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HomeMy WebLinkAboutOffice of Public Defense JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Amanda Christofferson,Grants Administrator Mark McCauley,County Administrator DATE: November 18,2024 SUBJECT: This agenda request presents a grant agreement for signature between the Washington State Office of Public Defense and Jefferson County. This agreement, for an annual statutory formula distribution supports improvement public defense services. STATEMENT OF ISSUE: There is a need for funding to support and improve the public defense services received by citizens of Jefferson County. The Washington State Office of Public Defense (OPD) under Chapter 10.101 RCW provides statutory formula distributions for the purpose of improving the quality of public defense services in Washington State. OPD has allocated $32,471.16 to Jefferson County for this year from January 1, 2025 —December 31, 2025. ANALYSIS: This annual distribution from Washington State Office of Public Defense is a direct benefit to the county. FISCAL IMPACT: This is a$32,471.16 grant of state funds to the county with no match requirement and will defray expenses associated with improving the quality of legal representation received by indigent defendants in Jefferson county. RECOMMENDATION: Staff recommends that the Board of County Commissioners make a motion to delegate authority to the County Administrator to sign the Agreement with Washington State Office of Public Defense on behalf of the county. REVIEWED BY: Mark McCauley, my Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUC NONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Office of Public Defense Contract No: ICA25020 Contract For: Public defense improvement funding Term: January 1,2025-December 31,2025 COUNTY DEPARTMENT: Auditors Office Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson@co.Jefferson.wa.us AMOUNT: $32,471.16 PROCESS: Exempt from Bid Process Revenue: $32,471.16(Grant funding) Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: None Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund# 001-270 RFP or RFQ Munis Org/Obj ND33601/336002 Other: APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. Amanda Chirstofferson CERTIFIED: E N/A: Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: E N/A: © ���� AmandaChirstofferson_oftff— Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/5/2024. State agreement- cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserriche): Electronically approved as to form by PAO on 11/8/2024. No PAO signature. PAO fixed this time. Is the intention to have BoCC sign or Mark McCauley designated to sign on behalf of the County? 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 1 Agreement No. ICA25020 RCW 10.101 .070 FUNDS - FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 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 specified below, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January 1, 2025 and end December 31, 2025. 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. RECIPIENT OFFICE OF PUBLIC DEFENSE (OPD) Jefferson County 711 Capitol Way South, Suite 106 1820 Jefferson St. PO Box 40957 Port Townsend, WA 98368 Olympia, WA 98504-0957 RECIPIENT REPRESENTATIVE OPD REPRESENTATIVE Mark McCauley Geoffrey Hulsey County Administrator Managing Attorney Jefferson County WA State Office of Public Defense Distribution Amount Use Period $32,471.16 January 1, 2025 through December 31, 2025 FOR THE RECIPIENT FOR OPD Signature Signature Geoffrey D. Hulsey Printed Name Printed Name Managing Attorney Title Public Defense Improvement Program OPD Title Date Date Jefferson County 1 of 5 Appr e� form only: for 11/08/2024 Philip C. Hunsucker Date Agreement No. ICA25020 SPECIAL TERMS AND CONDITIONS 1. AGREEMENT MANAGEMENT The Representative for each of the parties shall be the contact person and responsible 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,four hundred seventy-one and 161100 Dollars. ($32,471.16)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 non-public defense county administrative staff, court staff, orjudicial 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 Jefferson County 2 of 5 Agreement No. ICA25020 c. Recipient agrees to use the funds in calendar year 2025. If Recipient is unable to use the funds in 2025, 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, Recipient 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 Jefferson County 3 of 5 Agreement No. ICA25020 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. Jefferson County 4 of 5 Agreement No. ICA25020 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. SEVERABIUTY 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. Jefferson County 5 of 5 Agreement No. ICA25020 RCW 10.101 .070 FUNDS - FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 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 specified below, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January 1, 2025 and end December 31, 2025. 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. RECIPIENT OFFICE OF PUBLIC DEFENSE (OPD) Jefferson County 711 Capitol Way South, Suite 106 1820 Jefferson St. PO Box 40957 Port Townsend, WA 98368 Olympia, WA 98504-0957 RECIPIENT REPRESENTATIVE OPD REPRESENTATIVE Mark McCauley Geoffrey Hulsey County Administrator Managing Attorney Jefferson County WA State Office of Public Defense Distribution Amount Use Period $32,471.16 January 1, 2025 through December 31, 2025 FOR THE RECIPIENT FOR OPD Signature Signature Geoffrey D. Hulsey Printed Name Printed Name Managing Attorney Title Public Defense Improvement Program OPD Title Date Date Jefferson County 1 of 5 177 form only:I/ for 11/08/2024 'Philip C. Hunsucker Date Agreement No. ICA25020 SPECIAL TERMS AND CONDITIONS 1. AGREEMENT MANAGEMENT The Representative for each of the parties shall be the contact person and responsible 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,four hundred seventy-one and 161100 Dollars. ($32,471.16)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 non-public defense county administrative staff, court staff,orjudicial 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 Jefferson County 2 of 5 Agreement No. ICA25020 c. Recipient agrees to use the funds in calendar year 2025. If Recipient is unable to use the funds in 2025, 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, Recipient 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 In. Special Terms and Conditions c. General Terms and Conditions Jefferson County 3 of 5 Agreement No. ICA25020 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. Jefferson County 4 of 5 Agreement No. ICA25020 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. SEVERABIUTY 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. Jefferson County 5 of 5