HomeMy WebLinkAbout112717_ca02Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: November 27, 2017
SUBJECT: AGREEMENT NO. ICA18531 re: Improving the Quality of Public
Defense Services; In the Amount of $32,792; Jefferson County
Administrator; Washington State Office of Public Defense
STATEMENT OF ISSUE:
County Administrator, Philip Morley has requested that this agreement be approved for 2016 funding.
ANALYSTS:
Each year Jefferson County applies for Chapter 10.101 RCW Public Defense Funding from the Washington
State Office of Public Defense.
FISCAL IMPACT:
The award is for $32,792 to be used in 2018.
RECOMMENDATION:
Approve AGREEMENT NO. ICA 18531 with the Washington State Office of Public Defense
REV,M+-NNVED BY:
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�or ey, Cou ty Administrate Date
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WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
COUNTYICITY 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
f) 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.
Agreement No. ICA18531
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Recipient —RCW 10.101.070 Funds
2. Recipient Representative
Jefferson County
Philip Morley
PO Box 1220
County Administrator
Port Townsend, WA 98368
PO Box 1220
Port Townsend, WA 98368
3. Office of Public Defense (OPD)
4. OPD Representative
711 Capitol Way South, Suite 106
Joanne I. 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
$32,792
January 1, 2018 through December 31, 2018
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, 2018 and end December 31, 2018. 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
Joanne I. Moore, Director
Date
Date
Aved a t9� for�:
��eh�tKO� Date: /I I
Philip C. Hunsucker, Chief Civil Deputy Prosecu ng ttorney
Jefferson County Prosecuting Attorney's Office
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 thirty-two thousand seven hundred ninety-two and 00/100 Dollars
($32,792) 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 2018. If Recipient is unable to use
the funds in 2018, 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
2
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 3S.
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.
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.
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
Internet Email: opd@opd.wa.gov
November 9, 2017
Philip Morley
Jefferson County Administrator
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 $32,792 for use in calendar year 2018.
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 email or postal mail to OPD by
December 15, 2017. A conformed copy will be sent to you for your records. A copy of OPD's policy on
authorized uses is enclosed.
The funds will be provided by paper check and mailed to you in early January 2018. The check will be issued to
the entity corresponding to the Statewide Vendor Number that you provided in your application earlier this year,
SWV0002430-28. If you want the check issued under a different Statewide Vendor Number, or 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.
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,
PJjo.an�.nneMo.or,, Director
cc: Presiding Superior Court Judge Keith C. Harper
Presiding District Court Judge Jill I. Landes
Enclosures
711 Capitol Way South • Suite 106 • P.O. Box 40957 •Olympia, Washington 98504-0957