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AG 13-066RETURN TO: Steve Cain CITY OF FEDERi --iL EXT: 2402 WAY LAW DEPARTMENT .cOU ,F m 7" 0 1. ORIGINATING DEPT. /DIV: MAYOR'S OFFICE 2. ORIGINATING STAFF PERSON: STEVE CAIN EXT: 2402 3. DATE REQ. BY. 1/4/2013 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 SERVICES 6. NAME OF CONTRACTOR: DAvID O rae4fn5 c, ADDRESS: 2211 ELLIOTT AVENUE SUITE 200 SEATTLE, WA 98121 TELEPHONE: 206 459 -6392 E -MAIL: DAVID @DAVIDODEFENSE.COM FAX: SIGNATURE NAME: DAVID O TITLE: OWNER 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: JANUARY 1, 2013 COMPLETION DATE: DECEMBER 31,24W P A- 9. TOTAL COMPENSATION FEE BASED —SEE EXHIBIT "B" (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ✓ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ✓ YES ❑ NO IF YES, SEE EXHIBrr "B" PAID BY ✓ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 001 - 1100 - 020 - 512 -81 -410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) ✓ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED 'v"' I 4tZ 1 eso, I 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 ✓ SIGNATORY (MAYOR OR DIRECTOR) ✓ CITY CLERK ✓ ASSIGNED AG# AG# ✓ SIGNED COPY RETURNED DATE SENT: /2. 151-%003 COMMENTS: Need copy of Insurance Certificate t nsknne arrow an nod rnat u�h� -� lS r� u �r� 11/9 �� CITY OF Federal C;I ( Y HALL ��� 33325 8th Avenue South Federai Way, WA 98003-6325 (253} 835-7000 auvw: r+tyaifederalw��y can PROFESSIONA� SERVICESAGREEMENT FOR CONFLI CT PUBLI C DEFENDER SERVI CES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington, a municipal corporation ("City"), and David O Defense, sole proprietor in the Sta.te of Washington ("Cantraetor"). The City and Contractor (together "Parties") are located and do business at the below addresses: DAVID O DEFENSE David O 2211 Elliott Avenue Suite 2Q0 Seattle, WA 98121 206 459-6392 The Parties agree as follows: CITY OF FEDERAL WAY: Skip Priest 33325 8� Ave S Federal Way, WA 98063-9718 (253) 253-835-2402(telephone) (253) 253-835-2409 (facsimile) Skin. nriestna.citvoffederalwav. com 1. RVI ES� The Contractor sha11 perform the services more specifically described in Exhibit "A", attached hereto and incorparated 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 Mayar or his or her designee. The Contractor watrants 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 sha11 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 sha11 not relieve Con�ractor of responsibility for performance of the Services in accordance with tlus Contract, notwithstanding the City's l�owledge of defective or non- complying performance, its substantiality or the ease of its discovery. 2 TERM. The term ofthis Agreement shall be for the period commencing on Jaz►uary 1, 2013 and tenminating on December 31, 2014 ("Term"). The Agreement may be extended for additional periods of rime upon the mutual written agreement of the City and the Contractar. 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 providin� indigent defense services does not constitute a binding comYmtment or opcion to extend the teim or revise compensation on part of either the City or the Contractor. 3. TERM I NATI ON. 3.1 Prior to the �piration of the Tenn, 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 maintaan required inswance policies, breaches confideatiality, or materially violates Section 12. 3.2 In the event of tennination or upon completion of the Agreement, the Contractor sha11 continue to PROFESSIONAL SERVICES AGREEMENT - 1- Conflict Public Defender � �Federal �..�..�" (:i t Y FiALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 av�vw. crtyvffe.derr�lway cvrn 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 morion to withdraw and by order of the Court; provided further, however, that the Contractor shall have no further obligarion 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 terminarion or complerion of the Agreement. 4. COM PENSATI ON. 4.1 Compensation. In return for the Services, the City sha11 pay the Contractor according to the methods and rates as delineated in Exhibit "B". The Contractor agrees that the hourly ar 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 modiSed in writing pursuant to the terms of this Agreement. Except as otherwise provided in E�ibit "B", the Contractor shall be solely responsible for the payment of any t�es imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Non-Appr�o riation 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 a�nounts incurred after the end of the current fiscal period, and this Agreement will ternunate upon the completion of all rem ��ning Services for which funds are allocated. No penalty or expense sha11 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 Contractar agrees to release, indemnify, defend, and hald the City, its elected officials, officers, employees, agents, representatives, insurers, Contractars, and volunteers harmless fram 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 ar by any and all persons or entities, including, without limitation, their respective agents, licensees, ar representatives; arising from, resultin� from, or in connection with this Agreement or the performance of this Agreement, except for that porkion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that tlus Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or daxnages to properiy caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractar's liability hereunder shall be only to the extent of the Contractar's ne�ligence. Contractor shall ensure that each sub-contractor shall agree to defend and indernnify the City, its elected officials, officers, employees, agents, representatives, insurers, Contracttors, 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 indemnificatian sha11 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 henefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually ne�otiated 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 atl claims, demands, acdons, suits, causes of action, arbitrations, mediations, proceedings, jud�ments, awards, injuries, damages, liabilities, losses, fines, fees, penalties e�enses, Contractor's fees, costs, and/or lirigation expenses to ar by any and all persons or entiries, including without limitarion, their respective agents, licensees, or representatives, arising from, PROFE55IONAL SERVICES AGREEMENT - 2- Conflict Public Defender C17Y C�F '�,,'�...., Fe d e ra I C:t I Y hiHLL ��� 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 �»v�v. cifyoff�der�Pwtty catn resulting from or connected with this Agreement to the e�ctent solely caused by the negligent acts, errors, or omissions of the City. 5.4 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 ternunation. 6� INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the perfonnance 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. Iv�inimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with snch 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, adverkising 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' compensatiott 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 far bodily injury, including personal injury or death, and properly damage; d Professional liability insurance with limits no less than $500,000 per claim and $500,000 policy aggregate far damages sustained by reason of or in the course of operatian under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractar'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 ar in equity. The Contractar'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 a11 commercial generalliability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor sha11 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 tern�inated or upon project completion and acceptance by the City. 6.4 urvival. The provisions of this Section sha11 survive the expiration or termination of this Agreement. ?. CONFIDENTIALITY. All inforn�ation regarding the City obtained by Contractor in performance of tlus Agreement shall be cansidered confidential. Breach of confidenriality by the Contractor will be grounds for immediate temunation. If the City notifies the Contractor of a public disclosure request, and the Contractar believes records are exempt &om 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 Contractar does not timely obtain and serve an injunction, the Contractar 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 ohligations PROFESSIONAL SERVICES AGREEMENT - 3- Conflict Public Defender CITY OF � Federal (.;1 I Y HHLL ��� 33325 8th Avenue Sou4h Federaf Way, VVA 98003-6325 (253 f 835-7000 ev�-vw cityaff�deralw�y corai 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 perfornung the Services sha11 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 Ciry'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 sha11 be delivered to the City. J �OKSAND RECORDSr The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect a11 direct and indir�ct 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 accou.nting of all funds paid pursuant to this Agreement. These records shall be subject, at a11 reasonable times, to inspection, review or audit by the City, its autharized representative, the State Auditor, or other governmental officials authorized by law to monitor ttus Agreement. 10. INDEPENDENT CONTRACT�R. The Parties intend that the Contractor sha11 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 ar 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 perforinance of the contract work and shall utilize all protection necessary for that purpose. All work sha11 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 Contractar shall pay all income and other taxes due except as provided in Section 4. Industrial ar 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, sha11 not be deemed to convert this Agreement to an employment contract. Even thou�h 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 far 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 favar of the City. Coniractor confirms that Contractor does not have a business interest or a close family relationship with any City of�cer 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 ar any subcontract, there sha11 be no discrimination by Contractor or its subcontractors of az�y level, ar any of those entities' employees, agents, subcontractars, ar 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, unles$ based upon a bona fide occuparional qualification in relationship to hiring and employment. This requirement shall apply, but not be limit� to the following: employment, advertising, layoff ar terniination, rates of pay or other forms of com�nsation, 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-discrimi.narion. Any material violation of this provision shall be grounds for termi.nation 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 PROVI DED. 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 5ERVICES AGREEMENT - 4- Conflict Public Defender CITY OF '�,�,�....., Federal C:i I Y HA,I.L ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mwvw. cityoffe.deraiwr�y evrn trial sha11 be provided by the City upon request. All documents will be delivered to the Contractor's Federal Way office. The City sha11 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 sha11 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 Contractar 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 substanrial changes to the law or practice of municipai 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. GEPIERAL PROVISIUNS� 16.1 Inteipretation 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 ar agreements, whether oral ar written, sha11 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 aze 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 ar invalidate any other provision hereof and such other provisions sha11 remain in fi�ll 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. 'I'he parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity sha11 be construed against any pariy 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 ar 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 tenns of this Agreement sha11 continue in full force and effect and no fiuther assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties sha11 inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Ageement is made and entered into for the sole protection and benefit of the Pariies 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 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 limitarion, 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. 16.4 Enfarcement. Time is of the essence of this Agreement and each and all of its provisions in which perfarmance 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, bnt sha11 be cumulative with a11 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 oprion conferred by ttus Agreement in one or PROFESSIONAL SERVICES AGREEMENT - 5- Conflict Public Defender CITY OF ._ �..... Federal C;1 I Y I""lHLL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253y 835-7000 avrv�v. crtyaffederalw��y corz� more instances sha11 not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same sha11 be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence sha11 not waive such breach or default. Failure of the City to declare one breach or default dces 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 a11 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. 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 d�med an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts sha11 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 a11 signature and acknowledgment pages. The date upon which the last of ali of the Parties have executed a counterpart of ttus Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 6- Conflict Public Defender �%+' C�ederal �..✓ C;I { Y HHLL ��� 33325 8th Avenue Soutn Federal Way, WA 98003-63Z5 (253y 835-T000 ��ivbv.caryoffede.ratwr�y cvfn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: kip Pries Mayor DATE: � Z ' 31 • %� t'Z �. ��� - . I ` . _��� I �1 -� - � -� .. � Title: _�(�.�k►_�� DATE: 1�-� � 1 � 12 --�- STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATT'EST: City Clerk, Carol McNeill CMC APPROVED AS TO FORM: �.�L�l./ - �,,��.�1 - y, . . � . , On this day personally appeazed before me �N� � . to me proven to be the ���ti`� of �:a ��' ���that executed the foregoing instrument, and acknowledged the said insmzment to be the free and vo�luntary 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 offieial seal this �� day of ��v�esJ�rv��,e.�— , 2012. Notary's signature � Notary's printed name vw� ar1�- ���`"���r''-� Notaxy Public in and for the S�te of Washington. ���� . Y �� '' `,����>�i�'�bti ��9 =` My commission expires � `� � � � . '� + 9 �����r��r�x� . : � . � w..,,� u : � :H� '°veuc � ; . ' .�,�°�.ZQ_,�3: �o=,,. �� •W A��,�i+s�'� PROFESSIONAL SERVICES AGREEMETIT - 7- Conflict Public Defender CITY OF '�,,�•�..�.. Fe d e ra I t,:l I Y HHLL W�� 33325 8th Avenue Sauth Federal Way, WA 98003-6325 (253} 835-7000 �uv�v, catyaffe.c�eratwaY cotrr EXHIBIT "A" S'ERVICES Contractor sha11 provide the following Services in compliance with Chapter 10.101 RCW and the Rules of Professional Conduct ("Services"): 1. Sco„pe of Services. The Contractor will provide legal representa.tion on the criminal ma.tters 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 confliet 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 sectian 4 of this Exhibit. Contractor sha11 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 Contractar 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 complet�. 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. Screenin�. Determination of indigence for eligibility for appointed counsel under tlus Agrcement sha11 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 o�ce hours. The Contractor will also return client phone calls or other attempts to contact the Contractor within 48 hvurs, 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 1-�,,,,.►► �Federal �� (,:1 I Y HHLL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 awvev. cityof(ede.rr�l�vay evrrl or designee will be cause for removal of that employee or designee from appearance in Federal Way courts andJor 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 na 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 camplaint 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 intem employed or contracted with by the Contractor. All such counsel or intems 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 a11 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 Contraetor may subcontract for defense aTraignment 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. Lega1 intems 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 qiY OF �,, Federal C;i f Y HAI.L W�� 33325 8th Avenue South Federai Way, WA 980Q3-6325 (253} 835-7000 ariv►v, cityvffe.dert�lwr�y com EXHIBIT "B" COM PENSATI ON l. Comt�nsation. 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 Fifly 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 00i100 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 sha11 pay an extra Fifly 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 Ex�nses. 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 reasanable costs, shall be compensated according to invoices; provided, however, that such costs shall be deerned 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 prepazation or processing, court appearances, case negotiations, administration, or similar services normally related to legal representation. The City shall reirnburse 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 Pa�. 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 sha11 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 Contractar sha11 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 ACiREEMENT - 10 - Conflict Public Defender CITY c7F "' i " . (.;i f Y HHLL W�� 33325 8th Avenue Sauth Federa! Way, WA 98Q03-�325 (253j 835-7000 av��iv c�ty�ffeder��iw��y cvrri EXHIBIT "C" 1 NSIJRANCE Contractor's Insurance Certificate attached PROFESSIONAL SERVICES AGREEMENT - 11 - Conflict Public Defender � �' � { Daniels-Head � Insurance � Agency March 26, 2013 Mr. David O DAVID O DEFEfdSE, PLLC 2211 Elliott Avenue, Suite 2Q0 Seattle, WA 98121 RE: Lawyers Professiana) Liability Insurance Zurich North America Policy Number: LPL 9d6453S-04 Dear Mr. O: 550 South Paseo Dorotea • Paim Springs, CA • 92264 P.O. 8ox 1604 • Palm Springs, CA • 92263-1604 Ph: 800.848.7160 Fax:877.368.5788 www.dhia.com The enclosed endorsement amends your policy as follows: Change in Limit af Liability. Please attach to your policy and retain in your files. It is important to review the endorsement carefully and contact us if cha�ges are needed. Ifi we can be of further assistance, please let us know. Respectfu Ily, . � 1a es Collier Franklin 1C /ddp jf 7@dhiaca.com Enciosed as stated Daniels-Head Insurance Agency, Inc. license q0568952 Endorsement #001 Change in Limit of Liability Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Aace of Pol. Efi: Dsu of Bnd. Producer Add'1. Pcem ReEUm Prem. LPL 9064535 04 OS/20/2012 OS/ZO/2013 03/18/2013 09268000 S 0.00 S 0.00 Named Insured and Mailing Addresa: DAViD O DEFENSE, P.L.L.C. 221 I Eltiott Avenue Suite 200 Seattle, WA 9$l21 Producer: DANiBLS-HfiAD INSURANCE AQENCY, INC. PO BOX 1604 PALM SPRiNC�S, CA 92263-1604 THIS ENAORSEMENT CHANGES THL POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under: Lawyers Professional Liabiltty Policy In consideration of the premium referenced above, it is agrecd that the limit of liabi[ity as shown on thc Declarations is amended to read as fo(lows. Atl other terms and conditions of this policy remain unchanged. fiach Claim $ 500, 000 Aggregate $ 508, 000 Signed by: Authorized Representative 03/25/2013 Date _ U-Pir1114-A CW (04/00) Page 1 of 1 Summary of Change ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of Bnd. Producer Add'L Prem Refiun Prom• LPL 9064535 04 05/20/2012 OS/20/2013 03if8l2023 D92b8000 $ 0.00 S 0.00 Named Insured and Mailing Address: DAVID O DEFENSE, P.L.L.C. 2?I 1 Elliott Avcnue Suite 200 Seattle, WA 98121 Prodacer: DAI4IELS-iiEAD INSURANCE AGENCY, INC. PO BOX ib04 PALM SPRINGS, CA 92263-1604 THIS IS A SUMMARY OF CHANGES TO THE POLICY. This policy k►as been amended to the following: CHANGBD PROFESS[ONAL LIABILITY PBR GLALM LIMIT TO $500,006 CHANGED PROFESSIONAL LTABILI'CY AdCiRBGATE LIMIT TO $500,000 E°UI,J., THRM PREMIUM iNCGUDING TH1S TRANSACTION: S 1,282.60 PREMIUM fiFFBCT aF THIS TRANSAC['ION: $ 80. t0 AIl other texms and conditions of the policy shall apply and remain unchangcd. LPT.-4020-A CW {08/67) Page 1 of t Policy Number LPL 9064635 04 3CMEDU�E OF TAXES, SURCHARGES OR FEES Named Insured Effective Date: 03J18/2013 DAViD O DEFENSE, P.L.L.C. 12:01 A.M., Standard Time Agent Nams Agent No. 09268000 DAIdIELS-HEAD INSURANCE AGENCY, INC. WASHINGTON REGULATORY SURCHAR{3E 0.10 v-au-�t6-n cw �ioros} IX �: $�iQl�l .� � � .. � . .,I. C ubje� Rc Conflict Pab�c DeFtrMa fw CN�r o( Fedgal WaY -- - -- —_ _ _ 1 _, �a': Mr. Cain, . 'Ihank you for oontxting me. I am sttl very irrterested in pn�viding services for Federal Way. We sre awaitlng aur insuranoe auvenge for 2013. tt was apparentiy rtare difHwR for them to modffy our wverages in the middte of our term than what I expected. 1 wil forward the i►wranc� info asap. In regards to meeting dients 1 do meet w dierrts at the off'�ce but don't antirlpate meeting many FW cients there. Siwerely D�vid O Defense = 2231 E6ott Avenue, Suite Z00 Sestde, washington 98121 Te1:206.459.6391 www.davidodetense.com �� CfTY OF ����i �' ��� EXHIBIT D RE90LUTION NO. 12-624 C:I t Y HALL 33325 8th Avenue South FederaE Way, WA 980d3-6325 (253} 835-7000 cvivFV. �ttyvife.deralevay co�r� A RE90LUTION d the City Coundi a�f the City vi Fede'� Way, Washington, Adopting a C�Wei�ting 9ystem for P�lic Defer�e Stand�'ds WHEREAS, the Washington Supreme Court issued an Order June 15, 2012 establishing numeric caseload standards for public defenders; and WHEREAS, Standard 3.3 provides that the City may implement a case-weighting system, provided the City Council adopts and publishes it; and WHEREAS, the case weighting system has been reviewed by public defense attomeys, municipal court judges, and representatives from the O�ce of Public Defense. NOW T�-�REFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, T�ESOLVES AS FOLLOWS: Section l. Ca$e Weightin� S, s� The attached policy and numerical weighting of cases is adopted. e tion 2. Severabilitv. 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. Se i n 3. ,�.orrections. 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 � C17Y Of C:I 1 Y HALL � �� � � �� � ��� 33325 8th Avenue South Federai Way, b`VA 98003-6325 (253} 835-7000 a+��v�v crtYOfleci�re7lwz� carrt 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 TI� CITY COUNCIL OF TF� CITY OF FEDERAL WAY, WASHINGTON this 18� day of September, 2012. Cl TYOF FEDERAL WAY /S/ MAYOR, SKIP PRIEST ATTEST: /S/ CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO F(�RM: lSI CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY 'THE CITY GOUNCIL RESOLUTION NO.: , 9J11/2012 9J18/2012 12-624 PROFESSIONAL SERVICES AGREEMENT - 13 - Conflict Public Defender CITY OF � Federal CITY HALL ��� 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 �v�vw ciryoffe�i�r�hvriy cam 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 cita.tions 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. l Definition of Appointment: Ap�intment 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 caseslyear = 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 tota.l 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 lea.st 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.� (540 cases/yr = 48 weeks (240 working days) = 11.25 cases per week �- 5 days = 2.25 cases/day) Pdicy: Provide Public Defenders at the anaignment or first appearances even though the defendant has not been screened to determine qua.lifications 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 arraigntnents.s Through contract negotiations the Primary Public Defense Firm serves as attorney of the day at all arraignments to provide information and counsel to all defendants even though they may not be appointed to defend them. 1 Standazd 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 attomey in all criminal proceedings PROFESSIONAL SERVICES AGREEMENT - 14 - Conflict Public Defender CITY OF ,� Federal CITY HALL W�� 33325 8th Avenue Sauth Federal Way, WA 98003-6325 (253j 835-7000 �v�vw� cityaffecieralway com As a result, the City recognizes the additional time, but will not count each matter as a case because it does not meet the definition of a case per the Supreme Court Order (i.e. the attorney has not been assigned to the case), and it could be an unconstitutional gift of public funds for those defendants who are not indigent. However, the City's calculation of cases under the weighting system identified below will address the additional time at arraignment by countin� it as five percent (5%) quarterly cases assigned for the entire firm to be divided. PbliGy.' 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 Pdicy: The City will weigh Federal Way crimes as listed in the atta.ched Exhibit A.9 The weighring was provided by the public defenders, reviewed by the Municipal Court Judges, and presented to O�ce of Public Defense representatives before implementa.tion. 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 fra.ction. Pdicy: T'he City will continue to utilize altematives and considers the review/probation hearings as part of an ongaing case.'o A review/probation hearing will only be counted as a case if the defendant was previously represented by a different public defense firm.11 A review/probation hearing without a new criminal charge under this defuution will count as 1/3 of a case.'Z 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 � Standard 3.6 {Bxv) Stipulated Order of Continuance, Deferred Prosecution and Deferred Sentence can be weigi�►ted 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 upan complexity lo Standard 3.6 Cases may be weighted downwards 11 Standard 3.6 Cases may be weighted downwards 12 Standard 3.3 Matters not involving a new criminal charge may be weighted 13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the complexity PROFE5SIONAL SERVICES AGREEMENT - 15 - Conflict Public Defender CITY QF � Federal Way ExMiBiT �a CITY HAI.L 33325 8th A�enue South Federal Way, WA 98003-6325 (253) 835-7000 dvFV�v c.iryoffederalway cam CHARGE FWRC wEIGHT ABANDOING OR DISCARDING 6.75.010 REFRIGERATION E UIPMENT 2/3 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN TF� THIlZD DEGREE 1 ABANDONMENT �F A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE, 1 Domestic Violence ACTS PROHOBIT'ED 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 AIRGIJN — UNLAWFIJL USE 6.25.020 1 ALLt�WING A MIl�TOR TO FREQLJENT 6.10.010 TRAVEN 1/3 ALLOWING UNAUTHORIZED PERSON 8.05.010 TO DRIVE 1/3 ALTERED SERIAL NUMBERS ON 6.25.410 VEHICLE / WEAPON 1/2 ANIMAL CONTROL VIOLATI�NS (City 9.18.100 Com laint 1 ANIMAL CRLTELTY, Abuse 9.18.010 1 ANIMAL CRUELTY, Transporting or 6.75.030 Co�nin 1 ASSAULT IN T� FQURTH DEGREE 6.35.010 1 ASSAULT IN TF� FOURTH DEGREE, � 6.35.010 Domestic Violence 1 ATTENiPTED TI�FT 6.05.060 1/3 BARRATRY RCW 9.12.010 6.40.014 1/3 BAIL NNiPING 6.50.030 2/3 BOXING, MARTIAL ARTS, WRES'TLING 6.SSA25 2/3 BUYING,DEMANDING OR PROMISING REWARD TO PUBLIC OFFICIAL RCW 9.12.020 6.40.010 2/3 CAMPING IN T'HE PARK 4.05.160 1/3 CANCELLED LICENSE PLATE OR 8.05.010 REGISTRAT'ION 1/3 CARRYIlVG A CONCEALED PISTOL 6.25.010 WITHOUT A LICENSE 2/3 PROFESSIONAL SERVICES AGREEMENT - 16 - Conflict Public Defender ci�rv aF � , � • :I CITY HALL ��� 33326 8th Avenue South Federai Way, WA 98003-6325 (253) 835-70QQ tnvw c+tyoffeder<7fdvay cprn CARRYING OR DISPLAY OF WEAPONS 6.25.010 RCW 9.41.270 1/3 COERCION 6.35.014 1 COERCION, Domestic Violence 6.35.010 1 COIvIlVIERCIAL LICENSE RE UIRED $.05.010 1/3 COMMUIVICATION WITH NIINOR FOR 6.45.080 IlVIMORA.L 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 DELIN UENCY OF A MINOR 1I2 CRIlVIINAL IMPERSONATION 1N THE FIRST DEGREE RCW 9A.6D.04U 6.40.010 1 CRIlVIINAL IlvIPERSONATION IN THE SECOND DEGREE 9A.60.045 6.40.010 1 CUSTODIAL 1NTERFERENCE IN TI-� 6.35.050 SECOND DEGREE 1 CYBERSTALKING 6.35.� lU 1 DISORDERLY CONDUCT 6.55.010 1/3 DISORDERLY CONDUCT IN A CITY 6.55.055 pARK ll3 DISRUPTION OF SCH�4L ACTIVITIES 6.30.040 2/3 DRIVIl�G 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 8.05.010 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 PER.SONAL 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} - VI�LENCE 1 PROFESSIONAL SERVICES AGREEMENT - 17 - Conflict Public Defender CITY OF � Federal CITY HALL ��� 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 4»nv crryoffed�ral►v� com FAILING TO OBTAIN 1NITIAL 8.05.010 REGISTR.ATION 1/3 FAILURE TO DISFERSE 6,55.020 1/3 FAILURE TO GIVE INFORMATION, 8.05.010 RCW 46.61.020 1/3 FAILURE TO OBEY POLICE OFFICER.S, 8.05.010 FLAGMAN OR FIRE FIGHTERS 46.61.021 or .22 1/2 FAILURE TO OBTAIN A T'EMPORARY 12.25.010 and BUSINESS LICENSE 7.05.070 2/3 FAILURE TO OBTAIN LICENSE FOR 6.40.050 MASSAGE PRACTITIONERS � 2�3 FAILURE T4 OBTAIN FF�EGISTRATION 8.OS.Q10 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 $.05.010 RESPONSIBILITY / 1NSURANCE 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 ReW 9.43.100 6.40.010 l/2 FRAUD OPERATING COIN BOX IN TELEPHONE OR OTHER RECEPTACLE RCW 9.26A.120 6.40.010 1/3 FRAUDLENT POSSESSION, 8.05.010 1��,'�'�R�TION, OR pI�P��� QF 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 NIINOR 6.10.020 2/3 GRAFFITI 6.30.020 1 GRAFFITI TOOLS 6.30.050 213 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 �ND RITN, ATTENDED VEHICLE 8.QS.O1Q RCW 46.52.020 1 HIT AND RUN, PROPERTY DAMAGE 8.05.010 RCW 46.52.010 2�3 HIT AND RIJN, tJNATTENDED VEHICLE 8.05.010 2/3 HUFFING 6.10.070 1 IDENTITY THEFT - NON-FELONY 6.40.025 1 IlV�ERSONATION 6.40.010 1 PROFESSIONAL SERVICES AGREEIVIENT - 18 - Conflict Public Defender c�TV aF � Federai Way CITY HALL 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 wuvw cityotfederalevay co�ra IMPERSONATION — POLICE OFFICER 6.40.010 1 INDECENT EXPOSURE TO A PERSON 6.45.020 OVER 14 1 INDEGENT EXPOSURE TO A PERSON 6.45.020 IJNDER 14 1 INTERFERING WITH THE REPORTING 6.35.070 OF DOMESTIC VIOLENCE, Dornestic Violence 1 ID 'THEFT 6.40.025 1 INTIMIDATING SCHOOL EMPLOYEE 6.'i5.010 1 ISSUANCE OF CHECKS OR T�RAFTS 6.30.010 1 KNOWLINGLY RECEIVING FRAUDULENT CONVEYANCE RCW 9.45.090 6.40.010 1/3 LEAVIl�TG 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 MAI�ING OR HAVING BURGLAR 6.30.030 TOOLS �/3 MALICIOUS MISCHIEF IN TI-� THIRD 6.30.020 DEGREE 2/3 MALICIOUS MISCHIEF IN THE TH1RD 6.30.020 T��G�, L?a��st�� Vial�n� � 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 ATTENiPTING TO PURCHASE 6.10.020 ALCOHOL 2/3 MINOR INTOXICATED IN PUBLIC 6.10.020 1/2 MIl�10R FRE tIENTING TRAVEN 6.10.010 1/2 MINOR IN POSSESSION OF LIQU(3R 6.10.020 RCW 66.44.2'10 2/3 11�IINQR MISREPRESENTINf'i AGE 6.1Q.QlU 2/3 MIl�TOR OPERATING VEHICLE AFTER 6.05.010 ALCOHOL CONSUMPTION ALCOHOL 1 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE 1 MISTREA'TNIENT IN TI� FOURTH 6.20.010 DEGREE, Domestic Violence 1 MISUSING OF DEALER PLATES 8.05.010 1/3 PROFESSIONAL SERVICES AGREEMENT - 19 - Conflict Public Defender CITY OF �, Federal GTY HALL W�� 33325 8th Avenue South Federai Way� WA 98003-6325 (253) $35-7000 tv4v�ar eityoffecier�iway coa� 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 WTTHOUT IDENTIFICATION 1/3 OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3 OPERATING A VEHICLE WITHOLJT 8.05.010 IGNI'fION INTERLOCK 1�2 P.ARK AFTER HOURS Ci Com laint 4.05.060 1/3 PATRONTZING A PROSTITUTE 6.45.070 1/3 PARK FIRE 4.05.210 PERMITTING LJNUSED EQUIPMENT TO 19.05.340 REMAIN ON PREMISES i PHYSICAL CONTROL OF A M�TOR 6.15.010 VEHICLE WHILE UNDER THE INFLiJENCE OF 1NTOXICATION (under 21 ears 1 PHYSICAL CONTROL 6.15.010 1 ��"�'�?�, AId'���TG 6.�5,014 �/� PISTOL WITHOUT PERNIIT 6.25.010 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 ANOT'HER'S I�ENT'iFICAit(.�N RCW 9A.S�.130 �.40.010 1/3 POSSESSION OF DANGERlJUS WEAPON 6.25.010 1 POSSESSION OF DANGEROUS WEAPON 6.25.010 ON SCHOOL PROPERTY 1 POSSESSIQN OF I�RUG f.1Q,Q40 PARAPHERNALIA 1/3 POSSESSION 4F EPHREDINE, 6.10.030 PSEUDOPHREDINE, PHENYLPROPANOLAMIl�E 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 PROFESSIONAL SERVICES AGREEMENT - 20 - Conflict Public Defender � CITY OF ,� Federaf Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) $35-7Q00 ww�v ciryotfederalway cona POSSESSION OF PISTOL BY PERSON 6.25.010 AGE 18 TO, 21 1/3 FOSSESSION OF STOLEN ID 6.40.010 1!3 POSSESSION OF STOLEN PROPERTY 1N 6.30.010 THE THIRD DEGREE 2/3 POSSESSION, USE AND DISCHARGE OF 12.55.070 FIREWORKS 1/2 PROSTTTUTION 6.45.040 1/3 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 RACTIVG 8.05.010 1 RECKLESS BURNING IN T'HE SECOND 6.60.010 DEGREE 1 RECKLESS DRIVING RCW 46.61.500 8.Q5.010 1 RECKLESS ENDANGERMEN'I' 6.�5.010 1/3 RECKLESS ENDANGERIV�NT OF 8.05.010 ROADWAY WORKER 1/3 RECKLESS ENDANGERMENT, Domestic 6.35.010 Violence 1 ��[.��AI�'�Q GIV� �QRIVIATIQ�T TQ $.QS,Q1Q OR COOPERATE WI'TH POLICE RCW 46.61.020 1/2 RENDERING CRIMINAL ASSISTANCE 6.50.030 IN TI� THIRD DEGREE 1/3 RENDERING CRIlVIINAL ASSISTANCE 6.5Q.030 IN THE SECOND DE�REE 1/2 RESISTING ARREST 6.50.030 2/3 RIDING IN A PARK 1.10.010 4.05.040 4.05.340 1/3 k�IQT G.SSA24 l STALKING 6.35.040 1 STRANGiJLATION, Domestic Violence 6.35.070 2 1 SUSPENSION OF REGISTRATION RCW 8.05.010 46.29.605 Sus nded Plate 1/3 TAKING , CONCEALING, OR INJURING 6.75.030 A PET ANIlVIAL 1 TAMPERING WITH EVIDENCE 6.50.030 1 TAMPERING WIT'H FIltE 6.60.020 1 TAX ON CIGARETTES 6.75.110 2/3 TELEPHONE HARASSMENT 6.35.010 1 TELE��OIV� I�ARASSMEN'T, Domestic 6.35.010 Violence 1 THEFT IN 'THE THIRD DEGREE 6.30.010 1/3 PROFESSIONAL SERVICES AGREEMENT - 21 - Conflict Public Defender � GITY OF ,� Federal CITY HALL ��� 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-700Q t�vw cityoffed�rahvay cona TI�FT IN TF� THIRD DEGREE, 6.30.010 Domestic Violence 1 T'HEFT OF MOTOR VEHICLE FUEL 8.05.010 1!2 THEFT OF RENTAL PROPERTY 6.30.010 1/3 TI-�FT OF SHOPPING CART 6.30.010 1/3 THROWING OBJECTS AT CAR.S 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�N PREMISES / PROPERTY 1/3 TRESPASS, Domestic Violence 6.30.030 1 iJNAUTHORIZED CAMPING 1N A PARK 4.05.160 4.05.040 1.10.010 1/3 UNLAWFUL BUS CONDUCT 6.75.010 1/3 UNLAWFt7L ISSUANCE OF CHECKS 6.30.010 2/3 UNLAWFUL PRACTICES — OBTAINING A��I�TA�TGE — DI�P���±� QF i2�A&�'� RCW 74.08.331 6.40.010 1 ITNLAWFUL USE OF DEALER PLAT'ES 8.05.010 1/3 UNLAWFUL USE OF AIIZ GUN 6.25.020 URINATING IN PUBLIC 6.45.090 1/3 VEHICLE PROWLINCr IN T'HE SECOND 6.30.030 DE�rR.EE li3 VEHICLE PROWLING TOOLS (City 6.30.060 Com laint 1/3 VIOLATION OF ANIMAL CONTROL 6.30.060 REGULATIONS 1 VIQLATING A STAY QUT OF AREAS QF 6.42.11Q PROSTTTUTION ORDER 1/2 VIOLATION OF A CIVII., 6.35.060 ANTIHARASSMENT ORDER & KCSC VIOLATION �F �RDER FOR PROTECTION - AH 1 VIOLATION OF A CIVIL 6.35.060 ANTIHAREI5SMENT ORDER, Domestic Violence 1 VIOLATION OF A NO CONTACT 6.35.040 ORDER, Domestic Violence 1 VIQLATIQN C1F A NQTICE .4ND QRDER 1.15.Q4Q TO CORRECT 1 * VIOLATION OF A PROTECTION ORDER, 6.35.060 Domestic Violence 1 VIOLATION OF A RESTRAINIl�TG 6.35.070 ORDER � 1 VIOLATION OF A RESTRAIl�TING 6.35.070 PROFESSIONAL SERVICES AGREEMENT - 22 - Conflict Public Defender CITY OF .,"�....- Fed�eral CITY HAL� W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 tv�vw crtyofiederahvay catr ORDER, Domestic violence 1 VIOLATION OF A VOLUNTARY 1.1 S.O50 CORRECTION AGREElVIENT 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 12.1Q.220 CONDUCT 1 VIOLATION OF TI-� 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 �APQ�[� il�[ �GHQQ� 6,25�Q10 � PUBLIC DISTURBANCE NOISES ?.10.020 1/3 An and a11 misdemeanors not listed above 1/3 Any and a11 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 AGREENiENT - 23 - Conflict Public Defender Fo�, W-9 (ReV. Decehtbel'2011) Department of the Treasuty Intemal Revenue Servlce CV m � Q � �� 0 � L � Z � a� � � N � � on your Bustn�s Request for Taxpayer I GNe F°n" �� ldentification Number and Certification �B�er. � �t send to the IRS. name, Check appropdate box for federa! tax classiflcatlon: ` ❑ Ind(viduaVsole proprtetor ❑ C Corporation ❑ S Corporation ❑ Paitiershlp ❑ Trust/estaie � Umited Bability company. Enter the tax classiflcaUan (C,=C corpcxaatlon, S S corporation, P=paAnership) ► �� , street, anc �rr� � � Errter your TIM1t fi the appropriats box. The TIN provided m�ut match the name given on the "Name" Iine to avoid backup withhoiding. For ipdividuals, this is your social sec�uity number (SSI�. However, for a r�ident alien, sole propdetor, or disragarded entity, see the Part I instrucUons on page 3. For other eritities,lt is your employer identificaUon number (EIi�. If you do not have a number, see How to geta 71N on page 3. Note. If the �count is 1n more than one name, see ihe chart on p�qe 4 for guidelines on whose number to enter. name �3 3 -L Employer identlftca 'S S I 4 I�O Exerr►pt Payee �� number Under penaities of perjury, I certity that 1. The r�umber shown on tfiis form is my cflrrect ta�ayer identiflcaUon number (or I am waitlng for a number to be issued to me), and Z 1 am not subject to backup withholding because: (a)1 am exempt fi om backup withhold'mg, or (b) I have not been noilfied by the Intemai R�enue Service QRS) that I am subject to backup wiihholding as a resutt of a failure to report ali iMer�t or dividends, or (c) the IRS has notifled me that I am na Ionger subject to backup wltfihotding, and 3. I am a U.S. cit{zen or other U.S. p�son (deflned below). Cerhfication insiructions. You must cross out item 2 above ff yoa have been noiifled by the IRS that you are cunently subJect to baclaup withholding because you have failed � report alt irrterest and dividends on your troc retum. For real estate transactlons,ltem 2 do� not apply. For mortgage interest paid, acquisition or aaandonment of secured properiy, cancellation ofi debt, conMbutiorts to an indNldual retiremerrt arrangement (IFiP�, and generapy, paymertts other than Interest and dividends, you are not required to sigrr the certification, but you must provlde your correct TIN. See the fnstruetlons on pa�ie 4. _ i� Section references are to the Intemal Rev�ua Code uN�s otherwise noted. Purpose of Form A person who is reqWred to fiie an iriformaUon r�um wifh the lRS must obtaln your correct taxpayer identffication numbe�' (fIN) to report, for example, in�me paid to you, real esiate transaciions, mortgage interest you paid, acquisiUon or a6ar►donment of secured property, canceliation of debt, or conhibutions you made to an IRA. t3se Form W 9 only if you are a U.S. person (including a resident alien), to provide your coirect TIN to the person requestlng it (3he requsster} and, when app(Icabie, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issue�, 2. CerHfy tirat you are not �bject to backup wiihholdfng, or 3. C[aim exemption from backup wffhhalding if you are a U.S. exempt payee. If appUcab6e, you are aiso certiiying thaf as a U.S_ person, your aifocabte share of partnershi Income from a U S irade or busin�s Note. If a requester gives you a form otlier than Form W-9 to request your TW, you must u� the requester's form if It is substantia[ly si[tiilar ta this Form W-9. Definition of a US. persolt. For federal tax pur}mses, you are considered a U.S. person if you are: • An indivtduai who is a u.s. citlzen or u.s. residerrt alien, • A partnership, corporaiion, company, or associaUon created or organized in the United Shai� w under the laws of the Urdted Sffit�, • An estate (other than a foreigrr estate), or • A domestic trust (as deRned in Regulations section 3Q1.770'I-7). Special rules for partnerships. PaAnerships that conduct a trade or bus(ness in the United States are generaliy requfred to pay a withhol�ng tax on arry foreign partners' share of income irom such business. Further, in cerhaln cases where a Fortn W-8 has not been received, a parinership Is required to presume that a partner Is a foreign person, artd pay the withhoiding tax. Therefore, if you are a US. person that is a pariner in a parinership conducting a trade or busirress irt #he United Stahes, provfde Form W-9 to the partr'�ship to establish your U.S. staU�s and avoid wtthholding on your share of partnership tncome. anY p . . is not subject to the wlthholding tax on foreign partners' share of effectivety connected income. Cat No.10231X Folm �ll/-9 (Rev.12-2011)