HomeMy WebLinkAboutOffice of Public Defense Agreement JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Carolyn Gallaway, Clerk of the Board
DATE: November a20 ,2023
SUBJECT: AGREEMENT No. ICA24017 re: Improving the Quality of Public
Defense Services; In the Amount of$29,406; Jefferson County
Administrator; Washington State Office of Public Defense
STATEMENT OF ISSUE:
Each year Jefferson County applies for Chapter 10.101 RCW Public Defense Funding from the Washington
State Office of Public Defense. County Administrator Mark McCauley has requested that this agreement be
approved for 2024 funding.
FISCAL IMPACT:
The award for is for$29,406,to be used in 2024.
RECOMMENDATION:
Approve AGREEMENT NO. ICA24017 with the Washington State Office of Public Defense.
REVIEWED BY:
Mar McCauley, unty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Office of Public Defense Contract No: ICA24017
Contract For: Public Defense Services Term: 12/31/24
COUNTY DEPARTMENT: County Administrator
Contact Person: Carolyn Gallaway
Contact Phone: x 122
Contact entail: carolyn@co.jefferson wa.us
AMOUNT: $29,406 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obi ND 8ti01/336002 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFI MPLIfiWa
ITH CeSED
ND CHAPTER 42.23 RCW.
CERTIFIED: a N/A: /�'
- Date
STEP 2: DEPARTMENT CERTIFIES E PERS PROR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN D D BY ERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: a N/A: F-1
l nature Date
STEP3: RISK MANAGEMENT REVIEW(will be added electro ' ally through Laserfiche):
Electronically approved by Risk Management on 11/15/2023.
State agreement. Cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronicall through Laserfiche):
Electronically approved as to form by PAO on 11/15/2023.
State contract - cannot change.
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
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Agreement No. ICA24017
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Recipient—RCW 10.101.070 Funds 2. Recipient Representative
Jefferson County Mark McCauley
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 Geoffrey Hulsey
PO Box 40957 Managing Attorney
Olympia, WA 98504-0957 WA State Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia,WA 98504-0957
5. Distribution Amount 6. Use Period
$29,406.00 January 1, 2024 through December 31, 2024
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 1,2024 and end December 31, 2024.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
Greg Brotherton,Chair Geoffrey D. Hulsey, Managing Attorney
Public Defense Improvement Program, OPD
Date
Approved f to fibnn only: Date
O' C November 15, 2023
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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Agreement No. ICA24017
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 Twenty-nine thousand four hundred six dollars and 00/100 Dollars
($29,406.00)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
Fundin
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. Adding attorneys to reduce public defense caseloads;
ii. Adding investigator services;
iii. Adding expert services.
c. Recipient agrees to use the funds in calendar year 2024. If Recipient is unable to use the funds
in 2024, the Recipient agrees to notify OPD to determine what action needs to betaken.
d. Recipient agrees to deposit the RCW 10.101.070 funds check within 14 days of receipt.
S. 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
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Agreement No. ICA24017
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 asthe
"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.
S. 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.
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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. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced,or limited in any way
after the effective date of this Contract and prior to normal completion, OPD may terminate this
Contract. OPD shall in good faith provide as much notice as possible of such termination.
17. 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.
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