Loading...
HomeMy WebLinkAboutAgreements/Contracts - Public Defense1 AX-MIW. 199 Agreement No. ICA22016 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Recipient —RCW 10-101.070 Funds 2. Recipient Representative Grant County Brett Hill PO Box 37 Director Ephrata, WA 988.23 Grant County Public Defense PO Box 37 Ephrata,, WA 98823 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Larry Jefferson PO Box 40957 Director 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 $83,018.00 January 1, 2022 through December 31, 2022 7. Purpose Chapter 10.101 RCW county distributions are statutory formula distributions for thepurpose 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, 2022 and end December 31, 2022. 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 - 7A_ t_W Cindy BOCC Chair Larry Jefferson, Director Name, Title It�-- �� Date Date Page 1 of 4 SPECIAL TERMS AND CONDITIONS Agreement No. ICA22016 I. 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 eighty-three thousand eighteen dollars and 00/100 Dollars / ($83,018.00) 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/Citv Use of State Public Defense Fundingl a. Funds cannot be used to supplant local funds that were being spent on public defense I 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 intend ed 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 FUNn.c% a. Recipient agrees to use the RCW 10.101.070 funds to improve the qualityof legal re g representation entation 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 stateb u lic defense funds.) p b. Recipient agrees to use the funds for the following purpose(s): L Adding attorneys to reduce public defense caseloads; ii. Adding investigator services; iii. Increasing public defense attorney compensation; iv. Providing public defense services at preliminary appearance calendars. c. Recipient agrees to use the funds in calendar year 2022. If Recipient is unable to use the funds in 2022, 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. ceipt. 5. OVERSIGHT Over the duration of the grant term, OPD may conduct site visits for purposes of addressing g improvements to public defense and ensuring the use of grant funds for ur theirs specified p purposes. At OPD's request, Grantee will assist in scheduling such site visits and invitingappropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and count representatives. Y p es. 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 Page 2 of 4 GENERAL TERMS AND CONDITIONS Agreement No. ICA22016 1. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon b g p y the parties. No other understandings, oral or otherwise, regarding the subject matter of this of the parties Agreement shall be deemed to exist or to bind any p es hereto. 2. AMENDMFNTC% This Agreement may be amended by mutual agreement of thearties. p 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. ADA The Recipient must comply with the ADA, which provides comprehensive ' p ve civil rights protection to individuals with disabilities in the areas of employment,ublic accommodations., odations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall g 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, i g n 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 com lia,nc p e with the Ethics in Public Service, Chapter 42.52 RCW and an y other applicable court rule or state or federal law related to ethics conflicts of interest. or 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 County. Thurston 9. INDEMNIFICATION To the fullest extent permitted by law, the Recipient shall indemnify,defend, end, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers agents gents and employees of the state, from and against all claims or damages for injuries to persons or property or death arisingout 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 p y 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 g ement in accordance with state laws, federal laws, and/or the provisions of the Agreement, OPD reserves the right g to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available 13. RECORDS MAINTENANCE at law or in equity. Page 3of4 Agreement No. ICA22016 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 ears following g the end of the Agreement period. If any litigation, claim or audit is started before the expiration of p 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 b OPD the Office e of the State Auditor, and state officials so authorized by law, in order to monitor and evaluateerform Agreement. Th p ance, compliance, and quality assurance under this A g e 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 held invalid, such invalidityshall p ted by reference shalt be not affect the other provisions of this Agreement that can beiven effect without the invalid provision, if such remainder conforms to the r g 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 reducedr o limited in any way after the effective date of this Contract and prior to normal completion, OPD may ay 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 an subsequent Y q ent 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. Page 4of4 Email: opd@opd.wa.gov Brett Hill Director Grant County Public Defense PO Box 37 Ephrata, WA 98823 1889 WASHINGTON STATE OFFICE OF PUBLIC DEFENSE Larry Jefferson, Director Re: Chapter 10.101 RCW Application for Public Defense Grant Funds Dear Mr. Hill: (360) 586-3164 FAX (360) 586-8165 December 20, 2021 The Washington State Office of Public Defense (OPD) t ) is pleased o announce the award of RCW 10.101.070 Public Defense Grant funds to Grant County. The award is in the amount of 83 0 2022. 18.00 for use in calendar year Enclosed is a short Interagency Agreement for your review and signature g ature by an authorized representative of Grant County. The signed Interagency Agreement should be returned by email or postal mall to OPD. A conformed copy will be sent to you for your records. A copy of OPD's policy on authorized uses i s enclosed. The funds will be provided by paper check and mailed toou in January nuary 2022 or upon receipt of the completed agreement. The check will be issued to the entity corresponding to the Statewide Vendor Number th provided in your application earlier this year: SWV0002426-25. If at you o Statewide Vendor Number, or if you wan you want the check issued under a different y t the check mailed to a different person or office,lease let u Grant County uses state BARS coding, these grant funds should be P s know. If 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 fund ' s 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 visitour program ' please feel free to contact I�atrin y p g m during the year. If you have any questions, Johnson at (360) 586-3164 ext. 108. Sincerely, Larry Jefferson, Director Justice f Service 1 Equity 1 Excellence 711 Capitol Way South • Suite 106 o P.O. Box 40957. Olympia, Washington 98504-0957 .n%.-: ,.. GRANT COUNTY DEPARTMENT OF PUBLIC DEFENSE Date: December 22, 2021 To: Board of County Commissioners From: Brett Hill, Director Re: RCW 10.101 Public Defense Funding Attached for your consideration and signature, please find a cover letter and Interagency Agreement for use of RCW Chapter 10.101 funds. If it meetsyour approval, please sign as appropriate. Please return to the Department of Public Defense. We will be happy to forward the agreement to the Washington State Office of Public Defense.