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HomeMy WebLinkAbout020121_ca06Consent 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: February 1, 2021 SUBJECT: AGREEMENT NO. ICA21016 re: Improving the Quality of Public Defense Services; In the Amount of $35,085; Jefferson County Administrator; Washington State Office of Public Defense STATEMENT OF ISSUE: County Administrator, Philip Morley has requested that this agreement be approved for 2021 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 $35,085 to be used in 2021. RECOMMENDATION: Approve AGREEMENT NO. ICA21016 with the Washington State Office of Public Defense REVIE E Y: p Morley, oun Administrator Date Internet Email: opd@opd.wa.gov December 4, 2020 Philip Morley County Administrator Jefferson County PO Box 1220 Port Townsend, WA 98368 n 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 $35,085.00 for use in calendar year 2021. 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 January 1, 2021. 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 2021. 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 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. 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) Establishing a public defense agency within the local government structure d) Professional evaluation of attorney performance by a public defense expert e) An attorney coordinator to provide oversight for local public defense services such as, but not limited to, contract management, review of attorney case/time reports, handling client complaints, approving invoices for non -attorney services and coordinating with other local government offices 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 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) m) Equipment or services to ensure safe, continuity of representation due to COVID-19 or other officially declared emergencies or disasters. Examples include personal protective equipment for defense attorneys and clients (masks, gloves, face shields, etc.) and technology for attorneys to communicate remotely with clients and participate in remote or in -person court proceedings (subscriptions for video conferencing services, devices to facilitate confidential attorney -client conversations in court, etc.). n) Subject to approval by OPD, applicants may request funds for other uses that improve public defense services and are supported by the WSBA Standards for Indigent Defense Services. 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 not exclusively used for public defense services e) County or city attorney time, including advice on public defense contracting, except as provided in Section 1(d) above. OPD Policy: County/City Use of State Public Defense Funding (July 2020) Agreement No. ICA21016 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 Jefferson County PO Box 1220 Port Townsend, WA 98368 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Sophia Byrd McSherry PO Box 40957 Deputy 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 $35,085.00 January 1, 2021 through December 31, 2021 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, 2021 and end December 31, 2021. 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 Sophia Byrd McSherry, Deputy Director Name, Title Date Date A!: � ved as to fo n on �/V ®__ Date: I Philip C. Hunsu ker, Chief Civil Deputy Pro curing 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-five thousand eighty-five and 00/100 Dollars ($35,085.00) 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 technology systems or administrative equipment intended for county administrative staff, court staff or judicial officers. e. Funds cannot be used for county attorney time, including advice on public defense contracting. 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 an attorney coordinator who oversees contracts with attorneys providing public defense, ii. Add attorneys to reduce public defense caseloads, and iii. Add investigator services. - - - c. Recipient agrees to use the funds in calendar year 2021. If Recipient is unable to use the funds in 2021, 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. 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. ATTORNEYS 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. 4 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. 5