AG 13-214 II RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: (/ 011S 9P6
. ORIGINATING STAFF PERSON: -u EXT: 3. DATE REQ.BY:
. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
`CONTRACT AMENDMENT(AG#): 13 211-1 ❑ INTERLOCAL
❑ OTHER �n'/
. PROJECT NAME: ?tJ%b\ , S'�✓ VIL
1
NAME OF CONTRACTOR: 4-1A(A)V-laS (..X.414)
ADDRESS:"72-0 % . I � _,`.� . I i . . TELEPHONE IN,- 2A1
E-MAIL: Kkwt,0 _ . v, '1. . • FAX:
SIGNATURE NAME: 1I TITLE POW-hewe5 ---
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
TERM: COMMENCEMENT DATE: Jowl t ) #2,0(61 COMPLETION DATE: L.j,kciae, 3,0
2-0 19
. TOTAL COMPENSATION$ . t 1 DV-- IY\I--_1 %\f `-e-. (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR C ARGE-ATTACH SCI-IEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:Q3-YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES CRMO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
XI PURCHASING: PLEASE CHARGE TO: (Qt IWO OW 5 -Q.1 - i d
0. DOCUM ENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
L] PROJECT MANAGER _
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE) ��
❑ LAW G 1t 15 l
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING i
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 1,'( \`\'
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE S GNED
,..)0;#L W DEPARTMENT ' C _
IGNATORY(MAYOR OR DIRECTOR) V VAINNW,
/CITY CLERK MAK _
� ASSIGNED AG# AG# 1 •
SIGNED COPY RETURNED DATE SENT: a \3-,%
:OMMENTS: •
InnlR
CITY OF CITY HALL
Federal Way
33325 8th Avenue South
Federal Way,WA 98003-6325
(253;, 835-7000
wv,wcityotl.xieraI43y.corn
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
PUBLIC DEFENDER SERVICES
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Hawkins & Crawford, PLLC, a Washington professional limited liability corporation
("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent ofthe
Parties,agree to amend the original Agreement for Public Defender Services("Agreement")dated effective January
1, 2014, as amended by Amendment No. 1, as follows:
1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than June 30, 2019 ("Amended Term").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment,as delineated in Exhibit B-2,attached hereto and incorporated by this reference.The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s)for the Amended Term. Except as otherwise provided in an attached Exhibit,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.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by
either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments,as it existed prior to this Amendment.The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 3/2017
CITY OF CIT(HALL
33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cttyottroderalway corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
By: �,-A al UAW tW '
Ji '#rri Mayor to h�nie Courtney, CMC, ty Clerk
DATE: / LJ APPROVED AS TO FORM:
J. Ryan Call, City Attorney
HAWKINS & CRAWFORD, PLLC:
By:
.
Printed Name: 9 ,r.,., , _A., Ai.,/
Title: vy�'rt�r,-104
Date: 4/....zeileior. 1 '��/V
STATE OF WASHINGTON )
) ss.
COUNTY OF t Q )
\\4'
O this day personally appeared before m If �3 sv1l��t� Lf`,` to me )known to be the
(O Wkr c[ r\i`I - of ��6t,J W�vvC, vikw t e that executed the foregoing
instrument,a d acknowlec ged 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 mkk,,l1/4g94tgjl'official seal this day of_ ' '',eMn� 'A , 00.
MARS //
al 1
q N d,,,b `( yi Notary's signature A` \ C I '' . AL
X4.7 it '"4 i Notary's printed name N„r' , m r't 1�-- 1�
Z z i p ;, Notary ' blic n and for the S ate f Washington.
S My o,mi 'o expires ���1 � 141
ii 0,.48411 ;v0 c34"IF
ills, OF
AMENDMENT -2 - 3/2017
4%, Ciiv ow CITY HALL
Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 635-7000
www cityoftederatw ay corn
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Compensation. In consideration of the Contractor providing the Services authorized in Section 1 of the
Agreement and described in Exhibit A of the Agreement during the amended term of the Agreement and thereafter
as provided in Section 3.2 of the Agreement,the Contractor will be compensated for cases with a retainer adjusted
with a per case fee, with additional compensation for appeals, and expert and investigator fees as set forth below.
1.1 Case Compensation.Beginning January 1, 2019,the City shall pay the Contractor a one-time lump
sum of Ten Thousand and no/100 Dollars ($10,000.00). Additionally, the City shall pay a retainer each month of
Thirty-Six Thousand Two Hundred Seventy and no/100 Dollars ($36,270.00) after receipt and approval by the
appropriate City representative of the invoice.The monthly retainer invoice shall be submitted on or before the 3rd
day of every month in order to receive payment in the City's check run on the 15th. In the event the total number of
cases (as defined in Exhibit A) exceeds 1560, the City shall pay an additional One Hundred Forty and no/100
Dollars ($140.00) per case for any additional cases above 1560, after receipt and approval by the appropriate City
representative of the invoice. Contractor agrees not to seek payment from the City for any case that subsequently
requires a conflict attorney to be appointed. Contractor agrees not to seek payment from the City for any case where
the Contractor determines at any time that a defendant is not eligible for assigned counsel.
For cases that have been assigned to the Contractor for post-conviction review where that Contractor has not
previously been assigned to the case,the City shall pay the Contractor Thirty-Five and no/l00 Dollars($35.00) per
case.
Additional charges beyond the monthly retainer fee shall be submitted by invoice for review and approval by
the appropriate City representative and shall be payable within 60 days after receipt by the City.
1.2 Appeal Compensation. The City shall pay the Contractor Four Hundred and no/100 ($400.00) per
case appealed for all appellate services. In addition, the City will pay Contractor for the cost of transcription.
Payment for the appeal shall be made after the brief is filed with the court. Reimbursement will be paid when the
invoice is submitted.
1.3 Reimbursable Expenses. Compensation is based on a monthly retainer. Upon prior approval by the
City, investigation services will be billed at a rate of Thirty and no/100 ($30.00)per hour. Other reasonable costs
consistent with State v. A.N.J., 168 Wn.2"d 91 (2010)will be paid by the City, including costs for expert services,
costs and charges associated with records requests or incurred by necessity to defend an indigent client at critical
stages of their case. No additional fees, costs, or any other reimbursable expenses will be allowed except as
specifically provided for in this agreement. Extraordinary expenses may be submitted in writing to the City for
consideration.
1.4 Expert Services and Investigator Fees.The City shall reimburse the Contractor for reasonable expert
witness or investigator fees necessary to provide effective legal representation at a reasonable market rate where the
court orders such expert or investigator to be employed upon motion of the Contractor.
1.5 JIS —Judicial Information System. The City shall also provide Contractor with access to JIS in an
equivalent manner as the City Prosecutor's Office. Such access shall include the ability to utilize JIS before,during,
and after court proceedings on lap tops supplied by the Contractor.
AMENDMENT - 3 - 3/2017
i
4%11t, CITY of40144444., Federal Way CITY HALL
33325r 8th Avenue South
Federal Way,WA 9800303
-6325
(253)835-7000
www crtyoffederalway.corn
2. Method of Payment. The monthly retainer invoice shall be submitted on or before the 3rd day of every
month in order to receive payment in the City's check run on the 15`"
The Contractor shall also submit a monthly report pursuant to Section 5 of Exhibit A of the Agreement and shall
submit to the City an invoice with all appeal costs,or expert or investigator fees. The report and the services will be
submitted to the City by the third day (3`d) day of the following month for services of the prior month. Payment
shall be made thirty(30)days after receipt of such report and invoice. If the Contractor fails to submit by the third
day (3rd) of the month the City may pay Contractor within 60 days of receipt. If the Services do not meet the
requirements of this Agreement,the Contractor will correct or modify the work to comply with the Agreement.The
City may withhold payment for such work until the work meets the requirements of the Agreement.
3. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes
imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
AMENDMENT -4 - 3/2017
11
RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: r oc 0111
c¢-
2. ORIGINATING STAFF PERSON:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE �J
CONTRACT AMENDMENT (AG #): IS - 214
❑ OTHER
EXT: 3. DATE REQ. BY:
5. PROJECT NAME: De.
6. NAME OF CONTRACTOR: -1 Cdr
Sexv‘cx. aoirf -aolg
ADDRESS:1ZO 616' S‘' • Sim 101 . C>zd.smJ► klit .0 yo,• TELEPHONE 2047 - aq l -$O)1
E -MAIL: \i1r10w,w\ur•g1Qu,.) ® q • Goy+ FAX
SIGNATURE NAME: Viorosn��'F )M 'I' n Caraju.t�'� TITLE as�tYlcXS
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: '30„r pi o\4
COMPLETION DATE: gv " 31-001%
9. TOTAL COMPENSATION $ ?Oa 2,-11t) 1
1 ' a (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: VcYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES IINO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
)(PURCHASING: PLEASE CHARGE TO: C::) l - 1 1,00-* Vat) ' 0315' 91- L11 d
10. DOCUMENT /CONTRACT REVIEW INITIAL /DATE REVIEWED INITIAL /DATE APPROVED
❑ PROJECT MANAGER
DIRECTOR C(11e) 0) 45
❑ RISK MANAGEME T ( APPLICABLE)
g LAW
11. COUNCIL APPROVAL (IF APPLICABLE)
We iofzs -( v6
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING tai
X711
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
'FLAW DEPARTMENT
CHIEF OF STAFF
SIGNATORY 0:1627.QB.OR DIRECTOR)
tXCITY CLERK
ASSIGNED AG#
SIGNED COPY RETURNED
COMMENTS:
INITIAL / DATE SIGNED
IL' O ..1
ir' u ice/
-
At " 3'a\ •
DATE SENT:
Vecieral Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835 -7000
Y:1VLY.crtwftecie7ai ' V(lain
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
PUBLIC DEFENDER SERVICES
This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Hawkins & Crawford, PLLC, a Washington Professional Limited Liability
Corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by
mutual consent of the Parties, agree to amend the original Agreement for Public Defender Services
("Agreement") effective January 1, 2014, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 2 of the Agreement and any
prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any
event no later than December 31, 2018 ( "Amended Term ").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. Except as
otherwise provided in an attached Exhibit, 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. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts
done by either Party consistent with the authority of the Agreement, together with any prior amendments
thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified
as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this
Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The
Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this
Amendment, which is binding on the parties of this contract.
AMENDMENT
[Signature page follows]
1 1/2015
[ITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835 -7000
vim vcrtyoffederativaycon)
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By: /64if-...
Jim Fe' . yor
DATE: / / / / /ej
DATE: /i .,1- 4,
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ATTEST:
nie Courtney, CM
APPROVED AS TO FORM:
Clerk
8-(Z
City Attorney, Y%- ,-Tel,M CA I\
By:
MATTHEW T. CRAWFORD
Partner / Manager i0i/2 1//b
On this day personally appeared before me Karama H. Hawkins and Matthew T. Crawford, to me known to be
the Partners and Managers of Hawkins & Crawford 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 they were 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 2-14'‘ day of , 2016.
Notary's signature
Notary's printed name
in and for the Nate ashington.
n expires D (°i I -0 t4)
EXHIBIT B -1
AMENDMENT - 2 -
1/2015
4k &ft Federal Way
COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835-7000
travc: t off deraIwavcorn
1. Compensation. In consideration of the Contractor providing the Services authorized in Section 1 of the
Agreement and described in Exhibit A of the Agreement during the amended term of the Agreement and
thereafter as provided in Section 3.2 of the Agreement, the Contractor will be compensated for cases with a
retainer adjusted with a per case fee, with additional compensation for appeals, and expert and investigator fees
as set forth below.
1.1 Case Compensation. Beginning January 1, 2017, the City shall pay a retainer each month of
Thirty-Six Thousand Two Hundred Seventy and no /100 Dollars ($36,270.00) after receipt and approval by the
appropriate City representative of the invoice. The monthly retainer invoice shall be submitted on or before the
3rd day of every month in order to receive payment in the City's check run on the 15"'. In the event the total
number of cases (as defined in Exhibit A) exceeds 1560, the City shall pay an additional One Hundred Forty
and no /100 Dollars ($140.00) per case for any additional cases above 1560, after receipt and approval by the
appropriate City representative of the invoice. Contractor agrees not to seek payment from the City for any case
that subsequently requires a conflict attorney to be appointed. Contractor agrees not to seek payment from the
City for any case where the Contractor determines at any time that a defendant is not eligible for assigned
counsel.
For cases that have been assigned to the Contractor for post- conviction review where that Contractor has
not previously been assigned to the case, the City shall pay the Contractor Thirty-five and no /100 Dollars
($35.00) per case.
Additional charges beyond the monthly retainer fee shall be submitted by invoice for review and
approval by the appropriate City representative and shall be payable within 60 days after receipt by the City.
1.2 Appeal Compensation. The City shall pay the Contractor Four Hundred and no /100 ($400.00)
per case appealed for all appellate services. In addition, the City will pay Contractor for the cost of
transcription. Payment for the appeal shall be made after the brief is filed with the court. Reimbursement will
be paid when the invoice is submitted.
1.3 Reimbursable Expenses. Compensation is based on a monthly retainer. Upon prior approval by
the City, investigation services will be billed at a rate of Thirty and no /100 ($30.00) per hour. Other reasonable
costs consistent with State v. A.N.J., 168 Wn.2^d 91 (2010) will be paid by the City, including costs for expert
services, costs and charges associated with records requests or incurred by necessity to defend an indigent client
at critical stages of their case. No additional fees, costs, or any other reimbursable expenses will be allowed
except as specifically provided for in this agreement. Extraordinary expenses may be submitted in writing to the
City for consideration.
1.4 Expert Services and Investigator Fees. The City shall reimburse the Contractor for reasonable
expert witness or investigator fees necessary to provide effective legal representation at a reasonable market rate
where the court orders such expert or investigator to be employed upon motion of the Contractor.
1.5 JIS — Judicial Information System. The City shall also provide Contractor with access to JIS in an
equivalent manner as the City Prosecutor's Office. Such access shall include the ability to utilize JIS before,
during, and after court proceedings on lap tops supplied by the Contractor.
AMENDMENT
3 1/2015
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
WV/IN ctyoffederaiwav com
2. Method of Payment. The monthly retainer invoice shall be submitted on or before the 3rd day of every
month in order to receive payment in the City's check run on the 15th.
The Contractor shall also submit a monthly report pursuant to Section 5 of Exhibit A of the Agreement and
shall submit to the City an invoice with all appeal costs, or expert or investigator fees. The report and the
services will be submitted to the City by the third day (31 day of the following month for services of the prior
month. Payment shall be made thirty (30) days after receipt of such report and invoice. If the Contractor fails
to submit by the third day (31 of the month the City may pay Contractor within 60 days of receipt. If the
Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to
comply with the Agreement. The City may withhold payment for such work until the work meets the
requirements of the Agreement.
3. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any
taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
AMENDMENT
- 4 1/2015
RETURN TO:
EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON:
m
EXT: 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
• CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
• REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE ❑ RESOLUTION
• CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL
'❑ OTHER
5. PROJECT NAME:
6.
NAME OF CONTRACTOR:
ADDRESS:
E -MAIL: ID
SIGNATURE NAME:
6)oi`"c
_ F
TITL- ir1Gr5 ��
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE:
COMPLETION DATE: 12. a l - I (p
9. TOTAL COMPENSATION � J a %Dejr (31�a (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ArTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: S
IS SALES TAX OWED
YES ❑ NO IF YES, S
❑ PURCHASING: PLEASE CHARGE TO: 001 ^,j= - Oao - 5tS - q l " L i lb
10. DOCUMENT /CONTRACT REVIEW
❑ PROJECT MANAGER
>rbIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
-g LAW
11. COUNCIL APPROVAL (IF APPLICABLE)
PAID BY: ❑ CONTRACTOR ❑ CITY
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
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
LAW D ORf4M yD
SIGNATOR DIRECTOR)
CITY CLERK
-6ASSIGNED AG#
tQ SIGNED COPY RETURNED
-uj or
COMMENTS: Lo
INI IAL / DATE SIGNED
a'je-
AG# 13 ^ 2 l
DATE SENT:
II /9
CITY or
1 CITY HALL - OFFICE of THE MAYOR
Fedel C1 333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.citvoffederalway.com
PROFESSIONAL SERVICES AGREEMENT
FOR
PUBLIC DEFENDER SERVICES
This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a
Washington municipal corporation ( "City "), and Hawkins & Crawford PLLC, a Washington Professional
Limited Liability Corporation ( "Contractor "). The City and Contractor (together "Parties ") are located
and do business at the below addresses:
HAWKINS & CRAWFORD, PLLC:
Karama H. Hawkins
Matthew T. Crawford
720 333rd St., Ste. 101
Federal Way, WA 98003
(206) 251 -2350 (telephone)
khawkinslawn,P-mail.com
(206) 291 -8018 (telephone)
The Parties agree as follows:
CITY OF FEDERAL WAY:
Skip Priest — Mayor
33325 8d' Ave S
Federal Way, WA 98063 -6325
(253) 253- 835 -2510 (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 a period of three years commencing on January
1, 2014 and terminating on December 31, 2016 ( "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. In light of the new public defense standards created by the Washington State Bar
Association and adopted by the Washington State Supreme Court, both parties recognize that unforeseen
variables may impact this agreement based upon the number of cases filed and assigned to Contractor, as
well as the number of reviews handled by Contractor. Therefore, on or before August 31, 2016, the City
and Contractor shall meet to mutually explore the extension of this Agreement upon mutually acceptable
terms and conditions. Provided, however, this willingness to discuss extension of the term of this
Agreement and compensation for providing indigent defense services does not constitute a binding
commitment or option to extend the term or revise compensation on part of either the City or the
Contractor.
PROFESSIONAL SERVICES AGREEMENT - 1 - Public Defender
HAWKINS I CRAWFORD, PLLC
CITY OF
CITY HALL- OFFICE OF THE MAYOR
Federal Way
33325 81h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalway. com
3. TERMINATION.
3.1 Prior to the expiration of the Term, this Agreement may be terminated with just cause by
the City or the Contractor. Just cause shall be defined to mean the failure of either party to perform its
obligations as described in this Agreement, including any violation of the Rules of Professional Conduct
(as determined by the Washington State Bar Association) by any employee or agent of the Contractor,
when such failure has not been corrected to the reasonable satisfaction of the City or Contractor,
respectively, in a timely manner after notice of breach has been provided to the other party. Just cause
shall include, and the City may terminate this Agreement immediately, if, as required by this contract, the
Contractor, employee, or designee fails to adequately represent defendants, willfully disregards the
defendant's interests, or fails to maintain required insurance policies, breaches confidentiality, or
materially violates Section 12.
3.2 In the event of termination or upon completion of the Agreement, the Contractor shall
continue to represent those clients who have already been assigned to the Contractor, including especially
those cases currently set for trial; provided, however, that, after termination or 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 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 rate(s) charged by it for
its services contracted for herein shall remain locked at the negotiated rate(s) for the term of this
Agreement, unless modified in writing pursuant to the terms of this Agreement. Except as otherwise
provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed
by any lawful jurisdiction as a result of the performance and payment of this Agreement.
5. INDEMNIFICATION.
5.1 Contractor 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.
PROFESSIONAL SERVICES AGREEMENT - 2 - Public Defender
HAWKINS I CRAWFORD, PLLC
CITY or
Federal ��
CITY HALL - OFFICE OF THE MAYOR
33325 8`" Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederatwa y. com
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the
Contractor waives any immunity that may be granted to it under the Washington State industrial
insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification
shall not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any other
benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this
waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the
Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -
contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations,
mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties
expenses, Contractor's fees, costs, and/or litigation expenses to or by any and all persons or entities,
including without limitation, their respective agents, licensees, or representatives, arising from, 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 cant' as a minimum, the following insurance,
in such forms and with such carvers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises,
operations, independent contractors, products- completed operations, stop gap liability, personal injury,
bodily injury, death, property damage, products liability, advertising injury, and liability assumed under
an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general
aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
C. Automobile liability insurance covering all owned, non- owned, hired and leased
vehicles with a minimum combined single limits in the 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 $2,000,000 per claim and
$2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this
Agreement, whether occurring by reason of acts, errors or omissions of the Contractor.
6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The
Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self -
insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
6.3 Additional Insured, Verification. The City shall be named as additional insured on all
commercial general liability insurance policies. Concurrent with the execution of this Agreement,
PROFESSIONAL SERVICES AGREEMENT - 3 - Public Defender
HAWKINS I CRAWFORD, PLLC
CITY OF CITY
33325 HALL A venue South
MAYOR
Federal Way
33325 8`h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. citvoffederalwa v. com
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 ofthree (3) years from the date this Agreement is actually terminated
or upon project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in
performance of this Agreement shall be considered confidential. Breach of confidentiality by the
Contractor will be grounds for immediate termination. If the City notifies the Contractor of a public
disclosure request, and the Contractor believes records are exempt from disclosure, it is the Contractor's
responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure.
The Contractor must obtain the injunction and serve it on the City before the close of business on the
tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary
decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the
Contractor is deemed to have authorized releasing the record. If the City has notified the Contractor of a
public disclosure request, and the Contractor has not obtained an injunction and served the City with that
injunction by the close of business on the tenth business day after the City sent notice, the City will then
disclose the record unless it makes an independent determination that the record is exempt from
disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the
City's ability to use goods and services provided under this Agreement or (b) the Contractor obligations
under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling
records in case of any public disclosure request.
8. FORK PRODUCT. The Contractor agrees to grant the City full access to materials necessary
to verify compliance with all terms of this Agreement for City indigent services only. At any time, upon
reasonable notice during business hours and as often as the City may reasonably deem necessary for the
duration of the Agreement and a period of six (6) years thereafter, the Contractor shall provide to the City
right of access to its facilities, including those of any subcontractor, to audit information relating to the
matters covered by this Agreement. Information that may be subject to any privilege or rules of
confidentiality should be maintained by the Contractor in a way that allows access by the City without
breaching such confidentiality or privilege. The Contractor agrees to maintain this information in an
accessible location and condition for a period not less than six (6) years following the termination of this
Agreement, unless the City agrees in writing to an earlier disposition. Notwithstanding any of the above
provisions of this paragraph, none of the Constitutional, statutory, and common law rights and privileges
of any client are waived by this agreement. The City will respect the attorney - client privilege and
attorney work product privilege.
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
PROFESSIONAL SERVICES AGREEMENT - 4 - Public Defender
HAWKINS ( CRAWFORD, PLLC
CITY OF
Federal W__ a
CITY MAYOR
33325 LL A OFFICE e e South
33325 8`h Avenue South
VA!N,61
Federal Way, WA 98003 -6325
253 835 -2402
www.citvoffederalway.com
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. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and
employment made possible by or resulting from this Agreement or any subcontract, there shall be no
discrimination by Contractor or its subcontractors of any level, or any of those entities' employees,
agents, subcontractors, or representatives against any person because of sex, age (except minimum age
and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of
any disability, including sensory, mental or physical handicaps, unless based upon a bona fide
occupational qualification in relationship to hiring and employment. This requirement shall apply, but
not be limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with
and shall not violate any of the terms of Chapter 49.60 RCW, Title VI or VII of the Civil Rights Act of
1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part
21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be grounds for termination of this
Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further
City agreements.
13. MATERIALS TO BE PROVIDED. The City shall provide to the Contractor at no cost to the
Contractor or the defendant one (1) copy of all discoverable materials concerning each assigned case,
including where relevant, a copy of the abstract of the defendant's driving record, with the exception of
audio and video recordings which shall be made available for inspection in accordance with rules for
discovery. A copy of 911 call recordings intended to be introduced at trial shall be provided by the City
upon request. Contractor is responsible for timely receipt of all documents from the Court. All
documents will be delivered to a designated location at the Federal Way Municipal Court. The City shall
provide the Contractor with a copy of the City of Federal Way Revised Criminal Code and any
amendments thereto adopted during the term of this Agreement.
The Contractor agrees that it has secured or will secure of the Contractor's own expense, all persons,
employees, and equipment required, including but not limited to computers, to perform the services
contemplated and or required pursuant to this Agreement.
PROFESSIONAL SERVICES AGREEMENT - 5 - Public Defender
HAWKINS f CRAWFORD, PLLC
CITY OF CITY HALL - OFFICE OF THE MAYOR
Federal Way 333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.citvoffederalway.com
14. STANDARDS FOR PUBLIC DEFENSE SERVICES. The Contractor shall comply with the
standards for public defense Services as may be adopted by the City pursuant to chapter 10.101 RCW and
the Washington State Supreme Court Public Defense Standards. The Contractor shall submit an affidavit
to the Washington State Office of Public Defense, stating that the Contractor is in compliance with such
standards. If the City adopts new public defense standards, the following protocol shall apply:
This affidavit shall be submitted thirty (30) days after the Contractor has received a copy of such
standards once adopted by the City. Prior to the adoption of any standards for public defense services by
the City, the Contractor shall be given an opportunity at least 30 thirty (30) days prior to adoption to
provide comments and objections.
Both City and Contractor agree to follow the currently adopted Federal Way Public Defense Standards.
Contractor shall file quarterly reports as required by the Washington State Public Defense Standards.
15. GENERAL PROVISIONS.
15.1 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.
15.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior
written consent of the other Party. If the non - assigning Party gives its consent to any assignment, the
terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall
inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other
person or entity shall have any right of action or interest in this Agreement based on any provision set
forth herein.
15.3 Compliance with Laws. The Contractor shall comply with and perform the Services in
accordance with all applicable federal, state, local, and City laws including, without limitation, all City
codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter
amended, adopted, or made effective; as well as the Rules of Professional Conduct 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
PROFESSIONAL SERVICES AGREEMENT
HAWKINS I CRAWFORD, PLLC
Public Defender
CITY OF
Federal Way
333 HALL — OF THE MAYOR
33325 81h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalway. com
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
HAWKINS I CRAWFORD, PLLC
-7-
Public Defender
CITY OF
CITY HALL - OFFICE OF THE MAYOR
Federal Way Avenue South
�] Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.co m
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
BY: -
Mayor, Skip FWest
DATE:
1
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
mof lu,
ti-ty 7 Clerk, Carol Mc ei y, CM
APPROVED AS TO FORM:
ity Attorney, Patricia A Richardson
MATTHEW T. CRAWFORD
Title: '
DATE: ��
On this day personally ap lred before me lf�n rama IA .0 ,,,, br0nd �ii'VyA g �, C*O.W
to me known to be the' Q,r ' and `y&,' InO�r of Hawkins &
Crawford, PLLC that executed the foregoing instnAent, and acknowledged th 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 25 day of OcAobe r 72013.
Notary's signature � acR ,
Notary's printed name ori�0. rcxc�
Notary Public in and for the State of Washington.
My commission expires 16 f l l � I
TMA PROCTOR
NOTARY PUBLIC
STATE OF VOSH0 ETON
COMMON I) M S
PROFESSIONAL SERVICES AGREEMENT
HAWKINS I CRAWFORD, PLLC
Public Defender
CITY OF
CITY HALL. - OFFICE OF THE MAYOR
Federal Way j 33325 81h Avenue South
�] Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.co m
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. All indigent criminal defendants who are: (a) determined to be eligible under
Section 2 of this Exhibit; and (b) charged with violations of State law or City ordinances committed
within the City of Federal Way shall be appointed to the Contractor, except as provided in Section I 1
(Conflict) of this Exhibit. The Contractor will provide legal representation on the criminal matters
referred for each of these defendants from appointment through trial, sentencing, and post- conviction
review. The Contractor will provide representation at in- custody hearings to criminal defendants and in-
custody witnesses as appointed. The Contractor will make attorneys available to talk and meet with
appointed clients in the King County Jail, the Fife City Jail, SCORE jail, or other facility used by the City
within thirty (30) miles of the City of Federal Way.
2. Screenine. Determinations of indigence for eligibility for appointed counsel under this
Agreement shall be determined by an independent screening process established by the City or by the
Municipal Court Judge. Such appointments shall be in accordance with State law. The City shall be
responsible for the costs of and handling the screening process. Should the Contractor determine at any
time that a defendant is not eligible for assigned counsel; the Contractor shall so inform the Court and
move to withdraw from the case.
3. Case. "Case" means the filing of a document, which may include multiple citations from the
same incident, with the court naming a person as a defendant or respondent, to which an attorney is
appointed in order to provide representation (City of Federal Way Public Defense Standard Definition).
Each case that the Contractor is appointed and files a notice of appearance constitutes one "case ",
regardless of any subsequent withdrawal and reappointment, for purposes of compensation to be paid to
the Contractor pursuant to Exhibit `B" of this (Agreement; except that cases appeared on and then
withdrawn from because of a conflict or because a defendant is found not to be indigent are not
considered cases.
If a defendant appears at arraignment and prosecutor asks the court and ' the court accepts to amend a
driving while license suspended 3`d degree to a no valid operator's license 2nd degree such action shall not
be treated and reported as a case pursuant to the City's Case Weighting System, which is attached as
"Exhibit D ".
For work done on cases which are subsequently identified as conflicts with the exception of cases in
which (after work has been performed) the client obtains a new attorney at his own expense or through a
request to the Court; or for other extraordinary circumstances approved by the City including, but not
limited to, information or evidence which defense counsel could not have reasonably known or
discovered at the time of the initial conflicts check; shall not be treated and reported as a case.
Contractor agrees to timely file the Notice of Appearance or Notice of Substitution to signify
representation on a case.
The Contractor, or subcontractor of Contractor, shall also provide criminal defense Services at in- custody
and out of custody arraignment, bail hearings and shall be available to talk and meet with indigent
defendants in the King County Jail, the Fife City Jail, SCORE jail, or other facility used by the City
within thirty (30) miles of the City of Federal Way, but that such services shall not be counted as a case or
PROFESSIONAL SERVICES AGREEMENT
HAWKINS ( CRAWFORD, PLLC
Public Defender
CITY OF
- � +� CITY HRLL - OFFICE OF THE MAYOR
Federal
�yjyJ 333258 th Avenue South
0;%%Nk Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalway. com
a portion thereof under case weighting, unless the public defender is directly appointed at that hearing as a
result of case resolution pursuant to the definition of a case above. Such resolution at arraignment shall
count for case weighting purposes in accordance with the Washington State Supreme Court Indigent
Standards as a one.
4. Client Contact. The Contractor will provide the Court with a letter to be given to eligible clients
so that he or she is aware who the attorney is and what to expect as well as contact information for
availability during office hours. This letter will provide information to explain the process and provide
frequently asked questions (FAQ's). This letter will also provide information about the complaint process
and the complaint form. The Contractor will also return client ,phone calls or other attempts to contact the
Contractor within 48 hours, excluding weekends and holidays. Each assigned case should be reviewed
and an opportunity to discuss the case must be provided for each defendant prior to the first post -
arraignment appearance in court. The Contractor shall provide to the Federal Way Police Department the
telephone number or numbers at which a Contractor can be reached for critical stage advice to defendants
during the course of police investigations and/or arrests twenty -four (24) hours each day.
5. Reporting. The Contractor shall file monthly reports with the City to include each client who has
been appointed to the Public Defender, the charges, cause numbers and disposition, bench or jury trial and
whether an appeal was filed. In addition, the report will include an invoice with all appeal costs,
incidental costs, expert or investigator fees. The report is due on or before the third (3rd) day of the
following month for services of the prior month.
6. Bar Complaints. The Contractor will immediately notify the City in writing when he/she
becomes aware that a complaint has been lodged with the Washington State Bar Association of any
attorney who is a member of the Contractor's staff or working for the Contractor.
7. Associated Counsel. Contractor shall notify the City of any counsel or intern employed or
contracted with by the Contractor. All such counsel or interns shall agree to abide by the standards and
terms of this Agreement. Any counsel employed by the Contractor shall have the authority to perform the
Services. The Contractor may employ outside associated counsel to assist at Contractor's expense, which
agreement shall include the requirement to follow the standards and terms contained in this Agreement.
The Contractor and all associated counsel hired pursuant to this Section shall be admitted to practice in
the State of Washington pursuant to the rules of the Supreme Court of the State of Washington. The
Parties understand the Contractor may subcontract for defense arraignment Services for defendants while
in custody in the King County Jail, the Fife City Jail, SCORE jail, or other facility used by the City within
thirty (30) miles of the City of Federal Way. Legal interns may be used only in accordance with
Washington State Practice Guidelines and only if properly supervised by the Contractor.
8. Staffing. The Contractor will provide a sufficient number of attorneys to adequately staff the
City's calendars for two daily courtrooms at Federal Way Municipal Court. Staffing assignments should
be sufficient to complete the cases on each calendar within the scheduled time. The Contractor will
provide a sufficient number of attorneys for possible appearances at Federal Way Municipal Court, King
County Superior Court, the Regional Justice Center, SCORE Video Court, and/or the Washington
Appellate Courts and for vacations, illnesses, or other absence of Contractor's attorneys. One attorney
shall be designated the Lead Attorney and shall be responsible for contract performance including
communication with City administration; for managing coverage of court calendars; and for training,
supervision, monitoring, competence, and evaluation of the conduct and of the Contractor's attorneys.
The Lead Attorney shall have an active presence in Federal Way Municipal Court to a degree that there is
a competent understanding of the daily operation of the court.
PROFESSIONAL SERVICES AGREEMENT _10- Public Defender
HAWKINS j CRAWFORD, PLLC
CITY OF
� CITY HALL- OFFICE OF THE MAYOR
Federal
4:!Nk 33325 81h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.co rn
9. Training. Ongoing professional training is a necessity in order for an attorney to keep abreast of
changes and developments in the law and assure continued rendering of competent assistance of counsel.
Public defenders should attend training in areas relating to the type of cases adjudicated in the Court at
least once per calendar year, including a minimum of seven hours of continuing legal education annually
in areas relating to their criminal defense practice to keep all of its attorneys who perform work under this
Contract abreast of developments in relevant law, procedure, and court rules.
14. Removal. Any violation of the Rules of Professional Conduct, as determined by the Washington
State Bar Association, by any Contractor employee or designee will be cause for immediate removal of
that employee or designee from appearance in Federal Way courts and/or contract termination.
11. Conflicts. Conflicts of interest may arise in numerous situations in the representation of indigent
defendants. The Contractor will screen all cases for conflict upon assignment and throughout the
discovery process, and will promptly notify the Court when a conflict is discovered and request to be
withdrawn from a case where any member of its firm has a conflict of interest as defined in the Rules of
Professional Conduct. A defendant from whom the Contractor withdraws from representation based on a
conflict shall be referred to the court for reassignment to a conflict attorney at no cost to the Contractor.
No payment will be made to the Contractor for work they performed on cases subsequently identified as
conflicts. If a conflict is created and a conflict attorney is appointed by the Court due to the conduct of
the Contractor or designee, then the Contractor may be billed to reimburse the City the cost expended to
provide conflict attorney.
12. Federal Way Office and Contact Information. The Contractor shall maintain a full -time office
located in the City of Federal Way, Washington. This office will be utilized by the Contractor for
appointments and meetings with clients. Contractor is required to have individual electronic mail accounts
for each individual attorney assigned to this contract, including any associated counsel or subcontractor
13. Contractor's Performance Evaluation. The performance of the Contractor will be monitored and
evaluated for competency and efficiency and compliance with public defender standards. The evaluation
of the performance of the Contractor will include monitoring of time and caseload information, an
evaluation of attorney case activity, and in court observations. The Mayor will seek input from judges,
court staff, and clients.
A purpose of the evaluation is to attest to the following goals:
• Fair opportunity for defendant to respond to charges, including timely and appropriate
representation;
• Percentage of clients contacted pursuant to Section 4 above — Client Contact.
• Percentage of public defender cases where there have been no final findings of
ineffective assist
• Number of complaints concerning services provided by the contractor
• Number of Continuing Legal Education hours completed in areas relating to the type of
cases adjudicated in the Court
• Efficient and effective management of court calendars, including reducing subsequent court
appearances;
• The number of subsequent court appearances due to conflict of interest
• Average Monthly cases, Average Monthly cases closed
PROFESSIONAL SERVICES AGREEMENT - 11 - Public Defender
HAWKINS I CRAWFORD, PLLC
CITY OF CITY
d l 33325 1h Avenue of THE MAYOR
Fe Way 33325 8`h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalwa y. com
EXHIBIT "B"
COMPENSATION
1. Compensation. In consideration of the Contractor providing the Services authorized in Section 1
of the Agreement and described in Exhibit A of the Agreement during the term of the Agreement and
thereafter as provided in Section 3.2 of the Agreement, the Contractor will be compensated for cases with
a retainer adjusted with a per case fee, with additional compensation for appeals, and expert and
investigator fees as set forth below.
1.1 Case Compensation. Beginning January 2014, the City shall pay a retainer each month of
Thirty One Thousand Eight Hundred Fifty and no /100 Dollars ($31,850.00) after receipt and approval by
the appropriate City representative of the invoice. The monthly retainer invoice shall be submitted on or
before the 3rd day of every month in order to receive payment in the City's check run on the 15d'. In the
event the total number of cases (as defined in Exhibit A) exceeds 1560, the City shall pay an additional
One Hundred Forty and no /100 Dollars ($140.00) per case for any additional cases above 1560, after
receipt and approval by the appropriate City representative of the invoice. Contractor agrees not to seek
payment from the City for any case that subsequently requires a conflict attorney to be appointed.
Contractor agrees not to seek payment from the City for any case where the Contractor determines at any
time that a defendant is not eligible for assigned counsel.
For cases that have been assigned to the Contractor for post- conviction review where that
Contractor has not previously been assigned to the case, the City shall pay the Contractor Thirty-
five and no /100 Dollars ($35.00) per case.
Additional charges beyond the monthly retainer fee shall be submitted by invoice for
review and approval by the appropriate City representative and shall be payable within 60 days
after receipt by the City.
1.2 Appeal Compensation. The City shall pay the Contractor Four Hundred and no /100
($400.00) per case appealed for all appellate services. In addition, the City will pay Contractor for the
cost of transcription. Payment for the appeal shall be made after the brief is filed with the court.
Reimbursement will be paid when the invoice is submitted.
1.3 Reimbursable Expenses. Compensation is based on a monthly retainer. Upon prior
approval by the City, investigation services will be billed at a rate of Thirty and no /100 ($30.00) per hour.
Other reasonable costs consistent with State v. A.N.J., 168 Wn.2nd 91 (2010) will be paid by the City,
including costs for expert services, costs and charges associated with records requests or incurred by
necessity to defend an indigent client at critical stages of their case. No additional fees, costs, or any
other reimbursable expenses will be allowed except as specifically provided for in this agreement.
Extraordinary expenses may be submitted in writing to the City for consideration.
1.4 Expert Services and Investigator Fees. The City shall reimburse the Contractor for
reasonable expert witness or investigator fees necessary to provide effective legal representation at a
reasonable market rate where the court orders such expert or investigator to be employed upon motion of
the Contractor.
1.5 Legal Research/Case Tracking Start-up tart-up Fees. The City shall pay the Contractor a one -time
fee of Three Thousand and no /100 Dollars ($3,000) for online research such as WESTLAW, Lexis Nexis,
PROFESSIONAL SERVICES AGREEMENT -12- Public Defender
HAWKINS I CRAWFORD, PLLC
CITY OF
� CITY HALL- OFFICE OF THE MAYOR
Federal W
333258 1h Avenue South
�%N
Federal Way, WA 98003 -6325
253 835 -2402
www.citvoffederalway.com
and /or the transition towards DAWN or similar case tracking software program the City implements. The
City shall also provide Contractor with access to JIS in an equivalent manner as the City Prosecutor's
Office. Such access shall include the ability to utilize JIS before, during, and after court proceedings on
lap tops supplied by the Contractor.
2. Method of Payment. The Contractor shall submit a monthly report pursuant to Section 5 of this
agreement and shall submit to the City an invoice with all appeal costs, or expert or investigator fees. The
report and the services will be submitted to the City by third day (3`d) day of the following month for
services of the prior month. Payment shall be made thirty (30) days after receipt of such report and
invoice. If the Contractor fails to submit by the third day (3`d) of the month the City may pay Contractor
within 60 days of receipt. If the Services do not meet the requirements of this Agreement, the Contractor
will correct or modify the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement.
3. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of
any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this
Agreement.
PROFESSIONAL SERVICES AGREEMENT -13- Public Defender
HAWKINS ( CRAWFORD, PLLC
CITY OF
Federal Way CITY HAIL— OFFICE THE MAYOR
333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalway.com
EXHIBIT "C"
INSURANCE
(Attach Insurance Certificate as Exhibit "C ")
PROFESSIONAL SERVICES AGREEMENT -14- Public Defender
HAWKINS I CRAWFORD, PLLC
CITY OF
Federal W-- ay
CITY
33325 1h Avenue OF THE MAYOR
33325 8`h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.com
EXHIBIT "D"
CASE WEIGHTING
CITY OF FEDERAL WAY
PUBLIC DEFENSE STANDARDS
October 1, 2012
Policy: Provide high quality public defense services by engaging experienced public defenders.
Definition of a Case: A case is defined as the filing of a document, which may include multiple
citations from the same incident, with the court naming a person as a defendant or respondent,
to which an attorney is appointed in order to provide representation.'
Definition of Appointment: Appointment of a public defender is defined as assignment to
represent a defendant as a result of indigent screening.
The caseload for attorneys with less than five years misdemeanor and/or gross misdemeanor
experience will be 300 weighted cases per year. z
(300 cases/year - 48 weeks (240 working days) = 6.25 cases/week - 5 days = 1.25
cases /day)
The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor
criminal experience increase caseload will be increased to a total of 450 weighted cases per
year?
(450 cases/yr _ 48 weeks (240 working days) = 9.375 cases/week _ 5 days = 1.875
cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor
coupled with five years felony criminal experience will be increased to a total of 540 cases per
year."
(540 cases/yr _ 48 weeks (240 working days) = 1125 cases per week _ 5 days = 2.25
cases/day)
Policy: Provide Public Defenders at the arraignment or first appearances even though the defendant has
not been screened to determine qualifications for indigent defense.
The Municipal Court of Federal Way has a daily in custody calendar, which includes
arraignments /first appearances; and an out of custody arraignment calendar one day per week,
which includes arraignments.' 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 Standard 3.3 Definition of a case.
2 Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system.
3 Standard 3.3 Experience is a factor
4 Standard 3.3 Experience is a factor
5 CRLJ 3.1 Right to an attorney in all criminal proceedings
PROFESSIONAL SERVICES AGREEMENT -15- Public Defender
HAWKINS I CRAWFORD, PLLC
CITY of
CITY HALL - OFFICE OF
Federal Way
333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalway. 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 counting
it as five percent (5 %) quarterly cases assigned for the entire firm to be divided.'
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 .'
Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A.' The weighting
was provided by the public defenders, reviewed by the Municipal Court Judges, and presented
to Office of Public Defense representatives before implementation. In the event there are
multiple charges for the same incident, the case will be weighted using the highest weighted
charge as the total measure for that case.
The case count for any case that proceeds to trial will convert to one and no longer count as a
fraction.
Policy: The City will continue to utilize alternatives and considers the review /probation hearings as
part of an ongoing case."
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 definition will count as 1/3 of a case."
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
Standard 3.3 Caseloads should factor in the type of cases and time involved
Standard 3.6 (B)(v) Stipulated Order of Continuance, Deferred Prosecution and Deferred Sentence can be
weighted 1/3
8 Standard 3.5 Guilty pleas at arraignment count as one case
9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity
10 Standard 3.6 Cases may be weighted downwards
11 Standard 3.6 Cases may be weighted downwards
t2 Standard 3.3 Matters not involving a new criminal charge may be weighted
13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the complexity
PROFESSIONAL SERVICES AGREEMENT - 16 -
HAWKINS I CRAWFORD, PLLC
Public Defender
CITY OF
CITY HALL- OFFICE OF THE MAYOR
Federal Way
333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www cityoffederatway. com
EXHIBIT A
CHARGE
FWRC
WEIGHT
ABANDOING OR DISCARDING
6.75.010
REFRIGERATION EQUIPMENT
2/3
ABANDONMENT OF A DEPENDENT
6.20.010
PERSON IN THE THIRD DEGREE
I
ABANDONMENT OF A DEPENDENT
6.20.010
PERSON IN THE THIRD DEGREE,
1
Domestic Violence
ACTS PROHOBITED BY
12.15.330
PAWNBROKERS AND SECONDHAND
DEALERS
1/2
ACTS PROHIBITED- TOBACCO
6.20.040
1/3
AGGRESSIVE BEGGING
6.35.030
1
AIMING OR DISCHARGE OF A
6.25.010
FIREARM
1
AIRGUN — UNLAWFUL USE
6.25.020
1
ALLOWING A MINOR TO FREQUENT
6.10.010
TRAVEN
1/3
ALLOWING UNAUTHORIZED PERSON
8.05.010
TO DRIVE
1/3
ALTERED SERIAL NUMBERS ON
6.25.010
VEHICLE / WEAPON
1/2
ANIMAL CONTROL VIOLATIONS (City
9.18.100
Complaint)
I
ANIMAL CRUELTY, Abuse
9.18.010
1
ANIMAL CRUELTY, Transporting or
6.75.030
Confining
I
ASSAULT IN THE FOURTH DEGREE
6.35.010
1
ASSAULT IN THE FOURTH DEGREE,
6.35.010
Domestic Violence
I
ATTEMPTED THEFT
6.05.060
1/3
BARRATRY RCW 9.12.010
6.40.010
1/3
BAIL JUMPING
6.50.030
2/3
BOXING, MARTIAL ARTS, WRESTLING
6.55.025
2/3
BUYING,DEMANDING OR PROMISING
REWARD TO PUBLIC OFFICIAL RCW
9.12.020
6.40.010
2/3
CAMPING IN THE PARK
4.05.160
1/3
CANCELLED LICENSE PLATE OR
8.05.010
REGISTRATION
1/3
CARRYING A CONCEALED PISTOL
6.25.010
WITHOUT A LICENSE
2/3
CARRYING OR DISPLAY OF WEAPONS
6.25.010
RCW 9.41.270
1
1. 1/3
PROFESSIONAL SERVICES AGREEMENT
HAWKINS I CRAWFORD, PLLC
-17-
Public Defender
CITY OF
Federal
CITY HALL - OFFICE OF THE MAYOR
Way 333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.citvoffederalway.com
COERCION
6.35.010
1
COERCION, Domestic Violence
6.35.010
1
COMMERCIAL LICENSE REQUIRED
8.05.010
1/3
COMMUNICATION WITH MINOR FOR
IMMORAL PURPOSES
6.45.080
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
DELINQUENCY OF A MINOR
6.20.020
1/2
CRIMINAL IMPERSONATION IN THE
FIRST DEGREE RCW 9A.60.040
6.40.010
1
CRIMINAL IMPERSONATION IN THE
SECOND DEGREE 9A.60.045
6.40.010
1
CUSTODIAL INTERFERENCE IN THE
SECOND DEGREE
6.35.050
1
CYBERSTALKING
6.35.010
1
DISORDERLY CONDUCT
6.55.010
1/3
DISORDERLY CONDUCT IN A CITY
PARK
655.055
1/3
DISRUPTION OF SCHOOL ACTIVITIES
6.30.040
2/3
DRIVING UNDER THE INFLUENCE OF
INTOXICATING LIQUOR
8.05.010
1
DRIVING WHILE LICENSE SUSPENDED
OR REVOKED 1
8.05.010
1/2
DRIVING WHILE LICENSE SUSPENDED
OR REVOKED 2
8.05.010
1/2
DRIVING WHILE LICENSE SUSPENDED
OR REVOKED 3
8.05.010
1/3
DRIVING WITH ANOTHER STATE'S
LICENSE WHILE SUSPENDED IN
WASHINGTON
RCW 46.20.345
8.05.010
1/3
DRUG LOITERING
6.10.090
1/3
ELECTRONIC BENEFIT CARDS
RCW 74.08.580
6.40.010
1/3
ENCUMBERED, LEASED OR RENTED
PERSONAL PROPERTY RCW 9.45.060
6.40.010
1/3
ESCAPE IN THE THIRD DEGREE
6.50.040
2/3
EXPOSING CHILDREN TO DOMESTIC
VIOLENCE
6.35.070(3)
1
FAILING TO OBTAIN INITIAL
REGISTRATION
8.05.010
1/3
FAILURE TO DISPERSE
6.55.020
1/3
FAILURE TO GIVE INFORMATION,
RCW 46.61.020
8.05.010
1/3
PROFESSIONAL SERVICES AGREEMENT
HAWKINS I CRAWFORD, PLLC
-18-
Public Defender
CITY OF
Federal Way
CITY HALL - OFFICE OF THE MAYOR
33325 81" Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.co m
FAILURE TO OBEY POLICE OFFICERS,
FLAGMAN OR FIRE FIGHTERS 46.61.021
or .22
8.05.010
1/2
FAILURE TO OBTAIN A TEMPORARY
BUSINESS LICENSE
12.25.010 and
7.05.070
2/3
FAILURE TO OBTAIN LICENSE FOR
MASSAGE PRACTITIONERS
6.40.050
2/3
FAILURE TO OBTAIN REGISTRATION
8.05.010
1/3
FAILURE TO TRANSFER TITLE OVER
45 DAYS
8.05.010
1/3
FALSE CERTIFICATION RCW 9A.60.050
6.40.010
1/3
FALSE EVIDENCE OF FINANCIAL
RESPONSIBILITY / INSURANCE CARD
8.05.010
1/3
FALSE REPORTING
6.50.030
1/3
FALSE STATEMENT TO A PUBLIC
SERVANT RCW 9A.76.175
6.50.030
1/3
FORGERY, NONFELONY
6.40.030
1
FRAUD IN ASSIGMENT FOR BENEFIT
OF CREDITORS RCW 9.45. 100
6.40.010
1/2
FRAUD OPERATING COIN BOX IN
TELEPHONE OR OTHER RECEPTACLE
RCW 9.26A.120
6.40.010
1/3
FRAUDLENT POSSESSION,
ALTERATION, OR DISPLAY OF A
LICENSE 46.20.092(l)
8.05.010
1/3
FRAUDULENT REMOVAL OF
PROPERTY RCW 9.45.080
6.40.010
1/3
FURNISHING LIQUOR TO A MINOR
6.10.020
2/3
GRAFFITI
6.30.020
1
GRAFFITI TOOLS
6.30.050
2/3
HARASSMENT
6.35.040
1
HARASSMENT, Domestic Violence RCW
9A.46.020
6.35.040
I
HARBORING A MINOR / RUNAWAY
6.20.010
1
HIT AND RUN, ATTENDED VEHICLE
RCW 46.52.020
8.05.010
1
HIT AND RUN, PROPERTY DAMAGE
RCW 46.52.010
8.05.010
2/3
HIT AND RUN, UNATTENDED VEHICLE
8.05.010
2/3
HUFFING
6.10.070
1
IDENTITY THEFT — NON - FELONY
6.40.025
1
IMPERSONATION
6.40.010
1
IMPERSONATION — POLICE OFFICER
6.40.010
1
INDECENT EXPOSURE TO A PERSON
OVER 14
16.45.020
1
PROFESSIONAL SERVICES AGREEMENT -19-
HAWKINS E CRAWFORD, PLLC
Public Defender
CITY OF
Federal
��� CITY HALL - OFFICE OF THE MAYOR
333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederalway.com
INDECENT EXPOSURE TO A PERSON
6.45.020
UNDER 14
1
INTERFERING WITH THE REPORTING
6.35.070
OF DOMESTIC VIOLENCE, Domestic
Violence
1
ID THEFT
6.40.025
1
INTIMIDATING SCHOOL EMPLOYEE
6.75.010
1
ISSUANCE OF CHECKS OR DRAFTS
6.30.010
1
KNOWLINGLY RECEIVING
FRAUDULENT CONVEYANCE RCW
9.45.090
6.40.010
1/3
LEAVING AN UNLOCKED PISTOL IN A
6.25.010
VEHICLE
2/3
LEAVING CHILDERN UNATTENDED IN
6.20.030
PARKED VEHICLE
1
LITTERING IN A PARK
4.05.330
1/3
LITTERING OVER ONE CUBIC FOOT
6.75.020
1/3
LITTERING OVER ONE CUBIC YARD
7.75.020
1/3
MAKING A FALSE STATEMENT TO A
6.50.030
PUBLIC SERVANT RCW 9A.76.175
1/3
MAKING OR HAVING BURGLAR
6.30.030
TOOLS
2/3
MALICIOUS MISCHIEF IN THE THIRD
6.30.020
DEGREE
2/3
MALICIOUS MISCHIEF IN THE THIRD
6.30.020
DEGREE, Domestic Violence
I
MENACING
6.35.020
1
MANUFACTURE OR SALE OF SLUGS
TO BE USED AS COINS
RCW 9.26A.130
6.40.010
2/3
MINOR ATTEMPTING TO PURCHASE
6.10.020
ALCOHOL
2/3
MINOR INTOXICATED IN PUBLIC
6.10.020
1/2
MINOR FREQUENTING TRAVEN
6.10.010
1/2
MINOR IN POSSESSION OF LIQUOR
6.10.020
RCW 66.44.270
2/3
MINOR MISREPRESENTING AGE
6.10.010
2/3
MINOR OPERATING VEHICLE AFTER
6.05.010
ALCOHOL CONSUMPTION ALCOHOL
I
MISTREATMENT IN THE FOURTH
6.20.010
DEGREE
1
MISTREATMENT IN THE FOURTH
6.20.010
DEGREE, Domestic Violence
1
MISUSING OF DEALER PLATES
8.05.010
1/3
MOCK AUCTIONS RCW 9.45.070
6.40.010
1/3
PROFESSIONAL SERVICES AGREEMENT
HAWKINS I CRAWFORD, PLLC
-20-
Public Defender
CITY OF
a •
CITY HALL - OFFICE OF THE MAYOR
333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.co m
NEGLIGENT DRIVING IN THE FIRST
DEGREE
8.05.010
I
NO VALID OPERATOR'S LICENSE
WITHOUT IDENTIFICATION
8.05.010
1/3
OBSTRUCTING A PUBLIC OFFICER
6.50.010
2/3
OPERATING A VEHICLE WITHOUT
IGNITION INTERLOCK
8.05.010
1/2
PARK AFTER HOURS (City Complaint)
4.05.060
1/3
PATRONIZING A PROSTITUTE
6.45.070
1/3
PARK FIRE
4.05.210
PERMITTING UNUSED EQUIPMENT TO
REMAIN ON PREMISES
19.05.340
1
PHYSICAL CONTROL OF A MOTOR
VEHICLE WHILE UNDER THE
INFLUENCE OF INTOXICATION (under
21 ears )
6.15.010
I
PHYSICAL CONTROL
6.15.010
1
PISTOL ALTERING
6.25.010
2/3
PISTOL WITHOUT PERMIT
6.25.010
2/3
PISTOL IN VEHICLE
6.25.010
2/3
POSSESSION OF A LEGEND DRUG
WITHOUT PRESCRIPTION
6.10.030
2/3
POSSESSION OF ANOTHER'S
IDENTIFICATION RCW 9A.56.130
6.40.010
1/3
POSSESSION OF DANGEROUS WEAPON
6.25.010
1
POSSESSION OF DANGEROUS WEAPON
ON SCHOOL PROPERTY
6.25.010
1
POSSESSION OF DRUG
PARAPHERNALIA
6.10.040
1/3
POSSESSION OF EPHREDINE,
PSEUDOPHREDINE,
PHENYLPROPANOLAMINE
6.10.030
1/3
POSSESSION OF FIREARM AT LIQUOR
SALE PREMISES (City Complaint)
6.25.030
1/3
POSSESSION OF MARIJUANA
6.10.030
1/3
POSSESSION OF PISTOL BY PERSON
AGE 18 TO 21
6.25.010
1/3
POSSESSION OF STOLEN ID
6.40 .010
1/3
POSSESSION OF STOLEN PROPERTY IN
THE THIRD DEGREE
6.30.010
2/3
POSSESSION, USE AND DISCHARGE OF
FIREWORKS
12.55.070
1/2
PROSTITUTION
6.45.040
1/3
PUBLIC DISTURBANCE NOISES
7.10.020
1/3
RACING
8.05.010
1
PROFESSIONAL SERVICES AGREEMENT - 21 -
HAWKINS I CRAWFORD, PLLC
Public Defender
CITY OF
Federal
Way CITY HALL - OFFICE OF THE MAYOR
'�Y�Yf 333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www cityoffederalway. com
RECKLESS BURNING IN THE SECOND
DEGREE
6.60.010
I
RECKLESS DRIVING RCW 46.61.500
8.05.010
1
RECKLESS ENDANGERMENT
6.35.010
1/3
RECKLESS ENDANGERMENT OF
ROADWAY WORKER
8.05.010
1/3
RECKLESS ENDANGERMENT, Domestic
Violence
6.35.010
I
REFUSAL TO GIVE INFORMATION TO
OR COOPERATE WITH POLICE RCW
46.61.020
8.05.010
1/2
RENDERING CRIMINAL ASSISTANCE
IN THE THIRD DEGREE
6.50.030
1/3
RENDERING CRIMINAL ASSISTANCE
IN THE SECOND DEGREE
6.50.030
1/2
RESISTING ARREST
6.50.030
2/3
RIDING IN A PARK
1.10.010
4.05.040
4.05.340
1/3
RIOT
6.55.020
1
STALKING
6.35.040
1
STRANGULATION, Domestic Violence
6.35.070 (2)
1
SUSPENSION OF REGISTRATION RCW
46.29.605 (Suspended Plate
8.05.010
1/3
TAKING, CONCEALING, OR INJURING
A PET ANIMAL
6.75.030
1
TAMPERING WITH EVIDENCE
6.50.030
1
TAMPERING WITH FIRE
6.60.020
1
TAX ON CIGARETTES
6.75.110
2/3
TELEPHONE HARASSMENT
6.35.010
1
TELEPHONE HARASSMENT, Domestic
Violence
6.35.010
1
THEFT IN THE THIRD DEGREE
6.30.010
1/3
THEFT IN THE THIRD DEGREE,
Domestic Violence
6.30.010
1
THEFT OF MOTOR VEHICLE FUEL
8.05.010
1/2
THEFT OF RENTAL PROPERTY
6.30.010
1/3
THEFT OF SHOPPING CART
6.30.010
1/3
THROWING OBJECTS AT CARS
6.75.050
1.10.010
1/2
TRANSFER TO MINOR OF
IDENTIFICATION CARD
6.10.010
1/3
TRESPASS (.70) I =INSIDE BUILDING;
(.80) 2 =ON PREMISES / PROPERTY
6.30.030
1/3
TRESPASS, Domestic Violence
6.30.030
1
UNAUTHORIZED CAMPING IN A PARK
4.05.160
PROFESSIONAL SERVICES AGREEMENT -22- Public Defender
HAWKINS I CRAWFORD, PLLC
CITY OF
, Federal Way
CITY HALL - OFFICE OF THE MAYOR
333258 1h Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www. cityoffederal wa y. com
PROFESSIONAL SERVICES AGREEMENT -23-
HAWKINS I CRAWFORD, PLLC
Public Defender
4.05.040
1.10.010
1/3
UNLAWFUL BUS CONDUCT
6.75.010
1/3
UNLAWFUL ISSUANCE OF CHECKS
6.30.010
2/3
UNLAWFUL PRACTICES — OBTAINING
ASSISTANCE — DISPOSAL OF REALTY
RCW 74.08.331
6.40.010
1
UNLAWFUL USE OF DEALER PLATES
8.05.010
1/3
UNLAWFUL USE OF AIR GUN
6.25.020
URINATING IN PUBLIC
6.45.090
1/3
VEHICLE PROWLING IN THE SECOND
6.30.030
DEGREE
1/3
VEHICLE PROWLING TOOLS (City
6.30.060
Complaint)
1/3
VIOLATION OF ANIMAL CONTROL
6.30.060
REGULATIONS
l
VIOLATING A STAY OUT OF AREAS OF
6.42.110
PROSTITUTION ORDER
1/2
VIOLATION OF A CIVIL
6.35.060
ANTIHARASSMENT ORDER & KCSC
VIOLATION OF ORDER FOR
PROTECTION - AH
1
VIOLATION OF A CIVIL
6.35.060
ANTIHARASSMENT ORDER, Domestic
Violence
I
VIOLATION OF A NO CONTACT
6.35.040
ORDER, Domestic Violence
1
VIOLATION OF A NOTICE AND ORDER
1.15.040
TO CORRECT
1
VIOLATION OF A PROTECTION ORDER,
6.35.060
Domestic Violence
1
VIOLATION OF A RESTRAINING
6.35.070
ORDER
1
VIOLATION OF A RESTRAINING
6.35.070
ORDER, Domestic violence
1
VIOLATION OF A VOLUNTARY
1.15.050
CORRECTION AGREEMENT
1
VIOLATION OF AN ORDER TO CEASE
1.15.030
ACTIVITY
1
VIOLATION OF LICENSE FOR
12.40.070
BATHHOUSE ATTENDANTS
1
VIOLATION OF OCCUPATIONAL
8.05.010
DRIVER'S LICENSE
1/3
VIOLATION OF STANDARDS OF
12.10.220
CONDUCT
I
I 1
PROFESSIONAL SERVICES AGREEMENT -23-
HAWKINS I CRAWFORD, PLLC
Public Defender
CITY of
%... Federal
Way r�� CITY HALL - OFFICE OF THE MAYOR
'��jjYj 33325 8t' Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.co m
VIOLATION OF THE HOUSING CODE
1.10.010
13.05.070
13.35.010
1
VIOLATION OF VEHICLE TRIP PERMIT
8.05.010
1/3
VIOLATION OF ZONING CODE
19.05.340
1*
WEAPONS IN COURT
6.25.040
2/3
WEAPONS IN PROHIBITED AREA
6.25.040
2/3
WEAPONS IN SCHOOL
6.25.410
1
PUBLIC DISTURBANCE NOISES
7.10.020
1/3
Any and all misdemeanors not listed above
1/3
Any and all gross misdemeanors not listed
above
1/2
The case count for any case that proceeds to trial will convert to one and no longer count as a
fraction.
*Zoning violations. Defendant will not likely qualify for a public defender.
PROFESSIONAL SERVICES AGREEMENT
HAWKINS ( CRAWFORD, PLLC
_24_
Public Defender
s►rATES pF
STATE o�
o Q /
•
nZ
Secretary of state
I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its
seal, hereby issue this
CERTIFICATE OF FORMATION
to
HAWKINS & CRAWFOR% PLLC
a/an WA Professional Limited Liability Company. Charter documents are effective on
the date indicated below.
Date: 10/24/2013
UBI Number: 603 - 343 -618
STATL�'
Given under my hand and the Seal of the State
of Washington at Olympia, the State Capital
a �
W x
Kim Wyman, Secretary of State
1889
Date Issued: 10/24/2013