HomeMy WebLinkAboutWashington State Office of Public Defense - Public Defense Improvement Funding - 111824 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/�/s RECIPIENT FOR OPD
.‘,A '//%mil.
isee7Signature
41/¢P/L fZ«v
Geoffrey D. Hulsey
Printed Name Printed Name
Go iNly j7j r,u,(.)t%TR y4-roe- Managing Attorney
Title Publie Defense Improvement Program.OPD
Title
/</dd/ z/��
Date / e
Jefferson County 1 of 5
Approved?ay 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 16/100 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,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
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
Printed Name Geoffrey D. Hulsey
Printed Name
Managing Attorney
Title Public Defense Improvement Program,OPD
Title
Date Date
Jefferson County 1 of 5
Appro�e form only:
7l. i
O� i� % for 11/08/2024
Philip C. unsucker 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 16/100 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,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
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
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:
Zi/laft./gni( 146 // � +2Mark McCauley, ty Administrator Date
OL,
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Jg Oet5
a�e.
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS 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: emchristoffersoncco.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 I Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
Amanda Chirstofferson 41p10",,,,;!'q^""""'y".°—
CERTIFIED: ■ 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: [] N/A: meter grew
Amanda Chirstofferson owoce.e.
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 Laserfiche):
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