HomeMy WebLinkAboutWashington State Office of Public Defense 2022Agreement No. ICA22026
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Recipient —RCW 10.101.070 Funds
Mason County
411 N 5th St
Shelton, WA 98584
3. Office of Public Defense (OPD)
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5. Distribution Amount
$67,070.00
2. Recipient Representative
Peter Jones
Chief Public Defender
Mason County
411 N 5th St
Shelton, WA 98584
4. OPD Representative
Larry Jefferson
Director
WA State Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
6. Use Period
January 1, 2022 through December 31, 2022
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, 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
Pete es, Chief Public Defender
Name, Title
5/5/22
Date
FOR OPD
Date
rector
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Agreement No. ICA22026
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 sixty-seven thousand seventy dollars and 00/100 Dollars ($67,070.00) 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 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.
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.
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.
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
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Agreement No. ICA22026
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 19901 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.
13. RECORDS MAINTENANCE
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Agreement No. ICA22026
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. 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.
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