Approving an agreement with the WA State Office of Public Defense. BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN RE: )
Approving an Agreement between Lewis )
County and Washington State Office of Public )
Defense for Public Defense Improvement ) RESOLUTION # 15- 33
Funds )
WHEREAS, the Board of County Commissioners, Lewis County, Washington, has
reviewed the Agreement between Lewis County and Washington State Office of Public
Defense for Public Defense Improvement Funds for the period of January 1, 2016
through December 31, 2016 and;
WHEREAS, funding is available from the Washington State Office of Public
Defense, and;
WHEREAS, it appears to be in the best public interest to authorize the execution
of said agreement for Lewis County;
NOW, THEREFORE BE IT RESOLVED that the aforesaid agreement with the
Washington State Office of Public Defense granting Public Defense Improvement Funds
in the amount of $96,165 for CY 2016 is hereby approved and the Chair of the Board is
authorized to sign the same.
DONE IN OPEN SESSION this 23rd day of November, 2015.
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY WASHINGTON
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Clerk of the Board Gary St mper, Commissioner
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4. lhoWASHINGTON STATE (360)586-3164
Internet Email: opd @opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX(360)586-8165
November 4,2015
Candace Hallom
351 NW North Street
Chehalis,WA 98532
Re: Chapter 10.101 RCW Application for Public Defense Grant Funds
Dear Ms.Hallom:
The Washington State Office of Public Defense(OPD)is pleased to announce the award of RCW
10.101.070 Public Defense Grant funds to Lewis County.The award is$96,165 for use in calendar year
2016.
Enclosed is a short Interagency Agreement for your review and signature by an authorized representative
of Lewis County. The signed Interagency Agreement should be returned to OPD by December 4,2015.A
conformed copy will be sent to you for your records.A copy of OPD's policy on authorized uses is
enclosed.
The grant funds will be mailed to you in mid-December. If you want the check mailed to a different
person or office,please let us know. If Lewis County uses state BARS coding,these grant funds should
be 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 funds 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 visit your program during the year. If you have any
questions,please feel free to contact Katrin Johnson at(360)586-3164 ext. 108.
Sincerely,
, ,_ ,41tee_,4 - ,:?1,71(._ta,,,i4, ,,, ,
Sophia Byrd McSherry, Deputy Direct()
cc: Presiding Judge Richard L. Brosey,Lewis County Superior Court
Presiding Judge R.W. Buzzard,Lewis County District Court
Enclosures
711 Capitol Way South •Suite 106 • P.O. Box 40957 • Olympia,Washington 98504-0957
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
COUNTY/CITY USE OF STATE PUBLIC DEFENSE FUNDING
(as amended June 2008)
State funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be
used to supplant local funds that were being spent on public defense services prior to the
initial disbursement of state funds. State funds must be spent to improve the quality of
legal representation directly received by indigent defendants. The funds cannot be spent
on purely administrative functions. Following are guidelines regarding permitted use of
state public defense funds.
1. State public defense funding under Chapter 10.101 RCW may be used in the
following ways:
a) Additional investigator services
b) Additional expert services
c) Creation of a public defense office
d) New quality monitoring by an attorney coordinator who can act as a legal
supervisor for the attorneys providing public defense(but non-attorney
administrative employees of the county or city are not an approved use of funds)
e) Computers or access to electronic legal research systems for public defenders
f) Increase in public defense attorney compensation
g) Provision of public defense services at first appearance calendars (or increase of
first appearance services if public defenders are already provided)
h) Addition of more attorneys to lower public defense caseloads
i) Addition of social worker services to assist public defense attorneys
j) Direct training costs to train public defense attorneys
k) Evaluations of defendants for sentencing options, such as drug evaluations,
SSOSA, DOSA
1) Provision of internet connectivity(e.g. wireless) for public defense attorneys
m) Provision of interpreter services for attorney-client interviews and communication
(but in-court interpreter appointments required under Chapter 2.43 RCW are not
an approved use of funds)
2. State public defense funding under Chapter 10.101 RCW may not be used in
the following ways:
a) Supplanting county or city funds used for public defense services prior to the
initial disbursement of state funds to the county or city
b) Billing or other administrative costs incurred by the county or city in
administering the public defense program
c) Indigency screening
d) County, city or court technology systems or administrative equipment
e) County or city attorney time, including advice on public defense contracting,
except as provided in Section 1(d) above.
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 Ninety Six Thousand One Hundred Sixty Five and 00/100 Dollars
($96,165.00)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
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 county or court technology systems or administrative equipment.
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 in calendar year 2016. If Recipient is unable to use the funds
in 2016,the Recipient agrees to notify OPD to determine what action needs to be taken.
c. Recipient agrees to deposit the RCW.10.101.070 funds check within 14 days of receipt.
5. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement,the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes, regulations,and court rules
• Special Terms and Conditions
• General Terms and Conditions
2
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. AMERCIANS 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 attorneys 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.
3
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. 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.
4
Executive Summary
BOCC Meeting Date:
2015-11-23
Contact:
Candy Hallom
Department:
Board of County Commissioners
Wording
Approve an Agreement between Lewis County and Washington State Office of Public Defense for
Public Defense Improvement Funds.
Description
Accepting funding from the Washington State Office of Public Defense in the amount of$96,165 for
use in the calendar year 2016.
Recommendation
Other
BOCC A GENDA ITEM SUMMARY s
Resolution #: BOCC Meeting Date: Nov 23, 2015
Suggested Wording for Agenda Item: Agenda Type: Consent
Approve an Agreement between Lewis County and Washington State Office of Public Defense for Public
Defense Improvement Funds.
Brief Reason for BOCC Action:
Accepting funding from the Washington State Office of Public Defense in the amount of$96,165 for use in the
calendar year 2016.
Submitted By: Hallom, Candace Phone: 360-740-1391
Date Submitted: Nov 06, 2015
Contact Person Who Will Attend BOCC Meeting: Candy Hallom
Action Needed: Approve Resolution
Publication Requirements:
Hearing Date:
Publications:
Publication Dates:
Cover Letter To
Katrin Johnson
Washington State Office of Public Defense
P.O.Box 40957
Olympia,WA 98504-0957