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HomeMy WebLinkAboutAgreements/Contracts - Public DefenseGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Public Defense DATE: 11/8/25 REQUEST SUBMITTED BY: Brett Hill PHONE: Ext 4009 CONTACT PERSON ATTENDING ROUNDTABLE: Brett Hill, Kathleen Holden CONFIDENTIAL INFORMATION: ❑YES BNO ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related [:]Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related El County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ® Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants -- Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB .. (W�--lAff- ��yh � �� � 3{i / �� �Rw 3 ��� 5 � 3'- ��/ .• 9 ''q '%3'S Sri }..AC-5 Request to allow the Director of Public Defense to sign the attached agreement. The agreement is with the State Office of Public Defense awarding funds to Grant County Pursuant to RCW 10.101 in the amount of $177,483.12 as funds to public defense Improvement. We have received these funds by agreement several years running. If necessary, was this document reviewed by accounting? ❑ YES 0 NO ❑ N/A If necessary, was this document reviewed by legal? ❑YES NO DATE OF ACTION: !i•o�S�— DEFERRED OR CONTINUED TO- WITHDRAWN- APPROVE- DENIED ABSTAIN D2 �y D3. ❑ N/A 4/23/24 Agreement No. IAA26013 Washington State Office of Public Defense FACE SHEET RCW 10.101.070 FUNDS 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 below, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January L 2026 and end June 30, 2026. The rights and obligations of both partiesto 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} Grant County 711 Capitol Way South., Suite 106 PO Box 37 PO Box 40957 Ephrata, WA 98823 Olympia,, WA 98504-0957 Recipient Representative o resentative Brett Hill Geoffrey Hulsey Director of Public Defense Managing Attorney Grant County Department of Public Defense WA State Office of Public Defense Distribution Amount $177,483.12 For the Recipient Signature Title Date Use Period January 1. 2026 through June 30, 2026 For OPD Signature Geoffrey D. Hulsey Printed Name Managing Attomey Public Defense Iml2rovement Program, OPD Title Date I of 6 Agreement No. IAA26013 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 $177,483.12 Dollars (One hundred seventy-seven thousand four hundred eighty-three dollars and twelve cents) to be used for the purpose(s) described in the USE OF FUNDS below, 3. Prohibited Use of Funds has adopted in OPD Folic Counj yLC�ny Use of State Public Defense Improvement Funds) 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. Ib. 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. f. Funds cannot be used for in -court interpreter services required under Chapter 2.43 RCW, g. Funds cannot be used for pre-trial monitoring of public defense clients (e.g., SCRAM, EHM, UA) 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 Improvement Funds for guidelines regarding permitted uses of state public defense improvement funds,) b. Recipient agrees to use the funds for the following purpose(s): L Adding attorneys to reduce public defense caseloads H. Increasing public defense attorney compensation HL Providing social work services or sentencing mitigation as part of public defense representation iv. Reimbursement of training costs v. Investment in technological solutions 2 of 6 Agreement No. IAA26013 c. Recipient agrees to use the funds between January 1, 2026 and June 30, 2026, If Recipient is unable to use the funds in the Use Period, the Recipient agrees to notify OPD to determine what action needs to be taken. d. If Recipient's Statewide Vendor (SWV) registration does not accept EFT, Recipient agrees to deposit the RCW 10.101.070 funds within 14 days of receipt, S. Oversight Over the duration of the Use Period, 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: pubilc 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 itisin writing and signed by personnel authorized to bind each of the parties, 3. AMERICANS WITH DISABILITIES ACT (ADAI OF 1990., PUBLIC LAW 101-336, also referred to as the"ADA" 29 CFR Part35. The Recipient must comply with the ADA, which provides comprehensive civil rights protection to 11 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. 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. 3 of 6 Agreement No. IAA26013 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. CORRECTIONS If there are non -substantive typographical, grammar, scrivener's or drafting errors (such as erroneous numerical figures, incorrect dates., misspelled words, errant commas, etc.), OPD reserves the right to correct said errors at any time, without prior notice. 8. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrumentwhich may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counter -part of this Agreement. 9. ELECTRONIC SIGNATURES An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. 10. 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. 11. FORCE MAJEURE Neither Agency nor 0131) shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to, cooperate of the other party or third parties (except Subcontractors). In the event a Force Majeure occurs after the effective date and prior to completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to suspend performance of the Agreement until OPD determines the Force Majeure event resolved. OPD may exercise this option with no notification restrictions, 12. 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 County4, 13. INDEMNIFICATION To the fullest extent permitted by law, the Recipient shall indemnify, defend, and hold harmless the state of Washington, 0131), 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. 4of 6 Agreement No. IAA26013 14. 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. IS. 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, 16. NONEXCLUSIVELY This Agreement is non-exclusive, During the term of this Agreement, the OPD reserves the right to enter into agreements with other parties as it deems fit. Nothing contained in this Agreement shall be construed to limit in any way the OPD's right to enter a like or similar agreement or grant a like or similar award to any other entity or party on such terms as the OPD may in its sole discretion deem appropriate, 17, PUBLIC INFORMATION Unless statutorily exempt from public disclosure, this Agreement andallrelated records are subject to public disclosure as required by Washington's General Rule 31.1., Access to Administrative Records. Agency when submitting records to OPD or otherwise making written inquiries or requests to OPD, shall redact any confidential information contained therein and shall not identify clients or other case -related parties by name. 18. 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, OPI) reserves the right to recapture funds in an amount to compensate 0131) for the noncompliance in addition to any other remedies available at law or in equity. 19. 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. 20, 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 authbrized 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. 21. 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, 5 of 6 Agreement No. IAA26013 22. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance., expiration or termination of this Agreement shall so survive. 23. SUSPENSION FOR CONVENIENCE OPD may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the Agency a minimum of seven (7) calendar days before the suspension date. Agency shall resume performance on the first business day following the suspension period unless another day is specified in writing by OPD prior to the expiration of the suspension period. 24. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other, 25. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days prior written notification. Upon such termination,, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of such termination. 26. TERMINATION FOR NON -AVAILABILITY OF FUNDS OPD's ability to make payments is contingent on availability of funding. In the event funding from state., federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement.. OPD, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. OPD may also elect to suspend performance of the Agreement until OPD determines the funding insufficiency is resolved. OPD may exercise any of these options with no notification restrictions, although OPD will make a reasonable attempt to provide notice. In the event of termination or suspension., OPD will reimburse eligible costs incurred by the Agency through the effective date of termination or suspension. Reimbursed costs must be agreed to by OPD and the Agency. In no event shall OPID's reimbursement .exceed OPD's total responsibility under the Agreement and any amendments. 27. 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, 6 of 6