HomeMy WebLinkAboutCONSENT Motion delegating signing authority OPD JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Amanda Christofferson,Grants Administrator
Josh Peters,County Administrator
DATE: Jiy €,2iI o zc .
SUBJECT: MOTION TO DELEGATE SIGNING AUTHORITY to the County
Administrator re: AGREEMENT re: Office of Public Defense, Simple
Possession Advocacy and Representation Program: $4,500.00; Auditor's Office;
Office of Public Defense
STATEMENT OF ISSUE:
The purpose of this Agreement is to provide partial reimbursement to Recipient for the cost of providing
high-quality indigent defense services for defendants facing charges of simple possession or public use
offenses under RCW 69.50.4011(1)(b)or(c), RCW 69.50.4013, RCW 69.50.4014,or RCW 69.41.030(1), or
under local ordinances involving allegations of simple possession or public use of a controlled substance,
counterfeit substance, or legend drugs, consistent with RCW 2.70.200. OPD has allocated$ 4,500.00 to
Jefferson County for this year from July 1, 2026—June 30, 2027.
ANALYSIS:
This award from Washington State Office of Public Defense is a direct benefit to the county.
FISCAL IMPACT:
This is a $4,500.00 grant of state funds to the county with no match requirement and will defray expenses
associated with providing defense services for indigent defendants in Jefferson County facing charges of
simple possession.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners make a motion to delegate authority to the
County Administrator, Josh Peters to sign the Agreement with Washington State Office of Public Defense
on behalf of the county.
REVIEWED BY:
C6W 77)1/9.6
Josh Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Office of Public Defense Contract No: FY270096
Contract For: Simple Possession Advocacy and Representation Term: July 1, 2026 - June 30, 2027
COUNTY DEPARTMENT: Auditors
Contact Person: Amanda Christofferson
Contact Phone: 360-385-9232
Contact email: amchristofferson@co.Jefferson.we us
AMOUNT: $4,500.00 PROCESS: — Exempt from Bid Process
Revenue: $4,500.00 Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # 001.270 (ND) RFP or RFQ
Munis Org/Obj TBD ✓ Other: Interagency Agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: 4 2$ CIAO Ley/ �� _6/30/2026
Signature G 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: I Madifia. n - _6/30/2026
Signature -C Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronicall: through Lasert ehe):
Electronically approved by Risk Management on 7/21/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/17/2026.
DPA Luther reviewed and approved on 7/17/2026.
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
1
CONTRACT FACE SHEET
1. Recipient 2. Recipient Representative
JEFFERSON COUNTY Josh Peters
1820 Jefferson St jdpeters@co.jefferson.wa.us
Port Townsend, WA 98368 360-385-9100
3. Office of Public Defense (OPD) 4. OPD Representative
711 Capitol Way South, Suite 106 Grace O'Connor
PO Box 40957 grace.oconnor@opd.wa.gov
Olympia, WA 98504-0957 (564) 999-6612
5. Maximum Reimbursement Amount 6. Period of Performance
$4,500.00 Wednesday,July 1, 2026 through Wednesday, June
30, 2027
7. Recipient Statewide Vendor Number: 8. Contract Identification Number:
SWV0002430-28 FY270096
9. Purpose
The purpose of this Agreement is to provide partial reimbursement to Recipient for the cost of providing
high-quality indigent defense services for defendants facing charges of simple possession or public use
offenses under RCW 69.50.4011(1)(b) or(c), RCW 69.50.4013, RCW 69.50.4014, or RCW 69.41.030(1),
or under local ordinances involving allegations of simple possession or public use of a controlled
substance, counterfeit substance, or legend drugs, consistent with RCW 2.70.200.
10.Acknowledgment
The Office of Public Defense (OPD) and Recipient, as defined above, acknowledge and accept the terms of
this Contract and any attachments, exhibits and hyperlinked documents herein, and have executed this
Contract on the date below. The rights and obligations of both parties are governed by this Contract and the
other documents incorporated by reference.
11.Authority
The terms and conditions of this Contract are an integration of and constitute the final, entire, and exclusive
understanding of the agreement between the parties, superseding and merging all previous agreements,
writings, and communications between the parties made prior to or at the signing of this Contract. The
parties signing below warrant they have read and understand this Contract and have authority to enter into
this agreement.
FY270096 JEFFERSON COUNTY Page 1 of 15
INTERAGENCY AGREEMENT
between
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
and
JEFFERSON COUNTY
CONTRACT NUMBER FY270096
1. PARTIES TO THE AGREEMENT
This Interagency Agreement (IAA) is made and entered into by and between the State of Washington acting by and
through the Washington State Office of Public Defense, hereinafter referred to as "OPD," and JEFFERSON COUNTY,
hereinafter referred to as "Recipient". Collectively will be known as the "parties" and individually as the "party".
2. PURPOSE
The purpose of this Agreement is to provide partial reimbursement to JEFFERSON COUNTY(Recipient) for the cost of
providing high-quality indigent defense services for defendants facing charges of simple possession or public use
offenses under RCW 69.50.4011(1)(b) or (c), RCW 69.50.4013, RCW 69.50.4014, or RCW 69.41.030(1), or under
local ordinances involving allegations of simple possession or public use of a controlled substance, counterfeit
substance, or legend drugs, consistent with RCW 2.70.200.
3. PERIOD OF AGREEMENT
Subject to its other provisions, the period of agreement under this Contract will commence on Wednesday, July 1,
2026, and run through Wednesday,June 30, 2027, unless terminated sooner or extended, as provided herein.
4. MAXIMUM REIMBURSEMENT AMOUNT
A. OPD shall reimburse for authorized expenses as identified in Section 6, Authorized Reimbursable Expenses.
B. OPD will subtract from reimbursement amounts where Recipient or Recipient's court has
assessed a cost of counsel against an indigent defendant and the indigent defendant has either
signed a promissory note for that amount, or had a fee imposed at sentencing for this
purpose. Recipient shall report such assessed costs to OPD.
C. The maximum amount Recipient may be reimbursed for authorized expenses shall not exceed $4,500.00 for
the period of this Agreement.
D. Subject to the availability of funds, and upon mutual agreement, Recipient and OPD may amend this Contract
in writing to increase the allocated maximum reimbursement amount.
FY270096 JEFFERSON COUNTY Page 2 of 15
5. TERMS OF REIMBURSEMENT
A. OPD will reimburse Recipient upon acceptance of expenses and receipt of properly completed invoices, and
sufficient documentation supporting the invoices. Recipient shall submit invoices to the Representative for
OPD subject to the invoicing schedule included in subsection (H) below.
B. OPD will provide an invoice form to Recipient. Recipient shall provide sufficient documentation accompanying
the invoice to prove,to OPD's satisfaction,the costs incurred by Recipient and to allow OPD to determine that
the costs were for Authorized Reimbursable Expenses. Sufficient documentation will include case numbers
during the invoice time period and proof that the requested expenses were paid by Recipient. Sufficient
documentation demonstrating costs incurred by Recipient may include, but is not limited to, salary pay stubs
or invoices for contracted services. OPD reserves the right to amend the invoice form at any time.
C. Payment will be considered timely if made by OPD within 30 calendar days after receipt of properly completed
invoices. OPD shall send payment to Recipient via the default payment method associated with Recipient's
Statewide Vendor Number.
D. OPD may, in its sole discretion, terminate this Agreement or withhold payments claimed by Recipient for
services rendered if Recipient fails to satisfactorily comply with any term or condition of this Agreement.
E. OPD shall not make any payments in advance or in anticipation of services or supplies to be provided under
this Agreement.
F. Recipient shall report whether it will be unable to spend the maximum reimbursement amount during the
Agreement Period, or if Recipient anticipates a need to increase the maximum reimbursement amount. Any
request to increase the maximum amount will be subject to Section 4(D) Maximum Reimbursement Amount.
OPD reserves the right to amend this agreement to reduce the maximum reimbursement amount set forth in
Section 4(D), and reallocate unspent funds to other jurisdictions, if Recipient's invoicing indicates it will be
underspent.
G. Reimbursable expenses must be incurred between Wednesday,July 1, 2026 and Wednesday,June 30,2027.
Recipient shall bear the cost of and ensure continued Consultation and Representation for all individuals who
are being represented by Recipient's attorneys on Qualifying Cases when the agreement period ends.
H. Recipient shall invoice OPD at least quarterly, but no more than once per month, according to the following
schedule.
1. Known expenses for July 1 through September 30, 2026 shall be submitted by
November 1, 2026.
2. Known expenses for October 1 through December 31, 2026 shall be submitted by
February 1, 2027.
3. Known expenses for January 1 through March 31, 2027 shall be submitted by May 1,
2027.
4. Known expenses for April 1 through June 30, 2027 shall be submitted by July 15, 2027.
I. OPD understands Recipient's contractors may not bill Recipient timely and that Recipient may not be aware
of expenses in a particular quarter until after the submission deadline has passed. OPD will reimburse for
invoices submitted outside the schedule outlined in sub-section (H) above, except for and subject to the
limitation set forth in sub-section (j) below.
FY270096 JEFFERSON COUNTY Page 3 of 15
J. OPD's fiscal year runs from July 1, 2026 to June 30, 2027. Recipient must submit invoices for costs incurred
during the performance period by July 15, 2027, or expenses may not be reimbursed. OPD makes no
guarantee of reimbursement for eligible expenses invoiced after July 15, 2027.
6. AUTHORIZED REIMBURSABLE EXPENSES
Recipient is authorized to seek reimbursement up to the maximum amount set forth in Section 4 Maximum
Reimbursement Amount, for the following costs, subject to the provisions in Section 7 Duplication of Billed Costs and
Section 8 Disallowed Costs.
A. Compensation for attorney Representation on Qualifying Cases.
B. Compensation for attorney Consultation on Qualifying Cases.
C. Support staff time devoted to assisting and supporting attorney Representation and Consultation on Qualifying
Cases.
D. Investigation costs associated with Qualifying Cases.
E. Expert services where the scope of the expert's expertise is related to a Qualifying Charge.
F. Interpreter costs (out-of-court) on Qualifying Cases.
G. Pre-approved training events for attorneys and defender professional staff.
H. Compensation for attorney Representation on an appeal undertaken according to the Rules for Appeal of
Decisions of Courts of Limited Jurisdiction (RAU) where the RAU appeal contains an issue for review arising
from a Qualifying Charge.
I. Other indirect costs necessary to providing representation or consultation if pre-approved by OPD.
7. DUPLICATION OF BILLED COSTS
Recipient shall not bill OPD for services performed under this Contract, and OPD shall not pay Recipient, if Recipient
is entitled to payment or has been or will be paid by any other source, including
grants,for that service.
8. DISALLOWED COSTS
Recipient is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its
contractors or subcontractors.
9. ADDITIONAL DEFINITIONS
A. "Alternatives to Prosecution" means an opportunity to depart from the traditional criminal case process of
charge to plea or trial. Examples include, but are not limited to, stipulated continuances, deferrals, Specialty
or Therapeutic courts, Pre-file Diversion programs, or Pre-trial Diversion programs.
B. "Consultation" means consultation for a client prior to assignment of counsel at first appearance or
arraignment. Consultation also means advising a Client on Pre-File or Pre-Trial Diversion options. Consultation
also means advising a client during the pendency of pre-trial Diversion.
C. "Client" means an indigent individual facing a pending charge or charged with a Qualifying Charge in a court
of limited jurisdiction.
D. "Pre-File Diversion" means an opportunity for a client to depart from the criminal legal system, initiated by
either law enforcement or the prosecutor,that takes place before charges are filed against the Client. Pre-File
FY270096 JEFFERSON COUNTY Page 4 of 15
Diversion may be, but need not be, organized under RCW 69.50.4011(3)(c), 69.50.4013(2)(c),
69.50.4014(2), or 69.41.030(2)(e).
E. "Pre-Trial Diversion" means an opportunity for a client to depart from the criminal legal system after charges
are filed against a defendant but before a plea is entered,or before proceeding to trial. Pre-Trial Diversion may
be, but need not be, organized under RCW 69.50.4017.
F. "Qualifying Charge" means a charge of violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014,
69.41.030(2), (b), or(c); or a charge under a local ordinance involving allegations of possession or public use
of a controlled substance, counterfeit substance, or legend drug.
G. "Qualifying Case" means a proceeding filed against a client in a court of limited jurisdiction in which at least
one of the charges filed, either originally or as amended, is a Qualifying Charge, even if later dismissed.
H. "Representation" means appointment to represent clients in Qualifying Cases, including but not limited to
appearance at arraignment, pre-trial appearances, motions,sentencings,status conferences, review hearings,
client conferences, and preparation for trial. Representation also means appointment to represent clients for
Alternatives to Prosecution, including on motions to terminate clients from Alternatives to Prosecution.
I. "Specialty or Therapeutic Court" means a court utilizing a program structured to achieve both a reduction in
recidivism and an increase in the likelihood of rehabilitation, or to address substance use disorder or mental
health conditions in defendants through continuous and judicially supervised treatment and the appropriate
use of services, sanctions, and incentives.
10. OVERSIGHT
Over the duration of the agreement term, OPD may conduct site visits for purposes of ensuring the use of 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 city or county representatives.
11. AGREEMENT MANAGEMENT
The Parties hereby designate the following agreement administrators as the respective single points of contact for
purposes of this Contract, each of whom shall be the principal contact for business activities under this Contract.The
Parties may change administrators by written notice as set forth below. Any notices required or desired shall be in
writing and sent by email as set forth below or to such other address or email address as the Parties may specify in
writing.
The notice period for any termination for convenience shall be 30 days written notice.
Office of Public Defense JEFFERSON COUNTY
Attn: Grace O'Connor Attn: Josh Peters
PO Box 40957 1820 Jefferson St
Olympia, WA 98504-0957 Tel: 360-385-9100
Tel: (564) 999-6612 Email:jdpeters@co.jefferson.wa.us
Email: grace.oconnor@opd.wa.gov
12. RIGHTS IN DATA
OPD shall own all rights, title, and interest in and to all materials developed and delivered under this Contract. The
Recipient grants to OPD royalty-free, perpetual license to copy, use, distribute,and modify all materials developed and
delivered under this Contract for the use and benefit of the judicial branch of the Washington State government.This
license does not include the right to sub-license, sell or otherwise transfer the materials or any rights to the materials
to any other person or organization for any purpose without the express written authorization of the Recipient.
FY270096 JEFFERSON COUNTY Page 5 of 15
Materials provided by OPD to the Recipient remain the sole property of OPD and cannot be used by the Recipient for
purposes beyond this Contract without the express written authorization of OPD.
However, nothing in this contract shall restrict or prohibit Recipient's actions in conformance with any federal, state,
or local law obligating Recipient to disclose public records upon request. Recipient shall not be considered in breach
of any provision or term of this contract by way of Recipient's good-faith attempt to comply with the requirements of
Washington State's Public Records Act at RCW 42.56. Recipient shall not be in breach of any term of this contract if
it discloses materials or information pursuant to a Public Records Act request and such disclosure is ultimately
determined to have been not required by law or subject to an exception to disclosure under the law.
Recipient shall, with all due haste, notify OPD of any public records request which Recipient believes requires the
disclosure of materials contemplated in this, or any other, section.
Any material or information which OPD believes is subject to an exception to RCW 42.56's disclosure requirements
shall be identified as such by OPD prior to its transmittal to Recipient.
13. RESPONSIBILITY OF THE PARTIES
Each party to this Contract assumes responsibility for claims and/or damages to persons and/or property resulting
from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility to
the other party for any third-party claims.
14. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract,the inconsistency will be resolved by giving precedence in the following
order:
A. Applicable federal and state of Washington statutes and regulations.
B. Terms and Conditions as contained in this basic Contract instrument.
C. General Terms and Conditions.
D. Any other provision,term, or material incorporated herein by reference.
15. GENERAL TERMS AND CONDITIONS
15.1. DEFINITIONS
As used throughout this Contract, the following terms have the meanings set forth below:
A. "Client" means an individual receiving services under this Contract.
B. "Recipient" means that agency, firm, provider organization, individual, or other entity performing services or
receiving an award under this Contract. It includes any subcontractor retained by Recipient as permitted under
the terms of this Contract.
C. "OPD" means the Washington State Office of Public Defense, any division, section, office, unit, or other entity
of OPD, or any of the officers or other officials lawfully representing OPD.
D. "Personal Information" means information identifiable to any person, including, but not limited to, information
that relates to a person's name, health,finances,education, business, use or receipt of governmental services
or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other
identifying numbers, and any financial identifiers.
FY270096 JEFFERSON COUNTY Page 6 of 15
E. "SAAM" means the State Administrative & Accounting Manual. It provides control and accountability over
financial and administrative affairs of the state and assists agencies in gathering and maintaining information
needed for the preparation of financial statements.
F. "Subcontractor" means one not in the employment of the Recipient who is performing all or part of those
services under this Contract under a separate contract with Recipient, regardless of tier.
15.2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
15.3. ASSIGNMENT
Recipient shall not transfer nor assign this Contract or any portion thereof; any right or benefit accruing to Recipient
under this Contract; or any claim arising under this Contract without prior written consent of OPD.
15.4. AMERICANS WITH DISABILITIES ACT
Recipient must comply with the Americans with Disabilities Act (ADA) of 1990, as amended, which provides
comprehensive civil rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications and the Washington Law Against
Discrimination RCW 49.60.
15.5. AMENDMENTS
This Contract 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.
15.6. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney
fees and costs.
15.7. CERTIFICATION REGARDING DEBARMENT
Recipient, by signature to this Contract, certifies that the Recipient is not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in
transactions (Debarred). The Recipient also agrees to include the above requirement in any and all Subcontracts into
which it enters.
Recipient certifies that the Recipient has not received notice to either fine or debar from the Department of Enterprise
Services pursuant to Chapter 39.26.200 RCW, Procurement of Goods and Services, and shall remain in compliance
throughout the term of this Contract.
Recipient shall immediately notify OPD if, during the term of this Contract, Recipient becomes Debarred. OPD may
immediately terminate this Contract by providing Recipient written notice if Recipient becomes Debarred during the
term hereof.
15.8. CERTIFICATION REGARDING ETHICS
Recipient certifies that the Recipient is now,and shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public
Service, or any other related statute, and any other applicable court rule or state or federal law related to ethics,
throughout the term of this Contract.
15.9. CERTIFICATION REGARDING PAY EQUITY
FY270096 JEFFERSON COUNTY Page 7 of 15
Pursuant to Engrossed Substitute Senate Bill 5167,69th Legislature, 2025 Regular Session,Section 914 and Chapter
49.58 RCW Washington Equal Pay and Opportunities Act, Recipient affirms equality among its workers by ensuring
similarly employed individuals are compensated as equals.
15.10. CHANGE IN STATUS
In the event of substantive change in the legal status, organizational structure or fiscal reporting responsibility of
Recipient, Recipient shall notify OPD in writing or by email of the change as soon as is practicable, but no later than
30 days after the change.
15.11. CHANGES AND MODIFICATIONS
Any change or modification to this Contract must be in writing and signed by both parties.
15.12. CONFORMANCE
If any provision of this Contract 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.
15.13. 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.
15.14. COUNTERPARTS
This Contract may be signed in any number of counterparts,each of which is an original and all of which taken together
form one single document. Execution of this Contract 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 Contract. Signatures delivered by email
in PDF format or facsimile will be binding for all purposes.
15.15. DISPUTES
To the extent practicable,the Parties shall use their best,good faith efforts cooperatively and collaboratively to resolve
any dispute that may arise in connection with this Agreement as efficiently as practicable, and at the lowest possible
level with authority to resolve such dispute. The Parties shall make a good faith effort to continue without delay to
carry out their respective responsibilities under this Agreement while attempting to resolve any such dispute.
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved
by direct negotiation,the parties shall participate in mediation in good faith. The parties shall choose the mediator by
agreement. If the parties cannot agree on a mediator, the parties shall use a mediation service that selects the
mediator for the parties. The parties agree that mediation must precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Agreement will be construed to limit the parties' choice of a mutually acceptable alternative resolution
method such as a dispute resolution board or arbitration.
15.16. ELECTRONIC SIGNATURES
An electronic signature or electronic record of this Contract or any other ancillary agreement shall be deemed to have
the same legal effect as delivery of an original executed copy of this Contract or such other ancillary agreement for all
purposes.
15.17. EXHIBITS AND HYPERLINKS
Each of the exhibits referenced herein or attached hereto and documents hyperlinked herein are incorporated into
this Agreement.
FY270096 JEFFERSON COUNTY Page 8 of 15
15.18. FORCE MAJEURE
Neither Recipient 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 Contract,
OPD, at its sole discretion, may elect to suspend performance of the Contract until OPD determines the Force Majeure
event resolved. OPD may exercise this option with no notification restrictions.
15.19. GOVERNING LAW AND VENUE
This Contract will be construed and interpreted in accordance with the laws of the state of Washington and the venue
of any action brought hereunder must be in the Superior Court for Thurston County.
15.20. HARASSMENT
Recipient shall not engage in unlawful harassment, including sexual harassment, with respect to any persons with
whom Recipient interacts in the performance of this Contract.
15.21. HEADINGS&CAPTIONS
The headings and captions used herein are for reference and convenience only and shall not enter into the
interpretation hereof unless otherwise specified herein.
15.22. INDEMNIFICATION
Recipient shall defend, protect, and hold harmless the state of Washington, including all elected officials, public
agencies, officers, and employees thereof, from and against all claims, suits, and actions, including all costs of
defense, arising from any negligent act or omission of Recipient or any authorized subcontractor or any employee or
agent of either, in the performance of this Contract.
15.23. INDEPENDENT CAPACITY OF RECIPIENT
The parties to this Contract, in the performance of it, will be acting in their individual capacities and not as agents,
employees, partners, joint ventures, or associates of one another. The employees or agents of one party will not be
considered or construed to be employees or agents of the other party for any purpose whatsoever.Moreover, Recipient
shall not hold themselves out as employees of OPD.
As provided in Chapter 236 Laws of 2012 and Washington Public Employees' Retirement System RCW 41.40.010
section 13(c), Recipient and any employees of Recipient providing services under this Contract are not, as a result of
providing services under this Contract, eligible for any public benefits, including membership in any public retirement
programs of the State of Washington.
15.24. INSURANCE INDUSTRIAL COVERAGE
If required by law, Recipient shall provide or purchase industrial insurance coverage prior to performing work under
this Contract. OPD will not be responsible for payment of industrial insurance premiums or for any other claim or
benefit for Recipient or any authorized subcontractor or employee of Recipient that might arise under the industrial
insurance laws during the performance of duties and services under this Contract. If the Department of Labor and
Industries, upon audit,determines that industrial insurance payments are due and owing as a result of work performed
under this Contract, those payments shall be made by Recipient; Recipient shall indemnify OPD and guarantee
payment of such amounts.
FY270096 JEFFERSON COUNTY Page 9 of 15
15.25. INSURANCE LIABILITY COVERAGE
Unless otherwise specified herein, Recipient shall maintain adequate insurance coverage. OPD will not be responsible
for payment of insurance premiums. The intent of the required insurance is to protect the state should there be any
claims, suits, actions, costs, damages, or expenses arising from any negligent or intentional act or omission of
Recipient or subcontractor or agents of either while performing under the terms of this Contract.
Recipient shall, prior to commencement of this Contract, obtain, at its sole cost and expense, and at all times during
the term of this Contract, maintain insurance coverage. Failure to maintain sufficient coverage shall not relieve the
Recipient of its duty of indemnification as stated in this Contract.
Recipient agrees to provide evidence of insurance coverage upon request from OPD. If Recipient is a government
agency covered by a governmental self-insurance program, it can provide verification of self-insurance to satisfy the
evidence of insurance requirement.
Recipient is advised to assess services delivered pursuant to this Contract and to purchase insurance coverage for
risks associated with those services. For example, while not necessarily required under the Contract, services may
involve advising clients or associated parties, hosting clients or associated parties on its premises,transporting clients
or associated parties in its vehicle, or storing personal information associated with a client or associated parties on
its electronic systems, amongst others. Consequently, pursuant to the assessment, Recipient may determine to
purchase insurance policies like professional liability errors and omissions coverage, general liability coverage,
business use automobile coverage, or cyber risk liability coverage, amongst others, for perils associated with those
activities.
Recipient is advised to carry short term disability insurance for any extended unavailability due to illness, injury, or
similar.
Failure to provide and maintain insurance as required may result in termination of the Contract.
By requiring insurance, the State of Washington and OPD do not represent that the coverage and limits specified will
be adequate to protect the Recipient. Such coverage and limits shall not be construed to relieve the Recipient from
liability in excess of the required coverage and limits and shall not limit the Recipient's liability under the indemnities
and reimbursements granted to the State and OPD in this Contract. All insurance provided in compliance with this
Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State.
Recipient waives all rights, claims, and causes of action against the State of Washington and OPD for the recovery of
damages covered by insurance maintained by Recipient.
15.26. LAWS
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.
15.27. LICENSING AND ACCREDITATION STANDARDS
Recipient shall comply with all applicable local, state, and federal licensing, accreditation, and registration
requirements and standards necessary in the performance of this Contract.
15.28. NON-DISCRIMINATION
Recipient shall comply with all federal and state nondiscrimination laws, regulations, and policies in the performance
of this Contract. Recipient shall not discriminate against any client or person with whom Recipient interacts in the
performance of this Contract because of race, national origin, color, gender, religion or age; disability, pregnancy, or
physical or mental health condition; sexual orientation, or gender identity or expression; marital or veteran status; or
English proficiency or speaking accent. In the event of Recipient's noncompliance or refusal to comply with any
FY270096 JEFFERSON COUNTY Page 10 of 15
nondiscrimination law, regulation, or policy, OPD may terminate this Contract in whole or in part in accordance with
the Termination for Default section below, and OPD may declare Recipient ineligible for further contracts with OPD.
15.29. NON-EXCLUSIVITY
This Contract is non-exclusive. During the term of this Contract, OPD reserves the right to enter into agreements with
other parties as it deems fit. Nothing contained in this Contract shall be construed to limit in any way OPD's right to
enter a like or similar agreement or grant a like or similar license to any other entity or party on such terms as OPD
may in its sole discretion deem appropriate.
15.30. OBLIGATIONS UPON EXPIRATION OR TERMINATION
Upon expiration or termination of this Contract, Recipient shall continue to fulfill Recipient's obligations with respect
to any Services and provisions of this Contract that, by their nature,would continue beyond the expiration,termination,
or cancellation of this Contract.
15.31. OVERPAYMENTS
If an audit of Recipient's or OPD's records determines that fees paid pursuant to this Contract are in excess of those
authorized under this Contract, Recipient shall immediately reimburse OPD for any excess amounts as determined by
such audit.
15.32. POLITICAL ACTIVITIES
Political activities of Recipient's employees and officers are limited by the State Campaign Finances and Lobbying
provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501- 1508. None of the funds provided under
this Contract shall be used for publicity, lobbying, or propaganda purposes designed to support or defeat legislation
pending before any federal, state, or local government, ballot measures or candidacy of any person for public office.
15.33. PRIVACY PROTECTION
Information collected, used or acquired in connection with this Contract shall be used solely for the purposes of this
Contract. Recipient and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make
known to unauthorized persons confidential information without the express written consent of OPD or as provided by
law or applicable rules of professional conduct. Recipient agrees to implement physical, electronic and managerial
safeguards to prevent unauthorized access to any confidential information that comes into Recipient's possession as
a result of the work performed under this Contract.
Confidential information includes, but is not limited to, any information identifiable to an individual that relates to a
natural person's health, finances, education, business, use or receipt of governmental services, names, addresses,
telephone numbers, social security numbers, driver license numbers,financial profiles, credit card numbers,financial
identifiers and any other identifying numbers, law enforcement records, or health care or state security information.
As set forth above, at Section 12, Recipient's obligations under this section shall be subordinate to Recipient's public
records disclosure requirements under the law.
15.34. PROFESSIONAL COURTESY AND CONDUCT
Recipient agrees to conduct all interactions with clients, peers, OPD, and the justice system, in a professional,
respectful, and courteous manner. The parties shall strive to maintain a collaborative and constructive working
relationship, avoiding any behavior that could be perceived as hostile, disrespectful, or disruptive. This includes
timely communication, responsiveness to inquiries, and adherence to mutually agreed timelines. OPD likewise
agrees to extend the same level of professional courtesy to the Recipient.
FY270096 JEFFERSON COUNTY Page 11 of 15
15.35. PUBLIC INFORMATION
Unless statutorily exempt from public disclosure, this Contract and all related records are subject to public disclosure
as required by Washington's General Rule 31.1, Access to Administrative Records.
Recipient, 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, unless
specifically requested by OPD to do so.
15.36. PUBLICITY
Recipient shall submit to OPD all advertising and publicity materials relating to this Contract wherein OPD's name is
mentioned or language is used from which the connection of OPD may, in OPD's judgment, be inferred or implied.
Recipient shall not publish or use such advertising and publicity materials without OPD's prior written consent.
15.37. RECAPTURE
If the Recipient fails to perform this Contract in accordance with state laws,federal laws, and/or the provisions of the
Contract, 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.
15.38. RECORDS, DOCUMENTS,AND REPORTS
Recipient shall maintain books, records, documents, data, and other evidence relating to this Contract and
performance of the services described herein, including but not limited to accounting procedures and practices that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract.
Recipient shall retain such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the contract, will be subject at all reasonable times to inspection,
review, or audit by OPD, personnel duly authorized by the OPD, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation, or agreement.
If any litigation, claim, or audit is started before the expiration of the six-year period, Recipient shall retain the records
until all litigation, claims, or audit findings involving the records have been resolved.
15.39. REGISTRATION WITH DEPARTMENT OF REVENUE
The Recipient shall complete registration with the Washington State Department of Revenue and shall be responsible
for payment of all taxes due on payments made under this Contract.
15.40. REGISTRATION WITH STATEWIDE VENDOR REGISTRY
OPD will process payments using the Recipient's or authorized service provider's statewide vendor number (SWV).
Recipient or authorized service provider shall complete registration for the SWV and maintain its accuracy with the
Washington State Office of Financial Management, Statewide Vendor/Payee Services. Recipient may find all
information regarding registration at: https://ofm.wa.gov/tech-supportJstatewide-vendor-payee-services. OPD
cannot guarantee timely payment without the Recipient's or authorized service provider's current SWV.
15.41. RIGHT TO INSPECTION
At no additional cost, all records relating to the Recipient's performance under this Contract shall be subject at all
reasonable times to inspection, review,and audit by OPD,the Office of the State Auditor, and state officials authorized
by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The
Recipient shall provide access to its facilities for this purpose.
FY270096 JEFFERSON COUNTY Page 12 of 15
15.42. RIGHT TO MONITOR
Recipient shall provide right of access to its facilities to OPD or any of its officers at all reasonable times in order for
OPD to monitor and evaluate performance, compliance, and quality assurance under this Contract, not to include
inspection of confidential client information. OPD shall perform all inspections and evaluations in such a manner that
will not unduly interfere with Recipient's business or work hereunder.
15.43. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference is held invalid, such
invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision if
such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract.To this
end, the provisions of this Contract are declared to be severable.
15.44. SUBCONTRACTING
Neither Recipient nor any OPD approved subcontractor shall enter into subcontracts for any of the work contemplated
under this contract without obtaining prior written approval of OPD. Recipient's employees are not considered
subcontractors.
In no event will the existence of a subcontract operate to release or reduce the liability of Recipient to OPD for any
breach in the performance of Recipient's duties. If Recipient violates this provision OPD may, at its option, terminate
this Contract in accordance with the Termination for Default section below.
15.45. SURVIVORSHIP
The terms,conditions and warranties contained in this Contract that by their sense and context are intended to survive
the completion of the performance, expiration or termination of this Contract shall so survive.
15.46. SUSPENSION FOR CONVENIENCE
OPD may suspend this Contract or any portion thereof for a temporary period by providing written notice to the
Recipient a minimum of seven (7)calendar days before the suspension date. Recipient 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.
15.47. TAXES
Where required by statute or regulation, Recipient shall pay for and maintain in current status all taxes that are
necessary for Contract performance. If Recipient is a business registered out-of-state or out-of-country, then OPD will
pay use taxes, if any, imposed on the services and materials acquired hereunder,to the Washington State Department
of Revenue (DOR) on behalf of the Recipient.
Recipient shall complete registration with the Washington State Department of Revenue and be responsible for
payment of all taxes due on payments made under this Contract. An Out-of-State Recipient must contact the
Department of Revenue to determine whether they meet criteria to register and establish an account with the
Department of Revenue. Refer to WAC 458-20-101 (Tax registration and tax reporting) and call the Department of
Revenue at 800-647-7706 for additional information.
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance, or other
expenses for Recipient or Recipient's staff shall be Recipient's sole responsibility.
15.48. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, either party may, by written notice, beginning on the second day after
the mailing, provide notice to terminate this Contract in whole or in part. If this Contract is so terminated, OPD will be
FY270096 JEFFERSON COUNTY Page 13 of 15
liable only for payment required under the terms of this Contract for services rendered prior to the effective date of
termination.
15.49. TERMINATION FOR DEFAULT/CAUSE
OPD may terminate this Contract for default, in whole or in part, by written notice to Recipient if OPD has a reasonable
basis to believe that Recipient has:
• failed to meet or maintain any requirement for contracting with OPD.
• failed to render adequate representation or services to clients or willfully disregarded the rights and best
interests of the client.
• failed to perform under or otherwise breached any term or condition of this Contract.
• violated any applicable law or regulation.
• or otherwise breached any provision or condition of this Contract.
If it is later determined that Recipient was not in default, the termination will be considered a termination for
convenience.
15.50. TERMINATION OR SUSPENSION FOR NON-AVAILABILITY OF FUNDS
In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way, OPD, at its sole
discretion, may elect to suspend or terminate the Contract, in whole or part, for convenience or to renegotiate the
Contract subject to new funding limitations and conditions.
15.51. TERMINATION PROCEDURE
Upon expiration,suspension, or termination of this Contract, and except as otherwise directed by OPD, Recipient shall
comply with all directions contained in OPD's notice of expiration, suspension, or termination, including:
• stopping work on any cases, services or deliverables where OPD directs the cessation of work.
• completing work on any cases, services or deliverables where OPD directs the completion of work.
• complying with any other requirements for completion of work that OPD specifies.
On termination,OPD may withhold from any amounts due Recipient for completed work, services or deliverables such
sum as OPD determines to be reasonably necessary to protect OPD against potential loss or liability.
The rights of and remedies available to OPD provided in this clause are not exclusive and are in addition to any other
rights and remedies provided by law or this Contract.
In the event of termination of this Contract, OPD reserves the right to require a bond to assure completion of the work
by Recipient, pursuant to state law.
15.52. TRAVEL
If there are OPD-approved travel expenses, including but not limited to, airfare, mileage, and lodging, they will be
purchased or reimbursed in accordance with the Washington State Office of Financial Management's (OFM) State
Accounting and Administrative Manual(SAAM)travel policies and rates or its successor the Washington Administrative
and Accounting Manual (WARM). OPD may have more restrictive procedures or applicable OPD policies further limiting
travel expense purchases or reimbursement.
FY270096 JEFFERSON COUNTY Page 14 of 15
15.53. WAIVER OF DEFAULT
Waiver of any default or breach under this Contract will not be deemed to be a waiver of any subsequent default or
breach. Waiver will not be construed to be a modification of the terms of this Contract unless stated to be such in
writing, signed by OPD's Director or the Director's designee.
This Contract is executed by the persons signing below who warrant that they have the authority to execute this
Contract.
FOR RECIPIENT FOR OPD
SIGNATURE SIGNATURE
Josh Peters Grace O'Connor
FULL NAME FULL NAME
County Administrator Supervising Attorney
TITLE TITLE
DATE SIGNED DATE SIGNED
This Contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No
other understandings or representations, oral or otherwise, regarding the subject matter of this Contract will be
deemed to exist or to bind any of the parties hereto. This Contract may be altered, amended,or waived only by a
written amendment executed by both parties.
Approved as to form only
07-17-2026
erenuah Luther Date
Deputy Prosecurin¢Attorney
effers n Count Prosecutor's Office
FY270096 JEFFERSON COUNTY Page 15 of 15