HomeMy WebLinkAboutWashington State, Office of Public Defense - 111615i
Agreement No. ICA16261
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Recipient —RCW 10.101.070 Funds
2. Recipient Representative
Jefferson County
Philip Morley
1820 Jefferson Street
Jefferson County Administrator
PO Box 1220
PO Box 1220
Port Townsend, WA 98368
Port Townsend, WA 98368
3. Office of Public Defense (OPD)
4. OPD Representative
711 Capitol Way South, Suite 106
Joanne 1. Moore
PO Box 40957
Director
Olympia, WA 98504-0957
Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5. Distribution Amount
6. Use Period
$42,076.00
January 1, 2016 through December 31, 2016
7. 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 above, acknowledge and accept the terms
of this Agreement and attachments and have executed this Agreement on the date below to start
January 1, 2016 and end December 31, 2016. 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.
FOR THE RECIPIENT
FOR OPD
Name, Title
.10 e I. Moore, Director
l �S
%( 6 (S
Date
Date
A roved/a�s form only
Jefferson Co. Prosecut Office
David Alvarez, Chief Civil DPA
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 Forty Two Thousand Seventy Six and 00/100 Dollars ($42,076.00) 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
Fundinid
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 county or court technology systems or administrative equipment.
e. Funds cannot be used for county attorney time, including advice on public defense
contracting.
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 Funding for guidelines regarding permitted
uses of state public defense funds.)
b. Recipient agrees to use the funds in calendar year 2016. If Recipient is unable to use the funds
in 2016, the Recipient agrees to notify OPD to determine what action needs to be taken.
c. Recipient agrees to deposit the RCW 10.101.070 funds check within 14 days of receipt.
5. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes, regulations, and court rules
• Special Terms and Conditions
• 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. AMERCIANS 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 attorneys fees
and costs.
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. 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.
8. 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.
9. 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 the
state, 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.
10. 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.
11. 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.
12. 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.
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13. 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.
14. 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.
15. 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.
16. 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.
4
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: November 16, 2015
SUBJECT: AGREEMENT NO. ICA16261 re: Improving the Quality of Public
Defense Services; In the Amount of $42,076; Jefferson County
Administrator; Washington State Office of Public Defense
STATEMENT OF ISSUE:
The agreement with the Washington State Office of Public Defense for Jefferson County to receive grant
funding to provide Public Defense Services is due to expire December 31, 2015.
ANALYSIS:
In August 2015, Jefferson County submitted a grant application to the Washington State Office of Public
Defense for Public Defense funding for 2016. In a letter dated November 9, 2015, the Washington State
Office of Public Defense announced Jefferson County has been awarded Public Defense grant funds in the
amount of $42,076. Included with the letter was a new Interagency Agreement for the Board of County
Commissioners' review and approval. This new agreement is for the term January 1, 2016 through December
31, 2016, and must be returned to the Washington State Office of Public Defense by December 4, 2015.
FISCAL IMPACT:
Approval of this agreement will allow Jefferson County to receive $42,076 in grant funding for providing
Public Defense Services. Upon the approval and return of the agreement to the Washington State Office of
Public Defense by December 4, 2015, the grants funds will be sent to Jefferson County in mid-December.
RECOMMENDATION:
Approve AGREEMENT NO. ICA 15298 re: Improving the Quality of Public Defense Services; In the
Amount of $35,929; Jefferson County Administrator; Washington State Office of Public Defense
W BY:
flip Morley, Co ty Adrn istr\ato Date
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
COUNTY/CITY USE OF STATE PUBLIC DEFENSE FUNDING
(as amended June 2008)
State funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be
used to supplant local funds that were being spent on public defense services prior to the
initial disbursement of state funds. State funds must be spent to improve the quality of
legal representation directly received by indigent defendants. The funds cannot be spent
on purely administrative functions. Following are guidelines regarding permitted use of
state public defense funds.
1. State public defense funding under Chapter 10.101 RCW may be used in the
following ways:
a) Additional investigator services
b) Additional expert services
c) Creation of a public defense office
d) New quality monitoring by an attorney coordinator who can act as a legal
supervisor for the attorneys providing public defense (but non -attorney
administrative employees of the county or city are not an approved use of funds)
e) Computers or access to electronic legal research systems for public defenders
0 Increase in public defense attorney compensation
g) Provision of public defense services at first appearance calendars (or increase of
first appearance services if public defenders are already provided)
h) Addition of more attorneys to lower public defense caseloads
i) Addition of social worker services to assist public defense attorneys
j) Direct training costs to train public defense attorneys
k) Evaluations of defendants for sentencing options, such as drug evaluations,
SSOSA, DOSA
1) Provision of internet connectivity (e.g. wireless) for public defense attorneys
m) Provision of interpreter services for attorney-client interviews and communication
(but in -court interpreter appointments required under Chapter 2.43 RCW are not
an approved use of funds)
2. State public defense funding under Chapter 10.101 RCW may not be used in
the following ways:
a) Supplanting county or city funds used for public defense services prior to the
initial disbursement of state funds to the county or city
b) Billing or other administrative costs incurred by the county or city in
administering the public defense program
c) Indigency screening
d) County, city or court technology systems or administrative equipment
e) County or city attorney time, including advice on public defense contracting,
except as provided in Section 1(d) above.
Leslie Locke
From: Philip Morley
Sent: Tuesday, November 10, 2015 1:36 PM
To: Anne Sears; Anne Sears office (sears@olympus.net); Tracie Bick; Sophie Nordstrom
Cc: CAO Staff
Subject: FW: Public Defense Improvement Funds - Jefferson County 2016 Award
Attachments: OPD Letter Jefferson 2015.pdf; JeffersonCountyAgreementV1.pdf; Policy on county -city use
of RCW 10 101 funds.pdf
Good news. About 6K more than prior years. Looks like there is additional case tracking we need to do. PIs read below.
CAO staff, would you please prepare these for risk/legal review and BoCC agenda? Thank you.
Philip
Philip Morley
Jefferson County Administrator
pmorley@co.iefferson.wa.us
(360) 385-9100 x-383
This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW
42.56. Additionally, all email to and from the county is captured and archived by Information Services.
From: Katrin Johnson [mailto:katrin.johnson@opd.wa.gov]
Sent: Tuesday, November 10, 2015 12:52 PM
To: Philip Morley <pmorley@coJefferson.wa.us>
Cc: Sophia Byrd McSherry <Sophia.Byrd McSherry@opd.wa.gov>
Subject: Public Defense Improvement Funds - Jefferson County 2016 Award
This email is being sent on behalf of Sophia Byrd McSherry, Deputy Director of the Washington State Office of Public
Defense
Dear Mr. Morley:
The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.101.070 Public
Defense Grant funds to Jefferson County. The award is $42,076 for use in calendar year 2016.
Enclosed is a short Interagency Agreement for your review and signature by an authorized representative of Jefferson
County. The signed Interagency Agreement should be returned by postal mail to OPD by December 4, 2015. A
conformed copy will be sent to you for your records. A copy of OPD's policy on authorized uses is enclosed.
The grant funds will be mailed to you in mid-December. If you want the check mailed to a different person or office,
please let us know. If Jefferson County uses state BARS coding, these grant funds should be received under BARS
revenue code 336.01.28.
Chapter 10.101 RCW requires counties awarded funds to demonstrate that they are either meeting the public defense
standards referenced in RCW 10.101.030, or that the funds received are used to make appreciable demonstrable
improvements in the delivery of public defense services.
Please also take notice that RCW 10.101.050 states in part, "Each individual or organization that contracts to perform
public defense services for a county or city shall report to the county or city hours billed for nonpublic defense legal
services in the previous calendar year, including number and types of private cases." From a review of Jefferson County's
grant application, it appears that the County does not require this reporting of its contract attorneys. OPD recommends
that Jefferson County takes steps to implement this process consistent with state statute. We will follow up within the
next few months to identify whether OPD can provide any assistance to help you implement this practice.
We look forward to working with you and hope to visit your program during the year. If you have any questions, please
feel free to contact Katrin Johnson at (360) 586-3164 ext. 108.
Sincerely,
Sophia Byrd 9KcSherry
Deputy Director
Washington State Office of Public Defense
360-586-3164
CONTRACT WITH:
CONTRACT REVIEW FORM
Washington State Office of Public Defense
(Contractor)
CONTRACT FOR: Public Defense Services
TERM: Ends 12/31/16
AMOUNT: .$42,076.00 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY
Review bv/
Date Reviewed:
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
ll(LO(�5
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Internet Email: opd@opd.wa.gov
November 9, 2015
Philip Morley
PO Box 1220
Port Townsend, WA 98368
WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE
Re: Chapter 10.101 RCW Application for Public Defense Grant Funds
Dear Mr. Morley:
(360) 586-3164
FAX (360) 586-8165
The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.101.070
Public Defense Grant funds to Jefferson County. The award is $42,076 for use in calendar year 2016.
Enclosed is a short Interagency Agreement for your review and signature by an authorized representative of
Jefferson County. The signed Interagency Agreement should be returned to OPD by December 4, 2015. A
conformed copy will be sent to you for your records. A copy of OPD's policy on authorized uses is enclosed.
The grant funds will be mailed to you in mid-December. If you want the check mailed to a different person or
office, please let us know. If Jefferson County uses state BARS coding, these grant funds should be received
under BARS revenue code 336.01.28.
Chapter 10.101 RCW requires counties awarded funds to demonstrate that they are either meeting the public
defense standards referenced in RCW 10.101.030, or that the funds received are used to make appreciable
demonstrable improvements in the delivery of public defense services.
Please also take notice that RCW 10.101.050 states in part, "Each individual or organization that contracts to
perform public defense services for a county or city shall report to the county or city hours billed for nonpublic
defense legal services in the previous calendar year, including number and types of private cases." From a
review of Jefferson County's grant application, it appears that the County does not require this reporting of its
contract attorneys. OPD recommends that Jefferson County takes steps to implement this process consistent
with state statute. We will follow up within the next few months to identify whether OPD can provide any
assistance to help you implement this practice.
We look forward to working with you and hope to visit your program during the year. If you have any
questions, please feel free to contact Katrin Johnson at (360) 586-3164 ext. 108.
Since 'ly,
Sophia Byrd McSherry, Deputy Director
cc: Judge Keith C. Harper, Jefferson County Superior Court
Judge Jill I. Landes, Jefferson County District Court
Enclosures
711 Capitol Way South • Suite 106 • P.O. Box 40957 •Olympia, Washington 98504-0957
t,
7 N G'to;
November 16, 2015
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Phil Johnson, District 1 David W. Sullivan, District 2 Kathleen Kler, District 3
Washington State Office of Public Defense
Attn: Joanne Moore, Director, OPD Representative
P.O. Box 40957
Olympia, WA 98504-0957
AGREEMENT NO. ICA16261 re: 2016 Public Defense Funding; Improving the Quality
of Public Defense Services
Dear Ms. Moore,
Enclosed are two Original Contracts re: 2016 Public Defense Funding; Improving the
Quality of Public Defense Services
Please sign both, keeping one Original for your records. Please return the second Original for
our records to the following address:
Jefferson County Commissioners Office
PO Box 1220
Port Townsend, WA. 98368
Please contact our office if you have any questions.
T ank you,
le Shannon
Executive Secretary I
360 385 9100
jshannonAco jefferson.wa.us
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 ,jeffbocc(it%co jefferson.wa.us
Internet Email: opd@opd.wa.gov
November 18, 2015
WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE
Julie Shannon
Jefferson County Commissioners Office
P.O. Box 1220
Port Townsend, WA 98368
Re: Agreement No.: ICA 16261
Dear Ms. Shannon:
(360) 586-3164
FAX (360) 586-8165
Thank you for returning the signed agreement. Enclosed is an executed copy for your file.
Should you have any questions, please contact Katrin Johnson at (360) 586-3164 ext. 108.
Sincerely,
V
Gym I
Debbie Coplen
Administrative Assistant
Enclosure
711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957