AG 12-160RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
I
1. ORIGINATING DEPT./DIV: OAS ((,
Vi
2. ORIGINATING STAFF PERSON: 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
L4. CONTRACT AMENDMENT (AG #): Ko 0 ❑ INTERLOCAL
❑ OTHER
QbXiL
5. PROJECT NAME: i
6. NAME OF CONTRACTOR:
ADDRESS: eta • % atopna. 9NO5 TELEPHONE oi53- 3-10 39(o I
E -MAIL: A-, 1aWu2X' 4) QK1nLl i \ • ocr% FAX:
SIGNATURE NAME: r' cn 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: oo►3 COMPLETION DATE: —c1 31, –'a I k-p
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 ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO: 001 • MDO • d ao - 51 a - 91- '-1 I D
10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW —TV,
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
INITIAL/ DATE SIGNED
LAW DEPARTMENT -jN2
CHIEF OF STAFF 10
SIGNATORY (MOOR DIRECTOR)
t0CITY CLERK 1 Ll • '-'
ASSIGNED AG# AG# R
SIGNED COPY RETURNED DATE SENT:
COMMENTS:
11/9
This Amendment ( "Amendment No. I") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Stephen G. Johnson, sole proprietor in the State of Washington ( "Contractor "). The City
and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend
the original Agreement for Conflict Public Defender Services ( "Agreement ") dated effective January 1, 2013, as
follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2016 ( "Amended Term ").
2. 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 all 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 swear 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
4&L CITY OF
Federal W
s
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(2'53) 835 -7000
a: vwcifyoffederalvmycom
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
Jim F
DATE: S
STE
M
ATTEST:
4 41
I)A
ty erk, Stephanie Cou t CMC
APPROVED AS TO FORM:
jz n'-
t,
STATE OF WASHINGTON )
ss.
COUNTY OF )
ity Attorney, Amy Jo Pearsall
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On this day personally appeared before me, Stephen G. Johnson, to me known to be the individual described in and
who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as
his/her /their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this '2 6
(type'cf�prmted name of notary)
Notary Public in and for the State of Washington.
My commission expires Zt,!41- /15
AMENDMENT - 2 - 1/2010
II RETURN TO: Steve Cain EXT: 2402
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:MAYOR'S OFFICE
2. ORIGINATING STAFF PERSON:STEVE CAIN EXT: 2402 3. DATE REQ.BY:12/14/2012
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
x 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:CONFLICT PUBLIC DEFENDER
6. NAME OF CONTRACTOR:STEPHEN G JOHNSON,JD
ADDRESS:925 SOUTH RIDGEWOOD AVENUE TACOMA,WA 98405 TELEPHONE 253 370-3961_
E-MAIL:BADSEEDLAWYER@GMAIL.COM FAX:253 238-1425
SIGNATURE NAME: STEPHEN G JOHNSON TITLE PROPRIETOR
7. EXHIBITS AND ATTACHMENTS:X SCOPE,WORK OR SERVICES X COMPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL
OTHER REFERENCED EXHIBITS X PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE:JANUARY 1,2013 COMPLETION DATE:DECEMBER 31,2014_
9. TOTAL COMPENSATION$ AS ENUMERATED IN EXHIBIT`B"COMPENSATION_ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:X YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
❑ PURCHASING: PLEASE CHARGE TO:001-1100-020-515-91-410
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
x LAW
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
INITIAL/DATE SIGNED
x LAW DEPARTMENT J 12.13•)L
x SIGNATORY(MAYOR) IV-15-12-
x CITY CLERK ,j j 1 -' -`2-
x ASSIGNED AG# AG# tZ-1 Loo
x SIGNED COPY RETURNED DATE SENT: 1 Z-I L. (2.
COMMENTS:
_Charge number is corrected for 2013
11/9
Nil" CITY OF CITY HALL
33325 8th Avenue South
Federal Federal Way.WA 98003-6325
(253)835-7000
ss veityoffederatwaycorn
PROFESSIONAL SERVICES AGREEMENT
FOR
CONFLICT PUBLIC DEFENDER SERVICES
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington,
a municipal corporation ("City"), and, Stephen G. Johnson, a sole proprietor, in the State of Washington
("Contractor"). The City and Contractor(together"Parties.) are located and do business at the below addresses:
Stephen G.Johnson,JD CITY OF FEDERAL WAY:
Stephen G. Johnson Skip Priest
925 South Ridgewood Avenue 33325 8th Ave S
Tacoma, WA 98405 Federal Way, WA 98063-9718
253 370-3931 (253)253-835-2402(telephone)
253 238-1425 (253)253-835-2409 (facsimile)
badseedlawyer(a,gmail.com Skip.priest@cityoffederalway.com
The Parties agree as follows:
1. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached
hereto and incorporated by this reference("Services"), in a manner consistent with the accepted professional practices for
other similar services within the Puget Sound region in effect at the time those services are performed, performed to the
City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her
designee.The Contractor warrants that it has the requisite training, skill,and experience necessary to provide the Services
and is appropriately accredited and licensed by all applicable agencies and governmental entities,including but not limited
to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this
Agreement. Services shall be subject, at all times,to observation and inspection by and with approval of the City,but the
making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance,its substantiality or the ease of its discovery.
2. TERM. The term of this Agreement shall be for the period commencing on January 1, 2013 and terminating on
December 31, 2014 ("Term"). The Agreement may be extended for additional periods of time upon the mutual written
agreement of the City and the Contractor. It is the intent of the City and the Contractor to create and ensure, if possible,
continuity for future public defense services for the City. Therefore, on or before September 15, 2014, the City and
Contractor shall meet to mutually explore the extension of this Agreement upon mutually acceptable terms and conditions.
Provided, however, this willingness to discuss extension of the term of this Agreement and compensation for providing
indigent defense services does not constitute a binding commitment or option to extend the term or revise compensation
on part of either the City or the Contractor.
3. TERMINATION.
3.1 Prior to the expiration of the Term, this Agreement may be terminated with just cause by the City or the
Contractor. Just cause shall be defined to mean the failure of either party to perform its obligations as described in this
Agreement, including any violation of the Rules of Professional Conduct (as determined by the Washington State Bar
Association) by any employee or agent of the Contractor, when such failure has not been corrected to the reasonable
satisfaction of the City or Contractor, respectively, in a timely manner after notice of breach has been provided to the
other party. Just cause shall include, and the City may terminate this Agreement immediately, if, as required by this
contract, the Contractor, employee, or designee fails to maintain required insurance policies, breaches confidentiality, or
materially violates Section 12.
3.2 In the event of termination or upon completion of the Agreement, the Contractor shall continue to
PROFESSIONAL SERVICES AGREEMENT - 1 - Conflict Public Defender
CITY OF CITY HALL
33325
r ' a Feder 8th Avenue South
• ?\ea" Federal Way WA 98003-6325
(253) 835-7000
wsuw cifyoffederatway coin
represent those clients who have already been assigned to the Contractor, including especially those cases currently set for
trial; provided, however, that, after termination or completion of the Agreement, in the event of a conflict or significant
dispute, pursuant to Court rules and the Rules of Professional Conduct, the Contractor may withdraw from a particular
case by either notice of intent and motion to withdraw and by order of the Court; provided further, however, that the
Contractor shall have no further obligation for any representation of indigent defendants beyond three(3)months from the
date of termination,except for cases set for trial where the Court does not allow withdrawal or as otherwise ordered by the
Court. In matters that are post sentencing, however, Contractor shall have no further obligation beyond six (6) weeks
after termination or completion of the Agreement.
4. COMPENSATION.
4.1 Compensation. In return for the Services,the City shall pay the Contractor according to the methods and
rates as delineated in Exhibit "B". The Contractor agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for the term of this Agreement, unless modified in
writing pursuant to the terms of this Agreement. Except as otherwise provided in Exhibit "B", the Contractor shall be
solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
4.2 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period,the City will not be obligated to make payments for Services or amounts incurred
after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Services
for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies,except as
provided in paragraph 3 for cases which the City elects not to dismiss after such non-appropriation and refusal of the
Court to permit withdrawal.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, Contractors, and volunteers harmless from any and
all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,judgments, awards, injuries,
damages, liabilities, taxes, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or
by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives;
arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that
portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that
each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents,
representatives, insurers, Contractors,and volunteers to the extent and on the same terms and conditions as the Contractor
pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW,solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually
negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify,defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
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,
PROFESSIONAL SERVICES AGREEMENT -2 - Conflict Public Defender
CITY OF CITY HALL
33325_■
Federal 8th Avenue South
1f�7 Feder Way.WA 98003-6325
(253)835-7000
www cityotlederalway corn
resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of
the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with
the performance of the services or work by the Contractor,their agents, representatives, employees or subcontractors for
the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as
follows:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death,property
damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than
$500,000 for each occurrence and$500,000 general aggregate;
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the
laws of the State of Washington;
c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for
bodily injury,including personal injury or death,and property damage;
d. Professional liability insurance with limits no less than $500,000 per claim and $500,000 policy
aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by
reason of acts,errors or omissions of the Contractor.
6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance,or otherwise limit the City's
recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
6.3. Additional Insured,Verification. The City shall be named as additional insured on all commercial
general liability insurance policies. Concurrent with the execution of this Agreement,Contractor shall provide certificates
of insurance for all commercial general liability policies attached hereto as Exhibit"C"and incorporated by this reference.
At City's request,Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of
premiums or fees of such policies. If Contractor's insurance policies are"claims made,"Contractor shall be required to
maintain tail coverage for a minimum period of three(3)years from the date this Agreement is actually terminated or
upon project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this
Agreement shall be considered confidential. Breach of confidentiality by the Contractor will be grounds for immediate
termination. If the City notifies the Contractor of a public disclosure request, and the Contractor believes records are
exempt from disclosure, it is the Contractor's responsibility to make determination and pursue a lawsuit under RCW
42.56.540 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of
business on the tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary
decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is
deemed to have authorized releasing the record. If the City has notified the Contractor of a public disclosure request, and
the Contractor has not obtained an injunction and served the City with that injunction by the close of business on the tenth
business day after the City sent notice,the City will then disclose the record unless it makes an independent determination
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
PROFESSIONAL SERVICES AGREEMENT -3 - Conflict Public Defender
Crry OF CITY HALL
33325 Federal A' Feder 8th Avenue South
lfir^�i Federal Way.WA 98003-8325
(253)835-7000
www eityoffed eratway CURT
under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of
any public disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs,
design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by
Contractor while performing the Services shall belong to the City. All records submitted by the City to the Contractor
will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon
the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product
remaining in the possession of Contractor shall be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books,records,and documents which sufficiently
and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting
procedures and practices as may be deemed-necessary by the City to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its
authorized representative,the State Auditor,or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor
and that the Contractor has the ability to control and direct the performance and details of its work, the City being
interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay
Contractor sick leave, vacation pay or any other benefit of employment,nor to pay any social security or other tax which
may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the
safety of its employees, agents,and subcontractors in the performance of the contract work and shall utilize all protection
necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor
shall pay all income and other taxes due except as provided in Section 4. Industrial or any other insurance that is
purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the
Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an
independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services
during the Term for other parties; provided, however, that such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in
favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with
any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting,signing,
administration,or evaluating the Contractor's performance.
12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made
possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its
subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any
person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin,
marital status,or the presence of any disability, including sensory,mental or physical handicaps,unless based upon a bona
fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited
to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of
Chapter 49.60 RCW,Title VI or VII of the Civil Rights Act of 1964,the Americans With Disabilities Act,Section 504 of
the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or
regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this
Agreement by the City and,in the case of the Contractor's breach,may result in ineligibility for further City agreements.
13. MATERIALS TO BE PROVIDED. The City shall provide to the Contractor at no cost to the Contractor or the
defendant one (1) copy of all discoverable materials concerning each assigned case, including where relevant, a copy of
the abstract of the defendant's driving record, with the exception of audio and video recordings which shall be made
available for inspection in accordance with rules for discovery. A copy of 911 call recordings intended to be introduced at
PROFESSIONAL SERVICES AGREEMENT -4 - Conflict Public Defender
CITY OF CITY HALL
Federal V Feer 8th Avenue South
Federal Way.WA 98063 003
-6325
(253)835-7000
6vww cityoffecleralway 00171
trial shall be provided by the City upon request. All documents will be delivered to the Contractor's Federal Way office.
The City shall provide the Contractor with a:copy of the City of Federal Way Criminal Code and any amendments thereto
adopted during the term of this Agreement.
14. STANDARDS FOR PUBLIC DEFENSE SERVICES. The Contractor shall comply with the standards for
public defense Services pursuant to chapter 10.101 RCW, the Washington Supreme Court Orders on Public Defense
Standards, and the Case Weighting System adopted by the City Council more specifically described in Exhibit"D". The
Contractor shall certify to the Federal Way Municipal Court that the Contractor is in compliance with such standards.
15 REOPENER. The parties recognize that the Case Weighting System identified in Exhibit "D" may require
adjustment throughout the term of this Contract which may necessitate additional discussions,or in the event that there are
substantial changes to the law or practice of municipal criminal law, which materially affect the Contractor's ability to
provide Services under this Agreement or the reasonableness of the terms of the Agreement, the Parties agree to reopen
negotiations of this Agreement.
16. GENERAL PROVISIONS.
16.1 Interpretation and Modification. This Agreement,together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements,whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The
respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be
deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is
declared invalid, inoperative, null and void,.or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may
be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties.
The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the
Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
16.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other
Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full
force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing,the
rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest,
heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No
other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein.
16.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with
all applicable federal, state, local, and City laws including, without limitation, all City codes, ordinances, resolutions,
regulations,rules, standards and policies,as now existing or hereafter amended, adopted,or made effective;as well as the
Rules of Professional Conduct adopted by the Washington State Bar Association. If a violation of the City's Ethics
Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this
Agreement may be rendered null and void,at the City's option.
16.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail,postage prepaid,to the address set forth above. Any notice so posted
in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for
under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
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
PROFESSIONAL SERVICES AGREEMENT - 5 - Conflict Public Defender
CITY OF CITY HALL
33325,�� Federal Feder 8th Avenue South
-"' ` .; federal Way.WA 98003-6325
{253}835-7000
www cityoffede ro iway corn
more instances shall not be construed to be a waiver or relinquishment of those covenants,agreements or options, and the
same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately
upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act
as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and
interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,
difference or claim arising from this Agreement,the exclusive means of resolving that dispute, difference, or claim, shall
be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this
Agreement, each Party shall pay all its legal costs and Contractor's fees and expenses incurred in defending or bringing
such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 5 of this
Agreement.
16.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the
City.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together
and shall constitute one instrument,but in making proof hereof it shall only be necessary to produce one such counterpart.
The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon
which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"
hereof.
[Signature page follows]
PROFESSIONAL SERVICES AGREEMENT -6 - Conflict Public Defender
•
CITY OF CITY HALL
�r�:..» Federal 33325 8th Avenue.youth
Federal Way.OVA 98003-6325
�. �..,,......._. {253}835-7000
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IN WITNESS,the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By: 1.�.�_ �� .1, ► _ �„
Skip Priest,Mayor City Clerk, arol McN-illy, CMC
APPROVED AS TO FORM:
DATE: ( 2-I _ I 12— toovio d,
City Ail ey,Patricia A Richardson
Stephen G. !o so
„an VOW.
By: AtruPIA
Printed Na e: o 1'" '• Cr. 64' •err..
Title: f cr2n1L7/lift(
DATE: I (Sd(zot t
STATE OF WASHINGTON )
ss.
COUNTY OF 7:440«:- )
On this day personally appeared before me S ' to melt►�S (T�drtnJ me proven to be the pt r2)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 my hand and official seal this 3/1" day of e.tt4 6442_ , 2012.
Notary's signature w,;
Notary's printed name 0 OL-4:1' I,t pi:U.. &
Notar 'ub is in and for the State of ington.
p11111%,,N My commission expires
,111',(01 A4/444.
roN 04z.
•
Rao° e.‘
OF wA ,�`oll
"MI
PROFESSIONAL SERVICES AGREEMENT - 7- Conflict Public Defender
CITY OF CITY HALL
33325 8th Avenue South
44...., Federal a`/ Federal Way.WA 98003-6325
,r (253)835-7000
s"w weatyafederatwzivcane
EXHIBIT "A"
SERVICES
Contractor shall provide the following Services in compliance with Chapter 10.101 RCW and the Rules
of Professional Conduct("Services"):
1. Scope of Services. The Contractor will provide legal representation on the criminal matters referred for
each of these defendants from appointment through trial, sentencing, and post-conviction review. Cases will be
referred based on a conflict with the primary public defender and the primary conflict public defender. Cases
will include indigent criminal defendants who are: (a) determined to be eligible by the Court; and (b) charged
with violations of State law or City ordinances committed within the City of Federal Way as appointed to the
Contractor, except as provided in section 4 of this Exhibit. Contractor shall be responsible for each case from
the time of assignment until final sentencing, dismissal, issuance of mandate at the conclusion of all appeals, or
the conclusion of any scheduled post-sentencing matter, whichever is latest; provided however, that the
Contractor shall not be responsible for a case if required to withdraw by the Rules of Professional Conduct, or if
the defendant in a case is determined to no longer be eligible to receive public defender services. If the matter
is resolved through a Pretrial disposition, such as a Deferred Prosecution per RCW 10.05 or a Stipulated Order
of Continuance agreement, then the Contractor shall be responsible until the court ordered treatment and review
hearings have been completed.
The Contractor will provide representation at in-custody hearings to criminal defendants and in-custody
witnesses as appointed. The Contractor will be available to talk and meet with appointed clients in the SCORE
jail,the King County jail,or other facility used by the City within thirty(30)miles of the City of Federal Way.
The Contractor's caseload for Federal Way is set forth in the Case Weighting System in Exhibit"D".
2. Screening. Determination of indigence for eligibility for appointed counsel under this Agreement shall
be determined by an independent screening process established by the City or by the Municipal Court Judge.
Such appointments shall be in accordance with State law. The City shall be responsible for the costs of and
handling the screening process. Should the Contractor determine at any time a defendant is not eligible for
assigned counsel;the Contractor shall so.inform the Court and move to withdraw from the case.
3. Case. Case means all charges or allegations arising from the same incident. An individual charged with
several charges arising from one incident would be counted as one incident if written as one or more causes.
Each case that the Contractor is appointed and files a notice of appearance constitutes one "case", regardless of
any subsequent withdrawal and reappointment, for purposes of compensation to be paid to the Contractor
pursuant to Exhibit`B"of this Agreement; except that cases appeared on and then withdrawn from because of a
conflict or because a defendant is found not be indigent are not considered cases.
4. Client Contact. The Contractor will attempt to initiate contact with assigned clients within 24 hours of
assignment. The Contractor will provide their clients with contact information for availability during office
hours. The Contractor will also return client phone calls or other attempts to contact the Contractor within 48
hours, excluding weekends and holidays. Each assigned case should be reviewed and an opportunity to discuss
the case must be provided for each defendant prior to the first post-arraignment appearance in court.
5. Removal. Any violation of the Rules of Professional Conduct, as determined by the Washington State
Bar Association, or failure to certify compliance with the Public Defense Standards by any Contractor employee
PROFESSIONAL SERVICES AGREEMENT - 8 - Conflict Public Defender
CITY OF CITY HALL
Federal Feder 8th Avenue South
Federal Way.WA 98003-6325
(253)838-7000
ww w:cityoffeder3Tway cam
or designee will be cause for removal of that employee or designee from appearance in Federal Way courts
and/or contract termination.
6. Conflicts. Contractor may notify the court and request to be withdrawn from a case where any member
of its firm has a conflict of interest as defined in the Rules of Professional Conduct. The Contractor shall
maintain a written policy explaining how conflict of interest is defined, and identify conflicts as quickly as
possible. A defendant from whom the Contractor withdraws from representation of based on a conflict shall be
referred to the court for reassignment to a conflict attorney at no cost to the Contractor. No payment will be
made to the Contractor for work they performed on cases subsequently identified as conflicts. If a conflict is
created and a conflict attorney is appointed by the Court due to the conduct of the Contractor or designee, then
the Contractor may be billed to reimburse the City the cost expended to provide conflict attorney.
7. Bar Complaints. The Contractor will immediately notify the City in writing when he/she becomes
aware that a complaint has been lodged with the Washington State Bar Association of any attorney who is a
member of the Contractor's staff or working for the Contractor.
8. Associated Counsel. Contractor shall notify the City of any counsel or intern employed or contracted
with by the Contractor. All such counsel or interns shall agree to abide by the standards and terms of this
Agreement. Any counsel employed by the Contractor shall have the authority to perform the Services. The
Contractor may employ outside associated counsel to assist at the Contractor's expense; provided however, that
Contractor agrees to provide a copy of the agreement contained in this Agreement. The Contractor and all
associated counsel hired pursuant to this Section shall be admitted to the practice in the State of Washington
pursuant to the rules of the Supreme Court of the State of Washington. The Parties understand the Contractor
may subcontract for defense arraignment Services for defendants while in custody in the King County Jail,
SCORE jail, or other facility used by the City within thirty(30)miles of the City of Federal Way. Legal interns
may be used only in accordance with Washington State Practice Guidelines and only if properly supervised by
the Contractor.
9. Training. Ongoing professional training is a necessity. Standard 14.1.G of the Washington Supreme
Court Order requires seven hours of continuing legal education within each calendar year in courses relating to
public defense.
•
PROFESSIONAL SERVICES AGREEMENT -9 - Conflict Public Defender
cIry O CITY HALL
Federal' Feder 8th Avenue South
may, Federal Way.WA 98003-6325
•.......- (253)835-7000
www atyotlederatwaiy cram
EXHIBIT `B"
COMPENSATION
1. Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the
Contractor calculated on the basis of the following fees: The City shall pay Contractor the sum of Two Hundred
Fifty and 00/100 Dollars ($250.00) per case assigned, except cases only involving post-conviction review or
appeal. "Case", as defined in Exhibit "A", Section 3, for which the Contractor is appointed and files a notice of
appearance constitutes one "case", regardless of any subsequent withdrawal and reappointment; except that
causes appeared on and then withdrawn from because of a further conflict or because a defendant is not indigent
are not considered cases. Except for such additional fees set forth specifically below, this fee shall constitute
the total compensation payable by the City for all public defender services provided while Contractor is
responsible for the case. In addition to the $250.00 per case assigned, the City shall pay Contractor Two
Hundred Fifty and 00/100 Dollars ($250.00) each case that proceeds to jury trial and is actually submitted to a
jury for deliberation. In the event Contractor serves as attorney of record for a case appealed,the City shall pay
the Contractor Three Hundred and 00/100 Dollars ($300.00) for that appealed case and any cases joined with it,
regardless if other fees have been previously paid on the case(s). For cases that have been assigned to the
Contractor for post-conviction review where that the Contractor has not previously been assigned to the case,
the City shall pay the Contractor Sixty-Two and 50/100 Dollars ($62.50) per case. The City shall pay an extra
Fifty and 00/Dollars ($50.00) at the resolution of the first case assigned for the year, if the Contractor has not
been a vendor with the City previously.
2 Reimbursable Expenses. Incidental expenses that are reasonable, customary, and actual and that are
incurred by Contractor in performing non-routine portions of the Services, such as transcription costs and other
reasonable costs, shall be compensated according to invoices; provided, however, that such costs shall be
deemed reasonable in the City's sole discretion or as necessary to provide effective legal representation as
ordered by the court in a reasonable amount, and shall not exceed Two Thousand and no/100 Dollars ($2,000)
per year. Such non-routine portions of the Services do not include the costs of case preparation, tracking, case
analysis, client interviews, legal research, briefing, basic investigation, filing, court appearances, document
preparation or processing, court appearances, case negotiations, administration, or similar services normally
related to legal representation. The City shall reimburse the Contractor for reasonable expert witness or
investigator fees necessary to provide effective legal representation at a reasonable market rate where the court
orders such expert or investigator to be employed upon motion of the Contractor.
3. Method of Payment. The Contractor shall submit to the City an invoice in a form approved by the City.
After filing a Notice of Appearance the Contractor may submit an invoice which includes the name of each
client who has been appointed to the Contractor, the charges, and cause numbers. Payment by the City for the
Services invoiced will only be made after the City has reconciled the invoice. Payment by the City for the
Services will be made only after the Services have been performed, a voucher or invoice is submitted in the
form specified by the City, and the same is approved by the appropriate City representative. Payment shall be
made on a monthly basis,thirty(30)days after receipt of such voucher or invoice. The Contractor shall submit a
separate invoice after a case has been submitted to the jury. The Contractor may submit a monthly invoice with
any billing for appeals, expert and investigator fees, transcription fees, or other reimbursable expenses. If the
Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to
comply with the Agreement. The City may withhold payment for such work until the work meets the
requirements of the Agreement.
4. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any
taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
PROFESSIONAL SERVICES AGREEMENT - 10- Conflict Public Defender
CITY OF CITY HALL
Federal Y Federal l y.W Avenue South 003
Federal Way.'�1+A 98003-6325
...�.. (253) 835-7000
www cilyot}ederahvay corn
EXHIBIT "C"
INSURANCE
Contractor's Insurance Certificate attached
PROFESSIONAL SERVICES AGREEMENT - 11 - Conflict Public Defender
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cot CERTIFICATE OF INSURANCE \,.1t11i)it
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INSURED
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9'5 Solith Ridgewood i Avenue
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33325 1...r
Federal W Feder l y,WA 8003
Federal Way,'VtiOA 98003-6325
:°`: (253)835-7000
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EXHIBIT D
RESOLUTION NO. 12-624
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Adopting a Case-Weighting System for Public Defense
Standards.
WHEREAS, the Washington Supreme Court issued an Order June 15, 2012 establishing
numeric caseload standards for public defenders;and
WHEREAS, Standard 3.3 provides that the City may implement a case-weighting
system, provided the City Council adopts and publishes it;and
WHEREAS, the case weighting system has been reviewed by public defense attorneys,
municipal court judges, and representatives from the Office of Public Defense.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Case Weighting System. The attached policy and numerical weighting of
cases is adopted.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized
to make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
PROFESSIONAL SERVICES AGREEMENT - 12 - Conflict Public Defender
ary OF CITY HALL 33325�.._. Feuer Feder at Avenue South 003
Federal Way.WA 98€3€}3-6325
(253) 835-7000
awrw citvofederaiway corn
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage
by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 18TH day of September, 2012.
CITY OF FEDERAL WAY
/S/
MAYOR, SKIP PRIEST
ATTEST:
/5/
CITY CLERK, CAROL MCNEILLY,CMC
APPROVED AS TO FORM:
/S/
CITY ATTORNEY,PATRICIA A.RICHARDSON
FILED WITH THE CITY CLERK: 9/11/2012
PASSED BY THE CITY COUNCIL: 9/18/2012
RESOLUTION NO.: 12-624
PROFESSIONAL SERVICES AGREEMENT - 13 - Conflict Public Defender
CITY OF CITY HALL
`+.•:� r I
33325 8th Avenue South
Federal Way.WA 98003 003
-6325
.<,;,...: (253)835-7000
www cityoffederoiway corn
CITY OF FEDERAL WAY
PUBLIC DEFENSE STANDARDS
October 1, 2012
Policy: Provide high quality public defense services by engaging experienced public defenders.
Definition of a Case: A case is defined as the filing of a document,which may include
multiple citations from the same incident,with the court naming a person as a
defendant or respondent,to which an attorney is appointed in order to provide
representation.1
Definition of Appointment: Appointment of a public defender is defined as
assignment to represent a defendant as a result of indigent screening.
The caseload for attorneys with less than five years misdemeanor and/or gross
misdemeanor experience will be 300 weighted cases per year.2
(300 cases/year_48 weeks(240 working days)=6.25 cases/week_5 days=
1.25 cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross
misdemeanor criminal experience increase caseload will be increased to a total of 450
weighted cases per year.3
(450 cases/yr-48 weeks(240 working days)=9.375 cases/week-5 days=
1.875 cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross
misdemeanor coupled with five years felony criminal experience will be increased to a
total of 540 cases per year.4
(540 cases/yr=48 weeks(240 working days)= 11.25 cases per week_5 days=
2.25 cases/day)
Policy: Provide Public Defenders at the arraignment or first appearances even though the
defendant has not been screened to determine qualifications for indigent defense.
The Municipal Court of Federal Way has a daily in custody calendar,which includes
arraignments/first appearances;and an out of custody arraignment calendar one day per
week, which includes arraignments.5 Through contract negotiations the Primary Public
Defense Firm serves as attorney of the day at all arraignments to provide information
and counsel to all defendants even though they may not be appointed to defend them.
Standard 3.3 Definition of a case
2 Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system.
3 Standard 3.3 Experience is a factor
4 Standard 3.3 Experience is a factor
5 CRLJ 3.1 Right to an attorney in all criminal proceedings
PROFESSIONAL SERVICES AGREEMENT - 14 - Conflict Public Defender
cnv OF CITY HALL
33325�`"_ Federal Feder 8th Avenue South
Federal Way.WA 98003-6325
(253)835-7000
w w w cityoffederoiway corn
As a result,the City recognizes the additional time,but will not count each matter as a
case because it does not meet the definition of a case per the Supreme Court Order(i.e.
the attorney has not been assigned to the case), and it could be an unconstitutional gift
of public funds for those defendants who are not indigent. However,the City's
calculation of cases under the weighting system identified below will address the
additional time at arraignment by counting it as five percent(5%) quarterly cases
assigned for the entire firm to be divided.
Policy: The City will follow the guidelines of the Supreme Court Order and weight
misdemeanor cases.
Stipulated Orders of Continuance(SOC), Deferred Prosecution (DP), Deferred
Sentence(DS), or other alternative disposition weighted 1/3.'
Also, pursuant to the Supreme Court Order the City will count guilty pleas at
arraignment as 1 case, because the Public Defender has been assigned the case.8
Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A.9 The
weighting was provided by the public defenders,reviewed by the Municipal Court
Judges, and presented to Office of Public Defense representatives before
implementation. In the event there are multiple charges for the same incident,the case
will be weighted using the highest weighted charge as the total measure for that case.
The case count for any case that proceeds to trial will convert to one and no longer
count as a fraction.
Policy: The City will continue to utilize alternatives and considers the review/probation
hearings as part of an ongoing case.10
A review/probation hearing will only be counted as a case if the defendant was
previously represented by a different public defense firm." A review/probation
hearing without a new criminal charge under this definition will count as 1/3 of a
case.12
A review/probation hearing with a new criminal charge will remain as weighted at the
time of the original assignment and the new charges will be weighted pursuant to
Exhibit A,but only if the new charge is brought in Federal Way Municipal Court.13
6 Standard 3.3 Caseloads should factor in the type of cases and time involved
7 Standard 3.6(B)(v)Stipulated Order of Continuance,Deferred Prosecution and Deferred Sentence can be
weighted 1/3
8 Standard 3.5 Guilty pleas at arraignment count as one case
9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity
10 Standard 3.6 Cases may be weighted downwards
" Standard 3.6 Cases may be weighted downwards
12 Standard 3.3 Matters not involving a new criminal charge may be weighted
13 Standard 3.5 A new charge is to be treated as a case;the weight depends upon the complexity
PROFESSIONAL SERVICES AGREEMENT - 15 - Conflict Public Defender
41/4CITY OF CITY HALL
Federal 8th Avenue South
d e ra! Feder
..:: � ederaE Way.WA 98003-6325
,....w. (253)835-7000
WV1411 cityotfedererlway corn
EXHIBIT 1
CHARGE FWRC WEIGHT
ABANDOING OR DISCARDING 6.75.010
REFRIGERATION EQUIPMENT 2/3
ABANDONMENT OF A DEPENDENT 6.20.010
PERSON IN THE THIRD DEGREE 1
ABANDONMENT OF A DEPENDENT 6.20.010
PERSON IN THE THIRD DEGREE, 1
Domestic Violence
ACTS PROHOBITED BY 12.15.330
PAWNBROKERS AND SECONDHAND
DEALERS 1/2
ACTS PROHIBITED-TOBACCO 6.20.040 1/3
AGGRESSIVE BEGGING • 6.35.030 1
AIMING OR DISCHARGE OF A 6.25.010
FIREARM 1
AIRGUN—UNLAWFUL USE 6.25.020 1
ALLOWING A MINOR TO FREQUENT 6.10.010
TRAVEN 1/3
ALLOWING UNAUTHORIZED PERSON 8.05.010
TO DRIVE 1/3
ALTERED SERIAL NUMBERS ON 6.25.010
VEHICLE/WEAPON 1/2
ANIMAL CONTROL VIOLATIONS (City 9.18.100
Complaint) 1
ANIMAL CRUELTY,Abuse 9.18.010 1
ANIMAL CRUELTY,Transporting or 6.75.030
Confining 1
ASSAULT IN THE FOURTH DEGREE 6.35.010 1
ASSAULT IN THE FOURTH DEGREE, 6.35.010
Domestic Violence 1
ATTEMPTED THEFT 6.05.060 1/3
BARRATRY RCW 9.12.010 6.40.010 1/3
BAIL JUMPING 6.50.030 2/3
BOXING,MARTIAL ARTS, WRESTLING 6.55.025 2/3
BUYING,DEMANDING OR PROMISING
REWARD TO PUBLIC OFFICIAL RCW
9.12.020 6.40.010 2/3
CAMPING IN THE PARK 4.05.160 1/3
CANCELLED LICENSE PLATE OR 8.05.010
REGISTRATION 1/3
CARRYING A CONCEALED PISTOL 6.25.010
WITHOUT A LICENSE 2/3
PROFESSIONAL SERVICES AGREEMENT - 16 - Conflict Public Defender
41111/4„ OF CITY HALL
Federal 33325 8th Avenue South
Federal Way.WA 98003-6325
(253)835-7000
wwwcrtyoffeder iwaycorn
CARRYING OR DISPLAY OF WEAPONS 6.25.010
RCW 9.41.270 1/3
COERCION 6.35.010 1
COERCION, Domestic Violence 6.35.010 1
COMMERCIAL LICENSE REQUIRED 8.05.010 1/3
COMMUNICATION WITH MINOR FOR 6.45.080
IMMORAL PURPOSES 1
CONCESSIONS WITHOUT CONTRACT 4.05.180 1/2
CONSPIRACY 6.05.060 2/3
CONTEMPT OF COURT 6.05.050 2/3
CONTRIBUTING TO THE 6.20.020
DELINQUENCY OF A MINOR 1/2
CRIMINAL IMPERSONATION IN THE
FIRST DEGREE RCW 9A.60.040 6.40.010 1
CRIMINAL IMPERSONATION IN THE
SECOND DEGREE 9A.60.045 6.40.010 1
CUSTODIAL INTERFERENCE IN THE 6.35.050
SECOND DEGREE 1
CYBERSTALKING 6.35.010 1
DISORDERLY CONDUCT 6.55.010 1/3
DISORDERLY CONDUCT IN A CITY 6.55.055
PARK 1/3
DISRUPTION OF SCHOOL ACTIVITIES 6.30.040 2/3
DRIVING UNDER THE INFLUENCE OF 8.05.010
INTOXICATING LIQUOR • 1
DRIVING WHILE LICENSE SUSPENDED 8.05.010
OR REVOKED 1 1/2
DRIVING WHILE LICENSE SUSPENDED 8.05.010
OR REVOKED 2 1/2
DRIVING WHILE LICENSE SUSPENDED 8.05.010
OR REVOKED 3 1/3
DRIVING WITH ANOTHER STATE'S 8.05.010
LICENSE WHILE SUSPENDED IN
WASHINGTON
RCW 46.20.345 1/3
DRUG LOITERING 6.10.090 1/3
ELECTRONIC BENEFIT CARDS 6.40.010 1/3
RCW 74.08.580
ENCUMBERED, LEASED OR RENTED
PERSONAL PROPERTY RCW 9.45.060 6.40.010 1/3
ESCAPE IN THE THIRD DEGREE 6.50.040 2/3
EXPOSING CHILDREN TO DOMESTIC 6.35.070(3)
VIOLENCE 1
PROFESSIONAL SERVICES AGREEMENT - 17- Conflict Public Defender
CITY OF CITY HALL
Fe d a ra I Feder 8th Avenue South
Federal Way.WA 98003 03
-6325
(253)835-7000
www cityoffederalway corn
FAILING TO OBTAIN INITIAL 8.05.010
REGISTRATION 1/3
FAILURE TO DISPERSE 6.55.020 1/3
FAILURE TO GIVE INFORMATION, 8.05.010
RCW 46.61.020 1/3
FAILURE TO OBEY POLICE OFFICERS, 8.05.010
FLAGMAN OR FIRE FIGHTERS 46.61.021
or .22 1/2
FAILURE TO OBTAIN A TEMPORARY 12.25.010 and
BUSINESS LICENSE 7.05.070 2/3
FAILURE TO OBTAIN LICENSE FOR 6.40.050
MASSAGE PRACTITIONERS 2/3
FAILURE TO OBTAIN REGISTRATION 8.05.010 1/3
FAILURE TO TRANSFER TITLE OVER 8.05.010
45 DAYS 1/3
FALSE CERTIFICATION RCW 9A.60.050 6.40.010 1/3
FALSE EVIDENCE OF FINANCIAL 8.05.010
RESPONSIBILITY/INSURANCE CARD 1/3
FALSE REPORTING 6.50.030 1/3
FALSE STATEMENT TO A PUBLIC 6.50.030
SERVANT RCW 9A.76.175 1/3
FORGERY,NONFELONY 6.40.030 1
FRAUD IN ASSIGMENT FOR BENEFIT
OF CREDITORS RCW 9.45.100 6.40.010 1/2
FRAUD OPERATING COIN BOX IN
TELEPHONE OR OTHER RECEPTACLE
RCW 9.26A.120 6.40.010 1/3
FRAUDLENT POSSESSION, 8.05.010
ALTERATION,OR DISPLAY OF A
LICENSE 46.20.092(1) 1/3
FRAUDULENT REMOVAL OF
PROPERTY RCW 9.45.080 6.40.010 1/3
FURNISHING LIQUOR TO A MINOR 6.10.020 2/3
GRAFFITI 6.30.020 1
GRAFFITI TOOLS 6.30.050 2/3
HARASSMENT 6.35.040 1
HARASSMENT, Domestic Violence RCW 6.35.040
9A.46.020 1
HARBORING A MINOR/RUNAWAY 6.20.010 1
HIT AND RUN,ATTENDED VEHICLE 8.05.010
RCW 46.52.020 1
HIT AND RUN, PROPERTY DAMAGE 8.05.010
RCW 46.52.010 2/3
HIT AND RUN, UNATTENDED VEHICLE 8.05.010 2/3
HUFFING 6.10.070 1
IDENTITY THEFT—NON-FELONY 6.40.025 1
IMPERSONATION 6.40.010 1
PROFESSIONAL SERVICES AGREEMENT - 18 - Conflict Public Defender
CITY OF CITY HALL
33325 m
Federal Feder 8th Avenue South
�,,� Federal Way.WA 98003-6325
..,.... (253)835-7000
wwiv.crtyoffeder iwaycorn
IMPERSONATION—POLICE OFFICER 6.40.010 1
INDECENT EXPOSURE TO A PERSON 6.45.020
OVER 14 1
INDECENT EXPOSURE TO A PERSON 6.45.020
UNDER 14 1
INTERFERING WITH THE REPORTING 6.35.070
OF DOMESTIC VIOLENCE,Domestic
Violence 1
ID THEFT 6.40.025 1
INTIMIDATING SCHOOL EMPLOYEE 6.75.010 1
ISSUANCE OF CHECKS OR DRAFTS 6.30.010 1
KNOWLINGLY RECEIVING
FRAUDULENT CONVEYANCE RCW
9.45.090 6.40.010 1/3
LEAVING AN UNLOCKED PISTOL IN A 6.25.010
VEHICLE 2/3
LEAVING CHILDERN UNATTENDED IN 6.20.030
PARKED VEHICLE 1
LITTERING IN A PARK 4.05.330 1/3
LITTERING OVER ONE CUBIC FOOT 6.75.020 1/3
LITTERING OVER ONE CUBIC YARD 7.75.020 1/3
MAKING A FALSE STATEMENT TO A 6.50.030
PUBLIC SERVANT RCW 9A.76.175 1/3
MAKING OR HAVING BURGLAR 6.30.030
TOOLS 2/3
MALICIOUS MISCHIEF IN THE THIRD 6.30.020
DEGREE 2/3
MALICIOUS MISCHIEF IN THE THIRD 6.30.020
DEGREE,Domestic Violence 1
MENACING 6.35.020 1
MANUFACTURE OR SALE OF SLUGS
TO BE USED AS COINS
RCW 9.26A.130 6.40.010 2/3
MINOR ATTEMPTING TO PURCHASE 6.10.020
ALCOHOL 2/3
MINOR INTOXICATED IN PUBLIC 6.10.020 1/2
MINOR FREQUENTING TRAVEN 6.10.010 1/2
MINOR IN POSSESSION OF LIQUOR 6.10.020
RCW 66.44.270 2/3
MINOR MISREPRESENTING AGE 6.10.010 2/3
MINOR OPERATING VEHICLE AFTER 6.05.010
ALCOHOL CONSUMPTION ALCOHOL 1
MISTREATMENT IN THE FOURTH 6.20.010
DEGREE 1
MISTREATMENT IN THE FOURTH 6.20.010
DEGREE,Domestic Violence 1
MISUSING OF DEALER PLATES 8.05.010 1/3
PROFESSIONAL SERVICES AGREEMENT - 19- Conflict Public Defender
Nib, CITY OF CITY HALL
33325 Federal l W Feder 8th y,WA South
W Federal Way.WA 98003-6325
(253)835-7000
www crtyoffederaiway corn
MOCK AUCTIONS RCW 9.45.070 6.40.010 1/3
NEGLIGENT DRIVING IN THE FIRST 8.05.010
DEGREE 1
NO VALID OPERATOR'S LICENSE 8.05.010
WITHOUT IDENTIFICATION 1/3
OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3
OPERATING A VEHICLE WITHOUT 8.05.010
IGNITION INTERLOCK 1/2
PARK AFTER HOURS (City Complaint) 4.05.060 1/3
PATRONIZING A PROSTITUTE 6.45.070 1/3
PARK FIRE 4.05.210
PERMITTING UNUSED EQUIPMENT TO 19.05.340
REMAIN ON PREMISES 1
PHYSICAL CONTROL OF A MOTOR 6.15.010
VEHICLE WHILE UNDER THE
INFLUENCE OF INTOXICATION(under ,
21 years) 1
PHYSICAL CONTROL 6.15.010 1
PISTOL ALTERING 6.25.010 2/3
PISTOL WITHOUT PERMIT 6.25.010 2/3
PISTOL IN VEHICLE 6.25.010 2/3
POSSESSION OF A LEGEND DRUG 6.10.030
WITHOUT PRESCRIPTION 2/3
POSSESSION OF ANOTHER'S
IDENTIFICATION RCW 9A.56.130 6.40.010 1/3
POSSESSION OF DANGEROUS WEAPON 6.25.010 1
POSSESSION OF DANGEROUS WEAPON 6.25.010
ON SCHOOL PROPERTY 1
POSSESSION OF DRUG 6.10.040
PARAPHERNALIA 1/3
POSSESSION OF EPHREDINE, 6.10.030
PSEUDOPHREDINE,
PHENYLPROPANOLAMINE 1/3
POSSESSION OF FIREARM AT LIQUOR 6.25.030
SALE PREMISES (City Complaint) 1/3
POSSESSION OF MARIJUANA 6.10.030 1/3
PROFESSIONAL SERVICES AGREEMENT -20 - Conflict Public Defender
CITY OF CITY HALL
Federal Federal 8th Avenue South
Way.WA 98003-6325
(253) 835-7004
crtyoffederatwny corn
POSSESSION OF PISTOL BY PERSON 6.25.010
AGE 18 TO 21 1/3
POSSESSION OF STOLEN ID 6.40.010 1/3
POSSESSION OF STOLEN PROPERTY IN 6.30.010
THE THIRD DEGREE 2/3
POSSESSION, USE AND DISCHARGE OF 12.55.070
FIREWORKS 1/2
PROSTITUTION 6.45.040 1/3
PUBLIC DISTURBANCE NOISES 7.10.020 1/3
RACING 8.05.010 1
RECKLESS BURNING IN THE SECOND 6.60.010
DEGREE 1
RECKLESS DRIVING RCW 46.61.500 8.05.010 1
RECKLESS ENDANGERMENT 6.35.010 1/3
RECKLESS ENDANGERMENT OF 8.05.010
ROADWAY WORKER 1/3
RECKLESS ENDANGERMENT,Domestic 6.35.010
Violence 1
REFUSAL TO GIVE INFORMATION TO 8.05.010
OR COOPERATE WITH POLICE RCW
46.61.020 1/2
RENDERING CRIMINAL ASSISTANCE 6.50.030
IN THE THIRD DEGREE 1/3
RENDERING CRIMINAL ASSISTANCE 6.50.030
IN THE SECOND DEGREE 1/2
RESISTING ARREST 6.50.030 2/3
RIDING IN A PARK 1.10.010
4.05.040
4.05.340 1/3
RIOT 6.55.020 1
STALKING 6.35.040 1
STRANGULATION, Domestic Violence 6.35.070(2) 1
SUSPENSION OF REGISTRATION RCW 8.05.010
46.29.605 (Suspended Plate) 1/3
TAKING, CONCEALING, OR INJURING 6.75.030
A PET ANIMAL 1
TAMPERING WITH EVIDENCE 6.50.030 1
TAMPERING WITH FIRE 6.60.020 1
TAX ON CIGARETTES 6.75.110 2/3
TELEPHONE HARASSMENT 6.35.010 1
TELEPHONE HARASSMENT, Domestic 6.35.010
Violence 1
THEFT IN THE THIRD DEGREE 6.30.010 1/3
PROFESSIONAL SERVICES AGREEMENT -21 - Conflict Public Defender
AIL CITY OF 8th 33325 t
Federal Fede
Federal 8th Avenue South
al Way.WA 98003-6325
(253)835-7000
€wrw crtyof ederahvay corn
THEFT IN THE THIRD DEGREE, 6.30.010
Domestic Violence 1
THEFT OF MOTOR VEHICLE FUEL 8.05.010 1/2
THEFT OF RENTAL PROPERTY 6.30.010 1/3
THEFT OF SHOPPING CART 6.30.010 1/3
THROWING OBJECTS AT CARS 6.75.050
1.10.010 1/2
TRANSFER TO MINOR OF 6.10.010
IDENTIFICATION CARD 1/3
TRESPASS (.70) 1=INSIDE BUILDING ; 6.30.030
(.80)2=ON PREMISES/PROPERTY 1/3
TRESPASS, Domestic Violence 6.30.030 1
UNAUTHORIZED CAMPING IN A PARK 4.05.160
4.05.040
1.10.010 1/3
UNLAWFUL BUS CONDUCT 6.75.010 1/3
UNLAWFUL ISSUANCE OF.CHECKS 6.30.010 2/3
UNLAWFUL PRACTICES—OBTAINING
ASSISTANCE—DISPOSAL OF REALTY
RCW 74.08.331 6.40.010 1
UNLAWFUL USE OF DEALER PLATES 8.05.010 1/3
UNLAWFUL USE OF AIR GUN 6.25.020
URINATING IN PUBLIC 6.45.090 1/3
VEHICLE PROWLING IN THE SECOND 6.30.030
DEGREE 1/3
VEHICLE PROWLING TOOLS (City 6.30.060
Complaint) 1/3
VIOLATION OF ANIMAL CONTROL 6.30.060
REGULATIONS 1
VIOLATING A STAY OUT OF AREAS OF 6.42.110
PROSTITUTION ORDER 1/2
VIOLATION OF A CIVIL 6.35.060
ANTIHARASSMENT ORDER&KCSC
VIOLATION OF ORDER FOR
PROTECTION-AH 1
VIOLATION OF A CIVIL 6.35.060
ANTIHARASSMENT ORDER, Domestic
Violence 1
VIOLATION OF A NO CONTACT 6.35.040
ORDER,Domestic Violence 1
VIOLATION OF A NOTICE AND ORDER 1.15.040
TO CORRECT 1*
VIOLATION OF A PROTECTION ORDER, 6.35.060
Domestic Violence 1
VIOLATION OF A RESTRAINING 6.35.070
ORDER 1
VIOLATION OF A RESTRAINING 6.35.070
PROFESSIONAL SERVICES AGREEMENT -22 - Conflict Public Defender
AIL CITY OF CITY HALL
1 33325 8th Avenue South
u`\�y`►.���
Federa Way
Federal Way.WA 98003-6325
(253) 835-7000
www crtyoffederatway corn
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 1*
VIOLATION OF OCCUPATIONAL 8.05.010
DRIVER'S LICENSE 1/3
VIOLATION OF STANDARDS OF 12.10.220
CONDUCT 1
VIOLATION OF THE HOUSING CODE 1.10.010
13.05.070
13.35.010 1*
VIOLATION OF VEHICLE TRIP PERMIT 8.05.010 1/3
VIOLATION OF ZONING CODE 19.05.340 1*
WEAPONS IN COURT 6.25.040 2/3
WEAPONS IN PROHIBITED AREA 6.25.040 2/3
WEAPONS IN SCHOOL 6.25.010 1
PUBLIC DISTURBANCE NOISES 7.10.020 1/3
Any and all misdemeanors not listed above 1/3
Any and all gross misdemeanors not listed
above 1/2
The case count for any case that proceeds to trial will convert to one and no longer count as a
fraction.
*Zoning violations. Defendant will not likely qualify for a public defender.
PROFESSIONAL SERVICES AGREEMENT -23 - Conflict Public Defender