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FACE SHEET
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Agreement No. ICA20015
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
Jefferson County
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
$36,104.00
January 1, 2020 through December 31, 2020
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, 2020 and end December 31, 2020. 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
Joal a I. Moore, Director
Name, Title
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Date
A °ved as o or only:
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Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
SPECIAL TERMS AND CONDITIONS
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-six thousand one hundred four and 00/100 Dollars ($36,104.00) 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
Funding)
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 for the following purpose(s):
i. Provide attorney coordinator to oversee contracts,
ii. Add attorneys, and
iii. Add investigator services.
c. Recipient agrees to use the funds in calendar year 2020. If Recipient is unable to use the funds
in 2020, the Recipient agrees to notify OPD to determine what action needs to be taken.
d. Recipient agrees to deposit the RCW 10.101.070 funds check within 14 days of receipt.
5. OVERSIGHT
Over the duration of the grant term, 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, Grantee 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.
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.
Internet Email: opd@opd.wa.gov
December 20, 2019
Philip Morley
Jefferson County Administrator
PO Box 1220
Port Townsend, WA 98368
WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE
Re: Agreement No. ICA20015
Dear Mr. Morley:
(360) 586-3164
FAX (360) 586-8165
Thank you for returning the signed agreement. Enclosed is an executed copy for your files.
Should you have any questions, please contact Katrin Johnson at (360) 586-3164 ext. 108 or
Katrin.iohnsonC& opd.wa.go_v.
Sincerely,
Nicole Dodge
Administrative Assistant
Enclosures
711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957
Consent 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: December'', 2019
SUBJECT: AGREEMENT NO. ICA20015 re: Improving the Quality of Public
Defense Services; In the Amount of $36,104; Jefferson County
Administrator; Washington State Office of Public Defense
STATEMENT OF ISSUE:
County Administrator, Philip Morley has requested that this agreement be approved for 2020 funding.
ANALYSIS:
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 $36,104 to be used in 2020.
RECOMMENDATION:
Approve AGREEMENT NO. ICA20015 with the Washington State Office of Public Defense
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p Morley, Lunt Adm Date
CONTRACT REVIEW FORM
CONTRACT WITH: Washington State Office of Public Defense TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: Public Defense Services
ICA20015
12/31/20
COUNTY DEPARTMENT: County Administrator
For More Information Contact: Philip Morley NOV 13 2019
Contact Phone #: Ext. 383
RETURN TO: Leslie Locke RETU
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(Person in Department) (Date)
AMOUNT: $36,104
Revenue $36,104
Expenditure
Matching funds Required
Source(s) of Matching Funds
Step l:
APPROVED FORM
Comments
REVIEW BY.
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
❑
Cooperative Purchase
❑
Competitive Sealed Bid
❑
Small Works Roster
❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
❑ Returned for revision (See Comments)
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Step 2: REVIEW BY PROSECNG ATTORNEY
/ 2
-
Review by: � Philip C. Hunsucker
Date Reviewed: L1 Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM eturned for revision (See Comments)
Comments It /It cei Oh/*f
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of
just the Contract(s) (with the originals) to the 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 7, 2019
Philip Morley
County Administrator
Jefferson County
PO Box 1220
Port Townsend, WA 98368
C
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 $36,104.00 for use in calendar year 2020.
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 20, 2019. 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 2020. 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,
Joanne Moore, Director
cc: Presiding Superior Court Judge Keith C. Harper
Presiding District Court Judge Mindy L. Walker
Enclosures
711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957
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
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.
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December 3, 2019
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District 1 David Sullivan, District 2 Greg Brotherton, District 3
Office of Public Defense
Attn: Joanne I. Moore, Director
711 Capital Way South, Suite 1o6
PO Box 40957
Olympia, WA. 9866o
Re: AGREEMENT NO. ICA20015 re: Improving the quality of Public Defense Services; In the Amount
Of $36,104; Jefferson County Administrator; Washington State Office of Public Defense
Dear Ms. Moore,
Enclosed are 2 Originals re: AGREEMENT NO. ICA20015 re: Improving the quality of Public Defense
Services; In the Amount of $36,104; Jefferson County Administrator; Washington State Office of
Public Defense
Please sign both Originals. Keep one for your own records and please return the other signed
Original to the following address:
Jefferson County Commissioners Office
Attn: Julie Shannon
PO Box 1220
Port Townsend, WA. 98368
Please contact our office if you have any questions.
Thank you,
4 1�
Julie Shannon
Executive Secretary II
Jefferson County Commissioners Office
360 385 9100
jshannon co.jefferson.wa.us
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us