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AG 13-182RETURN TO: KA-t�y EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: SE.-1 9 Frl eS L 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 FrPROFESSIONAL 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: COVA ItCk RAoli- De -ftia 6. NAME OF CONTRACTOR: ADDRESS: �CAD E -MAIL: k►�- 6e.►'Y� SIGNATURE NAME: 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: 7� 13 COMPLETION DATE: S I f 9. TOTAL COMPENSATION $ To o o • d (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, $ PURCHASING: PLEASE CHARGE TO: ©01 - t100 " 07.0 -516 -I I - Lf 10 10. DOCUMENT /CONTRACT REVIEW q PROJECT MANAGER �i �4 M AIO- ❑/ RISK MANAGEMENT (IF APPLICABLE) iW LAW PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED 11. COUNCILAPPROVAL (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 61 LAW DEPARTMENT Ct SIGNATORY (MAYOR OR DIRECTOR) WCITY CLERK d ASSIGNED AG# C9f SIGNED COPY RETURNED INITIAL/ DATE SIGNED ::w Q - 3.11-13 •1 AG# 13-1 DATE SENT: Ct • W • I? 11/9 CITY OF�"��^ r"� CITY HALL 7�r�:�rr [ivy l Way Feder 8th y, WA � St7ttth F Federal Way. if+/A 98003 -5325 (253) 835 -7000 saw cttyotrederatway con? PROFESSIONAL SERVICES AGREEMENT FOR CONFLICT PUBLIC DEFENSE ATTORNEY SERVICES This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and, Stein Lotzkar and Starr P.S., Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses: STEIN LOTZKAR AND STARR P.S., INC. Howard Stein 520 112th Ave NE Ste 101 Bellevue, WA 98004 -5557 (425) 643 -9424 (telephone) (425) 454 -8661 (facsimile) hsteingslsps.com The Parties agree as follows: CITY OF FEDERAL WAY: Skip Priest, Mayor 33325 8a` Ave S Federal Way, WA 98063 -9718 (253) 253- 835 -2402 (telephone) (253) 253- 835 -2409 (facsimile) Skip.priest @cityoffederalway.com 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 September 5, 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. 3. TEPuMINATION. 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. PROFESSIONAL SERVICES AGREEMENT - 1 - Conflict Public Defender CITY OF CITY HALL ' 33325 Feder l 8th Avenue South 44 F a Federal Way, WA 98003 -6325 (253) 835 -7000 Gvvvw crtyotfederahvw com 3.2 In the event of termination or upon completion of the Agreement, the Contractor shall continue to represent those clients who have already been assigned to the Contractor, including especially those cases currently set for trial; provided, however, that, after termination or 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. PROFESSIONAL SERVICES AGREEMENT - 2 - Conflict Public Defender CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wvvw cityoffederalway coax 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, 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. 631. 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 PROFESSIONAL SERVICES AGREEMENT - 3 - Conflict Public Defender CITY OF Federal Way CITY HALL 33325 $th Avenue South Federal Way, WA 95003 -5325 (253) 835 -7000 avwwv. o4vffederahvay. cam exempt from disclosure, it is the Contractor's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is deemed to have authorized releasing the record. If the City has notified the Contractor of a public disclosure request, and the Contractor has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Contractor obligations under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 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, PROFESSIONAL SERVICES AGREEMENT - 4 - Conflict Public Defender CITY OF CITY HALL 4 33325 Federal W' v Feder 8th Avenue South Federal Way, WA 9$003 -6325 (253) 835 -7000 www, cityoffederahvay. com 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 trial shall be provided by the City upon request. All documents will be delivered to the Contractor's 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 15. GENERAL PROVISIONS. 15.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall 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. If Exhibit A and/or B contain any term or provision inconsistent with this Agreement, Exhibit A and/or B shall override the provisions of this contract. 15.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non- assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. PROFESSIONAL SERVICES AGREEMENT - 5 - Conflict Public Defender CITY OF CITY HALL Federal Way Feder 33325 8th Avenue South Federal Way, Way, N1A 9$003 -6325 (253) 835 -7000 www.ci"ffederalway.com 15.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and City laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective; as well as the Rules of Professional Conduct adopted by the Washington State Bar Association. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 15.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's 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. 15.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 6 - Conflict Public Defender CITY OF CITY HALL 8th Federal Wiry 3332r 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7010 www cttyoffederaiway. corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Pries , Mayor DATE: �� 21 Zo 13 STEIN LO TZ AND STARR P.S., INC. By: Printed Name: Howard Stein Title: President J! DATE: STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ATTEST: (' . A&T nM,j OLP City Clerk, Carol McNeilly, CA4C APPROVED AS TO FORM: imm6�i�YGCXJ' City Attogify, Patricia A Richardson On this day personally appeared before me Howard Stein, to me known to be the President of Stein Lotzkar and Starr P.S., Inc. 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 �_ day of _ �MbtK 2013. Notary's signature Q. Notary's printed name Notary Public fn and for the tatq of Washington. of My commission expires pMNNN1�r A M!► h/ E>� wl► fit. l�ti PROFESSIONAL SERVICES AGREEMENT - 7 - Conflict Public Defender CITY OF CITY HALL Fede r ' Way Feder 8th Avenue South Federal Way, V+lA 9$003 -6325 (253) 835 -7000 www cltyoffederatway cam 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 to Corey Dewayne Dance in the RAU appeal for Federal Way Municipal Cause No. 3ZO496505 only. 2. Confidentiality of Contractor's Work Product. The Contractor will not be required to maintain the confidentiality of information provided by the City and contractor's work product shall remain in the control and ownership of the contractor and/or their client. 3. 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. 4. 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 or designee will be cause for removal of that employee or designee from appearance in Federal Way courts and/or contract termination. 5. 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. 6. Bar Complaints. The Contractor will immediately notify the City in writing when he /she becomes aware that a complaint has been lodged with the Washington State Bar Association of any attorney who is a member of the Contractor's staff or working for the Contractor. 7. Associated Counsel. Contractor shall notify the City of any counsel or intern employed or contracted with by the Contractor to work in the assigned case. 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 . Sermices.,-.1het Coutractor 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. Legal interns may be used only .in accordance with Washington State Practice Guidelines and only if properly supervised by the Contractor. PROFESSIONAL SERVICES AGREEMENT - 8 - Conflict Public Defender 4 CITY OF 3332 HALL Federal a Feder 8th Avenue South 003 Federal Way, trVA X8003 -6325 (253) 835 -7000 www c tyo federalwey cam EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Five Thousand and no /100 Dollars ($5,000.00) based on the method of compensation below. 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Fifty and no /100 Dollars ($50.00) per hour 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. PROFESSIONAL SERVICES AGREEMENT - 9 - Conflict Public Defender ACORD, CERTIFICATE OF LIABILITY INSURANCE TM DATE(MM/DD/YYYY) 06/26/2013 THIS CERTIFICA'T'E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA i E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RUSH DRAKE INSURANCE, INC. 12354 LAKE CITY WAY N.E. P. 0. BOX 27167 SEATTLE, WA 98165 -1S67 ONTACT NAME: AICCC,N EXt:206.363.0550 ac, Ne:206,365.0699 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC8 INSURER&: American Economy Ins Co 19690 INSURED STEIN, LOTZKAR & STARR PS 520 112TH AVE NE STE 101 BELLEVUE, WA 98004 INSURER B: 07101/2013 INSURERC: EACH OCCURRENCE INSURER D: hu PREMISES Ea occurrence INSURER E: MED EXP (Any one person) INSURER F PERSONAL & ADV INJURY COVFRAaFC CERTIFICATE NUMBER: 13/14 GI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—X] OCCUR X 02BP5976S87 07101/2013 07/01/2014 EACH OCCURRENCE $ 2,000,00 hu PREMISES Ea occurrence $ 2,000,000 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 2P000,00 GENERAL AGGREGATE $ 4 , OOO , 00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC nINULE PRODUCTS - COMP /OP AGG $ 4,000, $ AUTOMOBILE LIABILITY ANY AUTO ALLOOWNED SACOEDULED HIRED AUTOS AUT SEED LIMIT Ea accadent $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Per accident $ $ UMBRELLA LU\B EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVFj --I OFFICERANEMBER EXCLUDED? u (Mandatory in NH) If Dyes, describe u OPERATIONS below N / A OTH TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is shown as Additonal Insured as Building Manager /Lessor for space leased by Named Insured. CERTIFICATE HOLDER CANCELLATION — WOMI.` Ar _ ®1988 -2070 AGVKLI GVKYVKA I IVIV. An rgnT,s reserves. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED PO FORE THE EXPIRATION DATE THEREOF. NOTICE WILL 91PUBIVERM IN ACCORDANCE WITH THE POLICY PROVISIONS. G 520 Building LLC c/o Legacy Commercial LLC AUTHORIZED REP RESE IVE 400 112th Ave NE, #230 Bellevue, WA 98004 ---- ®1988 -2070 AGVKLI GVKYVKA I IVIV. An rgnT,s reserves. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Corporations: Registration Detail Corporations Division - Registration Data Search STEIN, LOTZKAR AND STARR, P.S., INC. Purchase Documents for this Corporation » UBI Number 601010605 State Category PRO 98004 f.. Profit/Nonprofit Profit BELLEVUE , WA 98004 Active/Inactive Active State State Of Incorporation WA BELLEVUE , WA 98004 WA Filing Date 02/27/1987 520 112TH AVE NE # 101 Expiration Date 02/28/2014 BELLEVUE , WA 98004 Inactive Date Duration Perpetual Registered Agent Information Agent Name HOWARD S STEIN Address 520 112TH AVE NE #101 City BELLEVUE State WA z ' ZIP 98004 f.. Special Address Information " Address' BELLEVUE , WA 98004 City - State Secretary Zip BELLEVUE , WA 98004 Governing Persons Page 1 of 2 Title Name Address 520 112TH AVE NE #101 President,Chairman STEIN, HOWARD BELLEVUE , WA 98004 520 112TH AVE NE #10 1 Secretary STARR , CARA BELLEVUE , WA 98004 520 112TH AVE NE # 101 Treasurer LOTZKAR , STEPHEN BELLEVUE , WA 98004 Purchase Doctm3euts for this Co oration Y, http: / /www.sos.wa.gov /corps /search _ detail.aspx ?ubi = 601010605 Wed- 9/04/13 Corporations: Registration Detail Page 2 of 2 http: / /www.sos.wa.gov /corps /search_ detail. aspx ?ubi= 601010605 Wed - 9/04/13