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4 AMENDED AND RESTATED AGREEMENT FOR INDIGENT DEFENSE SERVICES <br /> PUBLIC DEFENDER <br /> 'WHEREAS, the City of Everett, Washington (hereinafter "City") provides public defense services <br /> pursuant to Agreement with attorneys practicing as The Everett Law Group, PLLC (herein the "Public <br /> Defender"), and <br /> WHEREAS, a decision by the Federal Court for the Western District of Washington, the Honorable <br /> Robert Lasnik, in a case styled Wilbur v. Mt. Vernon (hereinafter the "Decision") emphasizes the need for <br /> the City to provide indigent defense services to misdemeanor clients in municipal and district courts in a <br /> manner which fully complies with the City's obligations under the Sixth Amendment to the United States <br /> Constitution, and <br /> WHEREAS, the Washington Supreme Court has adopted standards regarding the caseload of Public <br /> Defenders and the Washington State Office of Public Defense has provided guidance regarding case <br /> weighting system, and <br /> WHEREAS, the City has conducted an evaluation of its public defense system, including the court <br /> system and appointment process, and <br /> WHEREAS,the City desires to amend its Agreement to bring it into compliance with the guidance of <br /> the Decision, Supreme Court Standards and the standards for the provision of indigent defense services <br /> adopted by the City in EMC 2.108.230 et seq. NOW THEREFORE, <br /> In consideration of the mutual benefits to be derived and the promises contained herein, the City of <br /> Everett, Washington, a municipal corporation ("City") and the individual Public Defender(s) services under <br /> this Agreement (the "Public Defender") have entered into this amended and restated Agreement (referred to <br /> herein as either this "Agreement" or this"Agreement" or this"agreement"). <br /> 1. Scope of Services, Standards and Warranties. The Public Defender will provide indigent <br /> defense services in misdemeanor cases in accordance with the standards adopted by the City in EMC <br /> 2.108.230 et seq as the same exists or is hereafter amended (hereinafter"Standards"). The Public Defender <br /> individually warrants that he/she, and every Public Defender and/or intern employed by the Public Defender <br /> to perform services under this Agreement ("attorney service provider"), has read and is fully familiar with <br /> the provisions of the Standards adopted by the City. Compliance with these Standards goes to the essence of <br /> this Agreement. <br /> 1.1 The Public Defender, and every attorney and/or intern performing services under this <br /> Agreement shall certify compliance with Supreme Court Rule and governing case load quarterly with the <br /> Everett Municipal Court on the form established for that purpose by court rule. A copy of each and every <br /> such certification shall be provided to the City contemporaneously with filing. The Public Defender and <br /> every attorney and/or intern warrants that he/she shall conform to the case load limitations not only with <br /> respect to services under this Agreement but also with respect to his/her practice as a whole, including other <br /> Agreements for public defense and/or private practice. <br /> 1.2 Public Defender will maintain contemporaneous records on a daily basis documenting <br /> all work performed on a 1/10th of an hour basis on each assigned case. Public Defender will maintain and <br /> provide to the City a quarterly report detailing: <br /> 16 <br />