMENT IN THE FOURTH 6.20.010 PROFESSIONAL SERVICES AGREEMENT - 18 - Public Defender w4k., Federal Way CITY HALL —OFFICE OF THE MAYOR 33325 8th Avenue South Federal Way, WA 98003-6325 253 835-2402 www.6wofl`ederafwa y. corn DEGREE 1 MISTREATMENT IN THE FOURTH DEGREE, Domestic Violence 6.20.010 1 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 ears) 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 POSSESSION OF PISTOL BY PERSON AGE 18TO21 6.25.010 1/3 POSSESSION OF STOLEN ID 6.40.010 1/3 POSSESSION OF STOLEN PROPERTY IN 6.30.010 PROFESSIONAL SERVICES AGREEMENT - 19 - Public Defender cITY of Federal Way CITY HALL —OFFICE OF THE MAYOR 33325 811 Avenue South Federal Way, WA 98003-6325 253 835-2402 ww.cr oflederalwa .co THE THIRD DEGREE 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 I 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 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 46.29.605 (Suspended Plate) 8.05.010 1/3 TAKING, CONCEALING, OR INJURING A PET ANIMAL 6.75.030 I 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 I THEFT IN THE THIRD DEGREE 6.30.010 1/3 THEFT IN THE THIRD DEGREE, Domestic Violence 6.30.010 I 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 PROFESSIONAL SERVICES AGREEMENT - 20 - Public Defender CITY OF Federal Way CITY HALL —OFFICE OF THE MAYOR 33325 811 Avenue South Federal Way, WA 98003-6325 253 835-2402 w_W_ y.ciiyoffederalway.cam 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 I 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 ORDER, Domestic violence 1 VIOLATION OF A VOLUNTARY 1.15.050 CORRECTION AGREEMENT 1 PROFESSIONAL SERVICES AGREEMENT - 21 - Public Defender CITY OF Federal Way CITY HALL —OFFICE OF THE MAYOR 33325 81h Avenue South Federal Way, WA 98003-6325 253 835-2402 www.ofhloffederalway.com 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 cour *Zoning violations. Defendant will not likely qualify for a public defender. PROFESSIONAL SERVICES AGREEMENT - 22 - Public Defender 10/10/22, 11:51 AM Corporations and Charities System BUSINESS INFORMATION Business Name: STEWART MACNICHOLS HARMELL, INC., P.S. UBI Number: 601 591 851 Business Type: WA PROFESSIONAL SERVICE CORPORATION Business Status: ACTIVE Principal Office Street Address: 655 W SMITH ST #210, KENT, WA, 98032, UNITED STATES Principal Office Mailing Address: 655 W SMITH ST STE 210, KENT, WA, 98032-4477, UNITED STATES Expiration Date: 12/31/2022 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 12/15/1994 Period of Duration: PERPETUAL Inactive Date: iNaiure of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES, LAW FIRM REGISTERED AGENT INFORMATION Registered Agent Name: KEN HARMELL Street Address: 655 WEST SMITH ST STE 210, KENT, WA, 98032-0000, UNITED STATES Mailing Address: 655 WEST SMITH ST STE 210, KENT, WA, 98032-0000, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL KEN HARMELL GOVERNOR INDIVIDUAL JEFF MACNICHOLS GOVERNOR INDIVIDUAL SCOTT STEWART https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/1 A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/1012022 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moranco $ Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9631 N. Nevada St, #309 ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. Spokane, WA 99218 509 3 4-0640 INSURED Stewart MacNichols Harmell, Inc. P.S. 655 W. Smith St., Ste 210 Kent, WA 98032 COVERAi;FS INSURERS AFFORDING COVERAGE INSURER;, AAs Insurance Company i INSURER C. INSURER D. NAIC # I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTAND)NG ANY REQUIREMENT, TERM OR CON131TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL T14 E TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - 1NSR IIDD'U PA K:Y EFFECTME^POLICY EXPiRRT1Oti i� LIMITS POLICY NUMBER GENERAL LABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY f _ FS (Ea acaralleel CLAIMS MADE C OCCUR MED EXP (A one person) I S PERSONAL 6 ADY INJURY_ S GENERAL A03REGATE S GEN'LAC OgTELIMITAPPLIESPER: PROOUCTS-COMPIOPAGO 1 S POLICY I LOC AIRaMOW-E LIABILITY I COMBINED SINGLE LIMIT ANY AUTO (Ea accident)S I ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pa Pe—) $ HIRED AUTOS - -- - BODILY INJURY S I NON -OWNED AUTOS (Per accident) — � PROPOM DAMAGE S — }� _ — — — e lPar.acadel� — GARAGE LIABILITY I- AUTO ONLY . EA ACCIDENT — ANYALTO I OTHER THAN EAAC: S AUTO ONLY: AG5' S EXCESS n UMBRELLA LIABILITY EACH OCCURREFI E is 11 I OCCUR -VS MADE . _A_GGRE�GATE I`i S s I DEDUCTIBLE Is f 5 RETENTION S WORKERS COMPENSATION WC STAT U, � .I AND EMPLOYERS UAMLITY 1 I.� `I'm YIN ANY PROPRIETORIPARTNERIEXECUTWE f EL EACHACCiDENT I. S OFFICERIMEMBER EXCLUDED? ❑ IMandatory In NH) E L. DISEASE - EA tFiPL S M yyes, dascfte wer e — - SPECIAL PROVISIONS I&dpw E L DISEASE - PDLICY i urr S O1HER $1.000,000 — Per Claim Lawyers Professional #652396547 01/01/22 01/01/23 $2,000,000 — Aggregate Liability Insurance $10,000 — Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VENWAM I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ►,Zrc I irK A I IZ r1ULUtK CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION City of Federal Way DATE THEREOF, THE ISSUING INSURER IIIIIL.L ENDEAVOR TO MAIL 30 DAYS WRITTEN 33325 8th Ave S. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Federal Way, WA 98203 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Pam Jones; Executive Assistant to the Mayor REPRESDITA71VE5_ AUTHORIZEQ REPR 9 ^In rr 1' VE ACORD 25 (208101) © 8-20D9 A The ACORD name and logo are registered marks of ACORD � V- . l W L CORPORATION. hff rig t5 reserved. 10/14/22, 8:47 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: STEWART MACNICHOLS HARMELL, INC., P.S. Business STEWART MACNICHOLS & HARMELL INC PS name: Entity type: Professional Service Corporation UBI #: 601-591-851 Business I D: 001 Location ID: 0002 Location: Active Location address: 5400 CARILLON PT # 403 KIRKLAND WA 98033-7357 Mailing address: 5400 CARILLON PT # 403 KIRKLAND WA 98033-7357 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held a License # Count De v s Status https://secure.dor.wa.govigteunauth/_/#5 New search Back to results I Expiratioi First issua 1/3 10/14/22, 8:47 AM Washington State Department of Revenue Endorsements held a License # Count Details Status Federal Way General Business - Non -Resident Kirkland General BUS2908( Business I SeaTac General Business - Non - Resident Active Active Active Expiratioi First issua I 1 Oct-31-2( Oct-10-2( Dec-31-2i Nov-19-2 i Dec-31-21 Jun-12-2( Governing People May include governing people not registered with Secretary of State Governing people Title HARMELL, KEN MACNICHOLS, JEFF STEWART, SCOTT View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/14/2022 8:47:12 AM Con'..-t us https://secure.dor.wa.gov/gteunauth/—/#5 2/3