HomeMy WebLinkAboutCONSENT Motion delegate signing of OPD grantJEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Amanda Christofferson,Grants Administrator
Josh Peters,County Administrator
DATE: November 17,2025
SUBJECT: This agenda request presents a grant agreement for signature between the
Washington State Office of Public Defense and Jefferson County.This agreement,
for an annual statutory formula distribution supports improvement in public
defense services.
STATEMENT OF ISSUE:
There is a need for funding to support and improve the public defense services received by residents of
Jefferson County.The Washington State Office of Public Defense(OPD)under Chapter 10.101 RCW
provides statutory formula distributions for the purpose of improving the quality of public defense services
in Washington State. OPD has allocated$60,622.96 to Jefferson County for this year from January 1, 2026
December 31, 2026.
ANALYSIS:
This annual distribution from Washington State Office of Public Defense is a direct benefit to the county.
FISCAL IMPACT:
This is a$60,622.96 grant of state funds to the county with no match requirement and will defray expenses
associated with improving the quality of legal representation received by indigent defendants in Jefferson
County.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners make a motion to delegate authority to the
Grants Administrator,Amanda Christofferson to sign the Agreement with Washington State Office of Public
Defense on behalf of the county.
REVIEWED BY:
Josh Peters, County Administrator Date
11/19/2025
CONTRACT REVIEW FORM Clear Form
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Office of Public Defense Contract No: IAA26016
Contract For: Public Defense Improvement funding Term: January 1,2026-December 31,2026
COUNTY DEPARTMENT: Auditor's Office
Contact Person: Amanda Christofferson,Grants Administrator
Contact Phone: 360-385-9232
Contact email: amchristofferson@co.jefferson.wa.us
AMOUNT: 60,622.96 PROCESS: —
Exempt from Bid Process
Revenue: 60,622.96 Cooperative Purchase
Expenditure:Competitive Sealed Bid
Matching Funds Required: None Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund# 001-270 RFP or RFQ
Munis Org/Obj ND33601.336002 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: I I N/A:E1 rQy t,Q CL
C/
10/29/2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: IJ 4htQ tuba- t!?/tit.thy4 n- 10/29/2025
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/14/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/13/2025.
Grant agreement with standard terms.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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Agreement No. IAA26016
Washington State Office of Public Defense
FACE SHEET RCW 10.101 .070 FUNDS
Purpose
Chapter 10.101 RCW county distributions are statutory formula distributions for the purpose of
improving the quality of public defense services in Washington State counties.
The Office of Public Defense (OPD)and Recipient, as defined below,acknowledge and accept the
terms of this Agreement and attachments and have executed this Agreement on the date below to
start January 1,2026 and end June 30,2026.The rights and obligations of both parties to this
Agreement are governed by this Agreement and the following other documents incorporated by
reference: Special Terms and Conditions,and General Terms and Conditions.
Recipient Office of Public Defense (OPD)
Jefferson County 711 Capitol Way South, Suite 106
PO Box 1220 PO Box 40957
Port Townsend,WA 98368 Olympia,WA 98504-0957
Recipient Representative OPD Representative
Amanda Christofferson Geoffrey Hulsey
Grants Administrator Managing Attorney
Jefferson County WA State Office of Public Defense
Distribution Amount Use Period
60,622.96 January 1, 2026 through June 30, 2026
For the Recipient For OPD
Signature Signature
Geoffrey D. Hulsey
Printed Name Printed Name
Managing Attorney
Public Defense Improvement Program, OPD
Title
Title
Date
Date
Approved as too y: 1 of 6
for 11/13/2025
hilip C. un cker Date
Chief Civil Deputy Prosecuting Attorney
Agreement No. IAA26016
Special Terms and Conditions
1. Agreement Management
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications regarding the performance of this Agreement.
a. The Representative for OPD and their contact information are identified on the Face Sheet of this
Agreement.
b. The Representative for the Recipient and their contact information are identified on the Face Sheet of
this Agreement.
2. Distribution Amount
The Distribution Amount is$60,622.96 Dollars (Sixty thousand six hundred twenty-two dollars and
ninety-six cents)to be used for the purpose(s) described in the USE OF FUNDS below.
3. Prohibited Use of Funds
as adopted in OPD Policy County/City Use of State Public Defense Improvement Funds)
a. Funds cannot be used to supplant local funds that were being spent on public defense prior to the initial
disbursement of RCW 10.101.070 funds.
b. Funds cannot be spent on purely administrative functions or billing costs.
c. Funds cannot be used for indigency screening costs.
d. Funds cannot be used for technology systems or administrative equipment intended for county
administrative staff, court staff or judicial officers.
e. Funds cannot be used for county attorney time, including advice on public defense contracting.
f. Funds cannot be used for in-court interpreter services required under Chapter 2.43 RCW.
g. Funds cannot be used for pre-trial monitoring of public defense clients (e.g.,SCRAM, EHM, UA)
4. Use of Funds
a. Recipient agrees to use the RCW 10.101.070 funds to improve the quality of legal representation directly
received by indigent defendants. (See Chapter 10.101 RCW and OPD Policy County/City Use of State
Public Defense Improvement Funds for guidelines regarding permitted uses of state public defense
improvement funds.)
b. Recipient agrees to use the funds for the following purpose(s):
i. Adding attorneys to reduce public defense caseloads
ii. Adding investigator services
iii. Adding expert services
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Agreement No. IAA26016
c. Recipient agrees to use the funds between January 1, 2026 and June 30, 2026. If Recipient is unable
to use the funds in the Use Period, the Recipient agrees to notify OPD to determine what action
needs to be taken.
d. If Recipient's Statewide Vendor(SWV) registration does not accept EFT, Recipient agrees to deposit
the RCW 10.101.070 funds within 14 days of receipt.
5. Oversight
Over the duration of the Use Period, OPD may conduct site visits for purposes of addressing improvements
to public defense and ensuring the use of grant funds for their specified purposes.At OPD's request,
Recipient will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited
to: public defense attorneys,judicial officers, and county representatives.
6. Order of Precedence
In the event of an inconsistency in this Agreement,the inconsistency shall be resolved by giving precedence
in the following order:
a. Applicable federal and state of Washington statutes, regulations, and court rules
b. Special Terms and Conditions
c. General Terms and Conditions
General Terms and Conditions
1. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties.Such amendment shall not be
binding unless it is in writing and signed by personnel authorized to bind each of the parties.
3. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the"ADA"29 CFR
Part 35.
The Recipient must comply with the ADA,which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunications.
4. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement,shall be transferred or assigned by the
Recipient without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Agreement, in the event of litigation or other
action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs.
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Agreement No. IAA26016
6. CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
7. CORRECTIONS
If there are non-substantive typographical, grammar, scrivener's or drafting errors(such as erroneous
numerical figures, incorrect dates, misspelled words, errant commas,etc.), OPD reserves the right to correct
said errors at any time,without prior notice.
8. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original
and all of which counterparts together shall constitute the same instrument which may be sufficiently
evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall
not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement.
9. ELECTRONIC SIGNATURES
An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be
deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such
other ancillary agreement for all purposes.
10. ETHICS/CONFLICTS OF INTEREST
In performing under this Agreement,the Recipient shall assure compliance with the Ethics in Public Service,
Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts
of interest.
11. FORCE MAJEURE
Neither Agency nor OPD shall be liable or responsible for delays or failures in performance resulting from
events beyond the reasonable control of such party and without fault or negligence of such party.Such
events shall include but not be limited to strikes, lockouts, riots,acts of war, epidemics, pandemics, acts of
government,fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of
terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to
cooperate of the other party or third parties (except Subcontractors). In the event a Force Majeure occurs
after the effective date and prior to completion or expiration date of this Agreement, OPD, at its sole
discretion, may elect to suspend performance of the Agreement until OPD determines the Force Majeure
event resolved. OPD may exercise this option with no notification restrictions.
12. GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston
County.
13. INDEMNIFICATION
To the fullest extent permitted by law, the Recipient shall indemnify, defend, and hold harmless the
state of Washington, OPD, all other agencies of the state and all officers, agents and employees of thestate,from and against all claims or damages for injuries to persons or property or death arising out of
or incident to the performance or failure to perform the Agreement.
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Agreement No. IAA26016
14. LAWS
The Recipient shall comply with all applicable laws, ordinances,codes, regulations, court rules, policies of
local and state and federal governments, as now or hereafter amended.
15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Recipient shall comply with all federal,state, and local
nondiscrimination laws, regulations and policies. In the event of the Recipient's non-compliance or refusal to
comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part.
16. NONEXCLUSIVELY
This Agreement is non-exclusive. During the term of this Agreement,the OPD reserves the right to enter
into agreements with other parties as it deems fit. Nothing contained in this Agreement shall be construed
to limit in any way the OPD's right to enter a like or similar agreement or grant a like or similar award to any
other entity or party on such terms as the OPD may in its sole discretion deem appropriate.
17. PUBLIC INFORMATION
Unless statutorily exempt from public disclosure, this Agreement and all related records are subject to
public disclosure as required by Washington's General Rule 31.1,Access to Administrative Records.Agency
when submitting records to OPD or otherwise making written inquiries or requests to OPD,shall redact any
confidential information contained therein and shall not identify clients or other case-related parties by
name.
18. RECAPTURE
In the event that the Recipient fails to perform this Agreement in accordance with state laws, federal laws,
and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to
compensate OPD for the noncompliance in addition to any other remedies available at law or in equity.
19. RECORDS MAINTENANCE
The Recipient shall maintain all books, records, documents, data and other evidence relating to this
Agreement. Recipient shall retain such records for a period of six(6)years following the end of the
Agreement period. If any litigation, claim or audit is started before the expiration of the six(6)year period,
the records shall be retained until all litigation, claims, or audit findings involving the records have been
finally resolved.
20. RIGHT OF INSPECTION
At no additional cost all records relating to the Recipient's performance under this Agreement shall be
subject at all reasonable times to inspection, review, and audit by OPD,the Office of the State Auditor, and
state officials so authorized by law, in order to monitor and evaluate performance, compliance,and quality
assurance under this Agreement.The Recipient shall provide access to its facilities for this purpose.
21. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the fundamental
purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable.
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22. SURVIVORSHIP
The terms, conditions and warranties contained in this Agreement that by their sense and context are
intended to survive the completion of the performance, expiration or termination of this Agreement shall so
survive.
23. SUSPENSION FOR CONVENIENCE
OPD may suspend this Agreement or any portion thereof for a temporary period by providing written notice
to the Agency a minimum of seven (7)calendar days before the suspension date.Agency shall resume
performance on the first business day following the suspension period unless another day is specified in
writing by OPD prior to the expiration of the suspension period.
24. TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions,the aggrieved party will give the
other party written notice of such failure or violation.The responsible party will be given the opportunity to
correct the violation or failure within 15 working days. If failure or violation is not corrected,this Agreement
may be terminated immediately by written notice of the aggrieved party to the other.
25. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty(30)
calendar days prior written notification. Upon such termination,the Parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement prior to the
effective date of such termination.
26. TERMINATION FOR NON-AVAILABILITY OF FUNDS
OPD's ability to make payments is contingent on availability of funding. In the event funding from state,
federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to
completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to terminate the
Agreement, in whole or part,for convenience or to renegotiate the Agreement subject to new funding
limitations and conditions.OPD may also elect to suspend performance of the Agreement until OPD
determines the funding insufficiency is resolved.OPD may exercise any of these options with no notification
restrictions, although OPD will make a reasonable attempt to provide notice.
In the event of termination or suspension, OPD will reimburse eligible costs incurred by the Agency through
the effective date of termination or suspension. Reimbursed costs must be agreed to by OPD and the
Agency. In no event shall OPD's reimbursement exceed OPD's total responsibility under the Agreement and
any amendments.
27. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be
such in writing.
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