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AG 12-152RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 1 � � (J�' 2. ORIGINATING STAFF PERSON�� �1 lJ�-�'� EXT: �� o� 3. DATE REQ. BY: 4. 6. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT D PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEIVIENT ❑ HUMAN SERVICES / CDBG � REAL ESTATE DOCtTMENT � SECURITY DOCUMENT �E.G. BONDRELATEDDOCUMENTS) ❑ ORDINANCE '`,�L CONTRACT AMENDMENT (AG#):' 2- I 52 ❑ OTHER PROJECT NAME: ❑ RESOLUTION � INTERLOCAL NAME OF CONT$A � i� VLJY � �- ��.� ADDRESS: `J (�• 5, � L TELEPHONE o`�'J3-�; l+�i ,� E-MAIL: FAX: SIGNATURE NAME: v�,v}� Q�, �� TITLE Y71EYY►bC,�'' OY' 7. EXHIBITS AND ATTACHMENTS: ❑ scoPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS �� $. TERM: COMMENCEMENT DATE: C;w.�e.vv� � � � ��� COMPLETION DATE�!_i�+2.C.QXYIY�•►'" � �. O�C7 � 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 TA,X OWED ❑ YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: i0. DOCUMENTlCONTRACT REVIEW �f PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (iF ArPLicaBi.E) [yCAW INITIAL / DATE REVIEWED ��/� INITIAL / DATE APPROVED 11. COUNCILAPPROVAL (tF .�P1.�CnBLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS [�LAW DEPARTMENT �FiYL �SIGNATORY (�C� DtREC1'oR) (����� � CITY CLERK ' � ASSIGNED AG# AG# �J � SIGNED COPY RETURNED DATE SENT: 1.�r�o� .� �.�w COMMENTS: 11/9 � �11rY O� CITY HALL �•••� ��.r ����' ���i.�i+ � 3332b 8th Avenus Snuth Pederai Way, LNA 9Sp03-6325 (253) �35-it�QO cwrw crtyafFeu`�ra%v�3y co�n AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENDER SERVICES This Ame�dment ("Amendment No. i") is made between the City of Federal Way, a Washington municipal corporation ("City"}, and Stender Whaley PLLC, a"Washington corporation" ("Contractor"}. The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the ariginal Agreement for Public Defender Services ("Agreement") dated effective December 4, 2012, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-1 ", attached hereto and incorporated by this reference. The Contractor agrees that the rates charged for its services contracted for herein sha11 remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payrnent of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below sweaz under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT . - 1 - 1 /2010 r .. � • � � CITl' HAL.L 33325 8th Avenue Stsuth �ederal Way, \lVA �8�03-632� (2�3) �35-70�0 cv��n� cih�rotf�c�erefvvx�y corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY � By: J �_� Skip Priest, Nlayor DATE: `7 � f I °� b( 3 �� STEND WH EY P C By: Printed Name: ��� c� Title: �Gt„r � /�-✓ DATE: `� z � STATE OF WASHINGTON ) ,`_ )ss. COUNTY OF r�•-(�� ATTEST: . Crty Clerk, Carol McNeil y, C APPROVED AS TO FORM: `��--�. ��-�� City Attorney, Patricia A Richardson By: �J � C��� Printed Name: � � G tn �. Title: ��1-�r-e� DATE: �, (Z � �� On this day per onally appeared before me �Ct�X� ���Mc�-�� , to me known to be the �j�, r�n�. w�`�`�� of �W � �.1.� that executed the foregoing instrument, and acknowledged the said instrument to be the free nd 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 �xed, if any, is the corporate seal of said corporation. GIVEN my hand and official seaI this Z day of Y� 1 , 20� `����'�,`(N� C ���........�. � ���.• w+v ,�� .��� , �; �� � Y �ii : �� � �,..,�. :, pve�� �► � � . ., o,�_ �., ,� � ���F WA•.,�i►���� Notary's signature Notary's printed name � h �-- Notary Public in and for the St�.a�t of Washington. My commission expires AMENDMENT - 2 - 1/2Q10 � CI`i"Y C7W� � �� ������' ���� EXHIBIT �1 COMPENSATION AMENDMENT Compensation shall be amended effective April l, 2013 as follows: CITY HALL 33325 8th Aven�se Stiuth Federa[ Vitay, WA 98003-6325 {2v3} 83�-?C1�0 sv�vw crtyai#s�ieraiw.-3y co�n 1.1 Case Compensation. The City shall pay a retainer each month of T'hirty 'Thousand Three Hundred and no/l00 ($30,300.00) after receipt and approval by the appropriate City representative of the invoice. In the event the total number of cases (as defined in Exhibit A) for the first or last six months of a year exceeds 1350, the City shall pay an additional One Hundred Thirty and no/100 Dollars ($130.00) per case for any additional cases above 1350 for the six month period, after receipt and approval by the appropriate City representative of the invoice. Contractor agrees not to seek payment from the City for any case that subsequently requires a conflict attorney to be appointed. Contractor agrees not to seek payment from the City for any case where the Contractor determines at any time that a defendant is not eligible for assigned counsel. 1.5 Legal Research. The City shall reimburse the Contractor an amount not to exceed Two Thousand Eight Hundred Eighty and no/100 Dollars ($2,880.00) for online research such as WESTLAW or other business computer related expenses. The City shall also provide Contractor with access to JIS in an equivalent manner as the City's Prosecutor's Office. Such access shall include the ability to utilize JIS before, during and after court proceedings. AMENDMENT - 3 - 1 /2010 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ' 2. ORIGINATING STAFF PERSON: �� P�, � 1 EXT: ��O � 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 AGREEIVIENT ❑ MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorm �LA�n nocun�xTS> ❑ ORDINAIVCE ❑ CONTRACTAMENDMENT(AG#): a OTHER 5. PROJECT NAME: 6. NAME OF CONTRACTOR avnxESS: 33�� E-MAIL:. SIGNATURE M ❑ RESOLUTION � INTERLOCAL , �� �G... TELEPHONEo�-�i ~ �— FAX: TITLE�i1CYY1�`T C �� 7. EXHIBITSANDATTACHMENTS: ❑ 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: �) Q��r�. •[ T���COMPLETION DATE•. 1 JC.GQ.�r7�� 3�. ��� 9. TOTAL COMPENSATTON $ (irrcLUDE E�ExsES.�rm S.a�.ES Tax, � AxY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ��S ❑ rro IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED � YES O NO IF YES, PAID BY: ❑ CONTRACTOR O CITY �PURCHASING: PLEASE CHARGE TO: C�� " � l OO � Oa0 ''�J l e1 " S I^'� I b 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED IZ4 PROJECT MANAGER--��"1G�+�•�,CTf' ❑ DIRECTOR O RISKMA,NAGENIENT (tF.arrLtC�st,E) ,� LAW 11. COUNCILAPPROVAL (iF.�Pt,1c�1.E} COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: �Z-�y) � Z- ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPARTMENT I Z.� y I, l i �.SIGNATORY (��'i nD il7DF/"rYlD� • ��y �Z �CITY CLERK ' ' (,�'ASSIGNED AG# AG# j2- �5: C�SIGNED COPY RETURNED � . _ CONIlVIENTS: �� � ��� 1/9 CITY OF �.. Federai Way CITYHALL-OFFICEOFTHEMAYOR ^•.•/ Fede a8WayeWA 98003-6325 253 835-2402 www. citvoffederalwav. com PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENDER SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Stender�Whaley PLLC, a Washington Professional Limited Liability Corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses: STENDER � WHALEY, PLLC : Kurt Stender 33119 9`� Ave S. Suite 101 B Federal Way, WA 98003 (253) 874-2627 (telephone) (253) 815-7819(facsimile) kurt(c�stenderzumwalt.com (subject to change) Diane Whaley 33919 9�` Ave. S. STE IOIB Federal Way, WA 98003 (253)874-2627 (telephone) (253) 815-7819 (facsimile) dianewhaleyCc�comcast.net The Parties agree as follows: CITY OF FEDERAL WAY: Skip Priest — Mayor 33325 8�' Ave S Federal Way, WA 98063-6325 (253) 253-835-2510 (telephone) (253) 253-835-2409 (facsimile) Skip.Priestna,citvoffederalwav.com 1. SERVICES. The Contractor sha11 perform the services more speci�cally described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similaz 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 enriries, 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 a11 rimes, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery 2. TERM. The term of this Agreement shall be for a period of one year commencing on January l, 2013 and terminating on December 31, 2013 ("Term"). The Agreement may be extended for addirional periods of time upon the mutual written agreement of the City and the Contractor. It is the intent of the City and the Contractor to create and ensure, if possible, continuity for future public defense services for the City. In light of the new public defense standards created by the Washington State Bar Association PROFESSIONAL SERVICES AGREEMENT - 1- Public Defender STENDER � WHALEY, PLLC CITY OF , ',�,,,�.., Federal W�� CITY HAL�- OFFICE OF THE MAYOR 33325 8`� Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav.com and adopted by the Washington State Supreme Court, both parties recognize that unforeseen variables may impact this agreement based upon the nuxnber of cases filed and assigned to Contractor, as well as the nuxnber of reviews handled by Contractor. Therefore, on or before September 15, 2013, the City and Contractor shall meet to mutually explore the extension of this Agreement upon mutually acceptable terms and conditions. Provided, however, this willingness to discuss extension of the term of this Agreement and compensation for providing indigent defense services does not constitute a binding commitrnent or option to extend the term or revise compensation on part of either the City or the Contractor. 3. TERMINATION. 3.1 Prior to the expirarion 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 12. 3.2 In the event of termination or upon completion of the Agreement, the Contractor shall continue to represent those clients who have already been assigned to the Contractor, including especially those cases currently set for trial; provided, however, that, after termination or complerion of the Agreement, in the event of a conflict or significant dispute, pursuant to Court rules and the Rules of Professional Conduct, the Contractor may withdraw from a particular case by notice of intent and motion to withdraw and by order of the Court; provided further, however, that the Contractor shall have no further obligation for any representation of indigent defendants beyond three (3) months from the date of termination, except for cases set for trial where the Court does not allow withdrawal or as otherwise ordered by the Court. In matters that are post sentencing, however, Contractor shall have no further obligation beyond six (6) weeks after termination or completion of the Agreement. 4. COMPENSATION. 4.1 Compensation. In return for the Services, the City sha11 pay the Contractor according to the methods and rates as delineated in E�chibit "B". The Contractor agrees that the rate(s) charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the term of this Agreement, unless modified in writing pursuant to the terms of this Agreement. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. INDEMNIFICATION. 5.1 Contractor Indexnnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, Contractors, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabiliries, ta�ces, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or by any and all persons or enriries, 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 PROFESSIONAL SERVICES AGREEMENT - 2- Public Defender STENDER � WHALEY, PLLC CITY OP ,:� Federal Way CITY HALL - OFFICE OF THE MAYOR 33325 8`h Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwa v. com that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indexnnify the City, its elected officials, officers, employees, agents, representatives, insurers, Contractors, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or by any and all persons or enriries, including without limitation, their respective agents, licensees, or representativea, 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 terminarion. 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 $2,000,000 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 minimuxn 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 $2,000,000 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. PROFESSIONAL SERVICES AGREEMENT - 3- Public Defender STENDER � WHALEY, PLLC CITY OP � Federal Way CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffedera/wav. com 6.2. No Limit of Liabilitv. 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, ar 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 sha11 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 norifies 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 determinarion that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Contractor obligations under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. The Contractor agrees to grant the City full access to materials necessary to verify compliance with all terms of this Agreement for City indigent services only. At any time, upon reasonable notice during business hours and as often as the City may reasonably deem necessary for the duration of the Agreement and a period of suc (6) years thereafter, the Contractor shall provide to the City right of access to its faciliries, including those of any subcontractor, to audit information relating to the matters covered by this Agreement. Information that may be subject to any privilege or rules of confidentiality should be maintained by the Contractor in a way that allows access by the City without breaching such confidentiality or privilege. The Contractor agrees to maintain this information in an accessible location and condition for a period not less than six (6) years following the termination of this Agreement, unless the City agrees in writing to an earlier disposition. Notwithstanding any of the above provisions of this paragraph, none of the Constitutional, statutory, and common law rights and privileges of any client are waived by this agreement. The City will respect the attorney-client privilege and attorney work product privilege. PROFESSIONAL SERVICES AGREEMENT - 4- Public Defender STENDER � WHALEY, PLLC CITY OF , �•.,�,,..., Federal Way CITY HALL- OFFICE OF THE MAYOR 33325 8t" Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffedera/wav. com 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and docuxnents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounring procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other ta�c 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 sha11 utilize all protecrion 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 a11 income and other taxes due except as provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services sha11 not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. . 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activiries, 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 employxnent. This requirement shall apply, but not be limited to the following: employrnent, 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 sha11 be grounds for terminarion of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 13. MATERIALS TO BE PROVIDED. The City shall provide to the Contractor at no cost to the Contractor or the defendant one (1) copy of all discoverable materials concerning each assigned case, including where relevant, a copy of the abstract of the defendant's driving record, with the exception of PROFESSIONAL SERVICES AGREEMENT - 5- Public Defender STENDER � WHALEY, PLLC CITY OP ,:� Federal W�� CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav.com audio and video recordings which sha11 be made available for inspection in accordance with rules for discovery. A copy of 911 call recordings intended to be introduced at trial shall be provided by the City upon request. Contractor is responsible for timely receipt of all documents from the Court. All documents will be delivered to a designated location at the Federal Way Municipal Court. The City shall provide the Contractor with a copy of the City of Federal Way Revised Criminal Code and any amendments thereto adopted during the term of this Agreement. 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. 14. STANDARDS FOR PUBLIC DEFENSE SERVICES. 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 the Washington State Supreme Court Public Defense Standards. The Contractor shall submit an affidavit to the Washington State Office of Public Defense, stating that the Contractor is in compliance with such standards. If the City adopts new public defense standards, the following protocol shall apply: This affidavit shall be submitted thiriy (30) days after the Contractor has received a copy of such standards once adopted by the City. Prior to the adoption of any standards for public defense services by the City, the Contractor shall be given an opportunity at least 30 thirty (30) days prior to adoption to provide comments and objections. Both City and Contractor agree to follow the currently adopted Federal Way Public Defense Standards. Contractor shall file quarterly reports as required by the Washington State Public Defense Standards. 15. GENERAL PROVISIONS. 15.1 Interoretarion and Modification. This Agreement, together with any attached Exhibits, contains a11 of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. The Parties have participated and had an equal opporlunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any Party upon a claim that that Party drafted the ambiguous language. 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 a11 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. PROFESSIONAL SERVICES AGREEMENT - 6- Public Defender STENDER � WHALEY, PLLC CITY OP � Federal W�� CITY HALL - OFFICE OF THE MAYOR 33325 S�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav.com 15.3 Comnliance 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 effecrive; as well as the Rules of Professional Conduct adopted by the Washington State Bar Association. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 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 may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail sha11 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 ixnxnediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and Contractor's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addirion 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 execuring 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 inst�ument, 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 - 7- Public Defender STENDER � WHALEY, PLLC CITY OF ,'�.... Federal W�� CITY HALL— OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Mayor, Skip riest DATE: ��� 1 I I L— STEND � W EY By: Printed Name: ��✓ Title: yt✓ DATE: I Z Z AT'TEST: City Clerk, Carol McNeil , CMC APPROVED AS TO FORM: / -+ e.��`� City Attorney, Patricia A Richardson By: � ! Printed Name: ���Gh-�. �YC,,t Title: /�v�_1r,�e� � �� ��_ DATE: lZ I�-1 I l'Z� STATE OF WASHINGTON ) ) ss. COUNTY OF 1 ) On this day personally appeared before me u,Y� �.f'�' u� and ,�C�� to me known to be the j���� �� and of Stender Wt ey, PLLC that executed the foregoing instiument, and acknowledged the said instrument to be the fre 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 corporarion. GIVEN my hand and official seal this � day of 1�.c�XYI�� , 20�� �4d�'�l�� i±, r.+ st a �`0 �`'��""�'s signature \ ' • �� `,�w�" " ��' L�°��aty's printed name on�� (lr� �o �-i�t�� �"v�' Notary Public in and for the State of Washington. ��`�d y:�� y, +�„! J .�.,j„ •� y `�.. k �' '� v �d���Y � �� ; My commission expires ��- «� ��J � �'°°� ' ` U�1..1 � ` .. � A G :Zw :. tea = ; .� % ,� • O 'w .; � '��%� �� `�� ��'� ���° , � ~�„�,.t��- i'dd�=��'��`��f�� `'�"��:�a��;1 �'�'� � PROFESSIONAL SERVICES AGREEMENT - 8- Public Defender STENDER � WHALEY, PLLC CITY OF ,:� Federal W�� CITY HALL- OFfICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav. com EXHIBIT ��A" SERVICES Contractor shall provide the following Services in compliance with Chapter 10.101 RCW and the Rules of Professional Conduct ("Services"): 1. Scone of Services. All indigent criminal defendants who are: (a) determined to be eligible under Section 2 of this Exhibit; and (b) charged with violarions of State law or City ordinances committed within the City of Federal Way shall be appointed to the Contractor, except as provided in Section 11 (Conflict) 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 meet with appointed clients in the King County Jail, the Fife City Jail, SCORE jail, or other facility used by the City within thirty (30) miles of the City of Federal Way. 2. ScreeninQ. 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 handling the screening process. Should the Contractor determine at any time that 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 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 (City of Federal Way Public Defense Standard Definirion). Each case that the Contractor is appointed and files a notice of appearance constitutes one "case", regardless of any subsequent withdrawal and reappointxnent, 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 to be indigent are not considered cases. If a defendant appears at arraignxnent and prosecutor asks the court and the court accepts to amend a driving while license suspended, 3'� degree to a no valid operator's license, 2°� degree such acrion shall not be treated and reported as a case pursuant to the City's Case Weighting System, which is attached at "Exhibit D". For work done on cases which are subsequently idenrified as conflicts with the exceprion of cases in which (after work has been performed) the client obtains a new attorney at his own expense or through a request to the Court; or for other extraordinary circumstances approved by the City including, but not limited to, information or evidence which defense counsel could not have reasonably known or discovered at the time of the initial conflicts check; shall not be treated and reported as a case. 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 the King County Jail, the Fife City Jail, SCORE jail, or other facility used by the City within thiriy (30) miles of the City of Federal Way, but that such services shall not be counted as a case or PROFESSIONAL SERVICES AGREEMENT - 9- Public Defender STENDER � WHALEY, PLLC c�Tr oF , �.,�,,,.., Federal W�� CITY HALL - OPFICE OF THE MAYOR 33325 8`� Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffedera/wav. com 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 definirion 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 that he or she is aware who the attorney 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 (FAQ's). This letter will also provide information about the complaint process and the complaint form. The Contractor will also return client phone calls or other attempts to contact the Contractor within 48 hours, excluding weekends and holidays. Each assigned case should be reviewed and an opportunity to discuss the case must be provided for each defendant prior to the first post- arraignment appearance in court. The Contractor shall provide to the Federal Way Police Department the telephone nuxnber or nuxnbers at which a Contractor can be reached for critical stage advice to defendants during the course of police invesrigations and/or arrests twenty-four (24) hours each day. 5. Reporting. The Contractor shall file monthly reports with the City to include each client who has been appointed to the Public Defender, the charges, cause numbers and disposition, bench or jury trial and whether an appeal was filed. In addition, the report will include an invoice with all appeal costs, incidental costs, expert or investigator fees. The report is due on or before the third (3rd) day of the following month for services of the prior month. 6. Bar Complaints. The Contractor will immediately notify the City in writing when he/she becomes aware that a complaint has been lodged with the Washington State Bar Association of any attorney who is a member of the Contractor's staff or working for the Cor►tractor. 7. Associated Counsel. Contractor shall notify the City of any counsel or intern employed or contracted with by the Contractor. All such counsel or interns shall agree to abide by the standards and terms of this Agreement. Any counsel employed by the Contractor shall have the authority to perform the Services. The Contractor may employ outside associated counsel to assist at Contractor's expense; , which agreement shall include the requirement to follow the standards and terms contained in this Agreement. The Contractor and all associated counsel hired pursuant to this Section sha11 be admitted to pracrice 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 arraignxnent Services for defendants while in custody in the King County Jail, the Fife City 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. 8. Staffing. The Contractor will provide a sufficient nuxnber of attorneys to adequately staff the City's calendars for two daily courtrooms at Federal Way Municipal Court. Staffing 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 sha11 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 an active presence in Federal Way Municipal Court to a degree that there is a competent understanding of the daily operation of the court. 9. Trainin�. Ongoing professional training is a necessity in order for an attorney to keep abreast of PROFESSIONAL SERVICES AGREEMENT - 10 - Public Defender STENDER � WHALEY, PLLC CITY OF ,�� Federal W�� CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffedera/wa v. com changes and developments in the law and assure conrinued 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 calendar year, 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. 10. Removal. Any violation of the Rules of Professional Conduct, as deterinined 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 and/or contract termination. 11. Conflicts. Conflicts of interest may arise in numerous situarions in the representation of indigent defendants. 'The Contractor will screen all cases for conflict 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 as defined in the Rules of Professional Conduct. A defendant 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. 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. 12. Federal Wav Office and Contact Information. The Contractor shall maintain a full-time office located in the City of Federal Way, Washington. This office will be urilized by the Contractor for appoinhnents and meetings with clients. Contractor is required to have individual electronic mail accounts for each individual attorney assigned to this contract, including any associated counsel or subcontractor 13. Contractor's Performance Evaluation. 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 time and caseload informarion, an evaluation of attorney 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 rimely 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 ineffecrive assist • Number of complaints 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 - 11 - Public Defender STENDER � WHALEY, PLLC CITY OF ;� Federal Way EXHIBIT "B" COMPENSATION CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffe deral wa v. com 1. Comvensation. In consideration of the Contractor providing the Services authorized in Section 1 of the Agreement and described in Exhibit A of the Agreement during the term of the Agreement and thereafter as provided in Section 3.2 of the Agreement, the Contractor will be compensated for cases with a retainer adjusted with a per case fee, with additional compensation for appeals, and expert and investigator fees as set forth below. l.l Case comnensation. The City shall pay a retainer each month of Thirty Seven Thousand Four Hundred Twenty and no/100 Dollars ($37,420.00) after receipt and approval by the appropriate City representative of the invoice. In the event the total number of cases (as defined in Exhibit A) for the first or last six months of a year exceeds 1350, the City shall pay an additional One Hundred Thirty and no/100 Dollars ($130.00) per case for any additional cases above 1350 for the six month period, after receipt and approval by the appropriate City representative of the invoice. Contractor agrees not to seek payrnent from the City for any case that subsequently requires a conflict attorney to be appointed. Contractor agrees not to seek payment from the City for any case where the Contractor determines at any time that a defendant is not eligible for assigned counsel. 1.2 Apveal Compensation. The City sha11 pay the Contractor $400 per case appealed for all appellate services. In addition, the City will pay Contractor for the cost of transcription. Payment for the appeal shall be made after the brief is filed with the court. Reimbursement will be paid when the invoice is submitted. 1.3 Reimbursable Expenses. Compensation is based on a monthly retainer. No additional fees, costs, or any other reimbursable expenses will be allowed except as specifically provided for in this agreement. Extraordinary expenses may be submitted in writing to the City for consideration. 1.4 Expert Services and Investi�ator Fees. 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 invesrigator to be employed upon motion of the Contractor. 1.5 Legal Research. The City shall pay the Contractor Two Thousand Eight Hundred Eighty and no/100 Dollars ($2,880.00) for online research such as WESTLAW . The City shall also provide Contractor with access to JIS in an equivalent manner as the City Prosecutor's Office. Such access shall include the ability to utilize JIS before, during, and after court proceedings. 2. Method of Pavment. The Contractor sha11 submit a monthly report pursuant to Section 5 of this agreement and shall submit to the City an invoice with all appeal costs, or expert or investigator fees. The report and the services will be submitted to the City by third day (3rd) day of the following month for services of the prior month. Payment shall be made thirty (30) days after receipt of such report and invoice. If the Contractor fails to submit by the third day (3�) of the month the City may pay Contractor within 60 days of receipt. 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 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 - 12 - Public Defender STENDER � WHALEY, PLLC ` CI7Y OF CITY HALL- OFFICE OF THE MAYOR ,:� Federal Way 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav.com EXHIBIT "C" INSURANCE (Attach Insurance Certificate as Exhibit "C") PROFESSIONAL SERVICES AGREEMENT - 13 - Public Defender STENDER � WHALEY, PLLC CITY OF ;�� Federal way CITY HAIL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffe deral wa v. com EXHIBIT °°D" CASE WEIGHTING CITY OF FEDERAL WAY PUBLIC DEFENSE STANDARDS October l, 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.' Defmirion of Appointment: Appoinhnent 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 andlor gross misdemeanor experience will be 300 weighted cases per year.Z (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.9 (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 arraignxnent 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 arraignxnents/first appeazances; and an out of custody arraignment calendar one day per week, which includes arraignments.s Through contract negotiations the Primary Public Defense Firm serves as attomey of the day at a11 arraignments to provide information and counsel to a11 1 Standazd 3.3 Definition of a case. 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 attomey in all criminal proceedings PROFESSIONAL SERVICES AGREEMENT STENDER � WHALEY, PLLC -14- Public Defender CITY OP , �.. Federal Way CITY HALL- OFFICE OP THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav.com 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 arraigrunent 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.' Also, pursuant to the Supreme Court Order the City will count guilty pleas at arraignment as 1 case, because the Public Defender has been assigned the case .8 Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A.9 The weighting was provided by the public defenders, reviewed by the Municipal Court Judges, and presented to Office of Public Defense representatives before implementation. In the event there are multiple charges for the same incident, the case will be weighted using the highest weighted charge as the total measure for that case. The case count for any case that proceeds to trial will convert to one and no longer count as a fraction. Policy: The City will continue to utilize alternatives and considers the review/probation hearings as part of an ongoing case.lo A review/probation hearing will only be counted as a case if the defendant was previously represented by a different public defense firm.l l. A review/probarion hearing without a new criminal charge under this defmition 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 E�chibit A, but only if , the new charge is brought in Federal Way Municipal Court.13 ° Standard 3.3 Caseloads should factor in 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 $ Standazd 3.5 Guilty pleas at arraignment count as one case 9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity l0 Standazd 3.6 Cases may be weighted downwards 11Standard 3.6 Cases may be weighted downwards 12 Standard 3.3 Matters not involving a new criminal charge may be weighted 13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the complexity PROFESSIONAL SERVICES AGREEMENT - 15 - Public Defender STENDER � WHALEY, PLLC ��� CITY OF Federal Way EXHIBIT A CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwa v. com CHARGE FWRC WEIGHT ABANDOING OR DISCARDING 6.75.010 REFRIGERATION EQUIl'MENT 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 AGGRESSNE BEGGING 6.35.030 1 AIMING OR DISCHARGE OF A 6.25.010 FIREARM 1 AIRGiJN — UNLAWFUL USE 6.25.020 1 ALLOWING A MINOR TO FREQUENT 6.10.010 TRAVEN 1/3 ALLOWING UNAUTHORIZED PERSON 8.05.010 TO DRNE 1/3 ALTERED SERIAL NUMBERS ON 6.25.010 VEHICLE / WEAPON 1�2 ANIlVIAL CONTROL VIOLATIONS (City 9.18.100 Com laint 1 ANIlVIAL CRUELTY, Abuse 9.18.010 1 ANIlVIAL CRUELTY, Transporting or 6.75.030 Confinin 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 CARRYING OR DISPLAY OF WEAPONS 6.25.010 RCW 9.41.270 1/3 PROFESSIONAL SERVICES AGREEMENT - 16 - Public Defender STENDER � WHALEY, PLLC CITY OF ,:� Federal Way CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www.citvoffederalwav. com 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 M1NOR 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 ACTNITIES 6.30.040 2/3 DRNING UNDER THE INFLUENCE OF 8.05.010 INTOXICATING LI UOR 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 8.45.010 OR REVOKED 3 1/3 DRNING 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 EXI'OSING CHILDREN TO DOMESTIC 635.070(3) VIOLENCE 1 FAILING TO OBTAIN IIVITIAL 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 PROFESSIONAL SERVICES AGREEMENT - 17 - Public Defender STENDER � WHALEY, PLLC CITY OP ,;� Federal Way CITY HALL - OPFICE OF THE MAYOR 33325 8"' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederal wa v. com 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 LI UOR 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 RiJN, PROPERTY DAMAGE 8.05.010 RCW 46.52.010 2�3 HIT AND RIJN, UNATTENDED VEHICLE 8.05.010 2/3 HiTFFING 6.10.070 1 IDENTITY THEFT — NON-FELONY 6.40.025 1 IlVIPERSONATION 6.40.010 1 IlVIPERSONATION — POLICE OFFICER 6.40.010 1 INDECENT EXPOSURE TO A PERSON 6.45.020 OVER 14 1 PROFESSIONAL SERVICES AGREEMENT - 18 - Public Defender STENDER � WHALEY, PLLC ` ��� CITY OP Federal Way CITY HALL- OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www.citvoffederalwav. com INDECENT EXPOSURE TO A PERSON 6.45.020 LTNDER 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 LTNATTENDED 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 1 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE, Domestic Violence 1 MISUSING OF DEALER PLATES 8.05.010 1/3 MOCK AUCTIONS RCW 9.45.070 6.40.010 1/3 PROFESSIONAL SER�IICES AGREEMENT - 19 - Public Defender STENDER � WHALEY, PLLC ` �'�.../ CITY OF Federal Way GTY HALL - OFFICE OF THE MAYOR 33325 8�' Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffedera/wav.com 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 IGIVITION INTERLOCK 1/2 PARK AFTER HOURS (Ci Com laint 4.05.060 1/3 PATROIVIZING A PROSTITUTE 6.45.070 1/3 PARK FIRE 4.05.210 PERMITTING UNUSED EQUIl'MENT 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 ears 1 PHYSICAL CONTROL 6.15.010 1 PISTOL ALTERING 6.25.010 2/3 PISTOL WITHOUT PERMIT 625.010 2/3 PISTOL IN VEHICLE 6.25.010 2/3 POSSESSION OF A LEGEND DRUG 6.10.030 WITHOUT PRESCRIl'TION 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 (Ci Com laint) 1/3 POSSESSION OF MARIJUANA 6.10.030 1/3 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 PROPERT'Y IN 6.30.010 THE THIRD DEGREE 2/3 POSSESSION, USE AND DISCHARGE OF 12.55.070 FIItEWORKS 1 /2 PROSTITiJTION 6.45.040 1/3 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 RACING 8.05.010 1 PROFESSIONAL SERVICES AGREEMENT - 20 - Public Defender STENDER � WHALEY, PLLC CITY OF ,� Federal Way CITY HALL - OFFICE OF THE MAYOR 33325 8`� Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav. com 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 GNE 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 1N THE SECOND DEGREE 1/2 RESISTING ARREST 6.50.030 2/3 RIDING IN A PARK 1.10.010 4.05.040 4.05340 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 Sus ended Plate 1/3 TAKING , CONCEALING, OR INNRING 6.75.030 A PET ANIMAL 1 TAMPERING WITH EVIDENCE 6.50.030 1 TAMPERING WITH FIRE 6.60.020 l TAX ON CIGARETTES 6.75.110 2/3 TELEPHONE HARASSMENT 6.35.010 1 TELEPHONE HARASSMENT, Domestic 6.35.010 Violence 1 THEFT IN THE THIRD DEGREE 630.010 1/3 THEFT IN THE THIRD DEGREE, 6.30.010 Domesric 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=0N PREMISES / PROPERTY 1/3 TRESPASS, Domestic Violence 6.30.030 1 UNAUTHORIZED CAMPING IN A PARK 4.05.160 PROFESSIONAL SERVICES AGREEMENT - 21 - Public Defender STENDER � WHALEY, PLLC CITY OF ;� Federal Way CITY HALL - OFFICE OF THE MAYOR 33325 8`� Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffederalwav.com 4.05.040 1.10.010 1/3 UNLAWFiJL 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 iJNLAWFiTL USE OF DEALER PLATES 8.05.010 1/3 UNLAWFUL USE OF AIR GiJN 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 Com laint 1/3 VIOLATION OF ANIlVIAL CONTROL 6.30.060 REGULATIONS 1 VIOLATING A STAY OUT OF AREAS OF 6.42.110 PROSTITUTION ORDER 1�2 VIOLATION OF A CNIL 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 * VIOLATION OF AN ORDER TO CEASE 1.15.030 ACTIVITY 1 * VIOLATION OF LICENSE FOR 12.40.070 BATHHOUSE ATTENDANTS l * VIOLATION OF OCCUPATIONAL 8.05.010 DRNER'S LICENSE 1/3 VIOLATION OF STANDARDS OF 12.10.220 CONDUCT 1 PROFESSIONAL SERVICES AGREEMENT - 22 - Public Defender STENDER � WHALEY, PLLC cirr oF ,�'�•... Federal W�� CITY HALL — OFFICE OF THE MAYOR 33325 8`h Avenue South Federal Way, WA 98003-6325 253 835-2402 www. citvoffe dera I wa v. com VIOLATION OF THE HOUSING CODE 1.10.010 13.05.070 13.35.010 1 * VIOLATION OF VEHICLE TRIl' 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 An 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. K:�agreements�mayor�2012�stender whaley clean 11-8-12 PROFESSIONAL SERVICES AGREEMENT - 23 - Public Defender STENDER � WHALEY, PLLC