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Approve agreement with WA State Office of Public Defense, Public Defense Improvement Funds BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 19-357 APPROVING AN AGREEMENT BETWEEN LEWIS COUNTY AND WASHINGTON STATE OFFICE OF PUBLIC DEFENSE FOR PUBLIC DEFENSE IMPROVEMENT 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, 2020 through December 31, 2020; 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 $100,900 for CY 2020 is hereby approved and the Chair of the Board is authorized to sign the same. DONE IN OPEN SESSION this 2nd day of December, 2019 APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Robert C. Jackson By Eric Eisenberg, Robert C Jackson, Chair Chief Civil Deputy Prosecuting Attorney • UNTY;'{• ATTEST.•'�� s; Gary Stamper SINCE ';Lary Stamper, Vice Chair I$ A5 r,.• •.�y`:'v L': Rieva Lester Edna J Fund Rieva Lester, Edna J. Fund, Commissioner Clerk of the Lewis County Board of County Commissioners Agreement No ICA20020 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1 Recipient—RCW 10.101.070 Funds 2 Recipient Representative Lewis County Candace Hallom 351 NW North St Administrative Assistant Sr Chehalis,WA 95832 Lewis County 351 NW North St Chehalis,WA 95832 3 Office of Public Defense(OPD) 4 OPD Representative 711 Capitol Way South,Suite 106 Joanne I.Moore PO Box 40957 Director Olympia,WA 98504-0957 Office of Public Defense 711 Capitol Way South,Suite 106 PO Box 40957 Olympia,WA 98504-0957 5. Distribution Amount 6 Use Period $100,900 00 January 1,2020 through December 31,2020 7 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 above,acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January 1, 2020 and end December 31,2020 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 FO E RECIPIENT FOR OPD ,te G. Joann I Moore,Director Name,Title /2- 7- /9 I Date Date 1 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 one hundred thousand nine hundred and 00/100 Dollars ($100,900.00)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 for the following purpose(s): i Provide attorney coordinator to oversee contracts,and ii Interpreter services for attorney-client communications. c Recipient agrees to use the funds in calendar year 2020 If Recipient is unable to use the funds in 2020,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,Grantee 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 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. 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 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 @,sTATFo j t' r Y .P'4 1889 WASHINGTON STATE (360)586-3164 Internet Email' opd @opd wa gov OFFICE OF PUBLIC DEFENSE FAX(360) 586-8165 November 7,2019 Candace Hallom Administrative Assistant Sr Lewis County 351 NW North St Chehalis,WA 95832 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$100,900.00 for use in calendar year 2020 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 by email or postal mail to OPD by December 20, 2019 A conformed copy will be sent to you for your records.A copy of OPD's policy on authorized uses is enclosed The funds will be provided by paper check and mailed to you in early January 2020.The check will be issued to the entity corresponding to the Statewide Vendor Number that you provided in your application earlier this year, SWV0001232-36 If you want the check issued under a different Statewide Vendor Number,or 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 Katnn Johnson at(360)586-3164 ext 108 Sincerely, Joanne Moore,Director cc Presiding Superior Court Judge James W Lawler Presiding Distnct Court Judge R.W. Buzzard Enclosures 711 Capitol Way South • Suite 106 • P 0 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 mternet connectivity(e.g. wireless)for public defense attorneys m) Provision of interpreter services for attorney-client mterviews and communication (but m-court mterpreter 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 screenmg d) County,city or court technology systems or administrative equipment e) County or city_attorney time, mcludmg advice on public defense contracting, except as provided in Section 1(d)above. i!wu ( II is, n, I)LfI BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Dec. 2, 2019 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approving an Agreement between Lewis County and Washington State Office of Public Defense for Public Defense Improvement Funds Contact: Candace Hallom Phone: 3607401391 - Board of County Department: BOCC oa d o Cou y Description: Approve an Agreement from the Washington State Office of Public Defense in the amount of $100,900 for use in the calendar year 2019. Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies Becky Butler Suzette Smith