HomeMy WebLinkAbout5915 RESOLUTION NO. 5915
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE OFFICE OF PUBLIC DEFENSE TO
ACCEPT AND EXPEND GRANT FUNDS FOR PUBLIC
DEFENSE IMPROVEMENT
WHEREAS, Chapter 10.101 RCW city grants are competitive services in
Washington municipalities; and
WHEREAS, the Washington State Office of Public Defense has made additional
grant funds available to local jurisdictions to enhance the quality and effectiveness of
public defense services; and
WHEREAS, the City of Auburn is committed to maintaining constitutionally
adequate public defense services and strengthening the administration, oversight, and
delivery of those services; and
WHEREAS, the expenditures of these grant funds are intended for public defense
improvements and new expenses occurring in calendar years 2026 through June 2027;
and
WHEREAS, acceptance of this grant funding will advance the City's ongoing
efforts to ensure fairness, efficiency and compliance with constitutional and statutory
standards for public defense; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
of Auburn and the Office of Public Defense to accept grant funds and to expend such
Resolution No. 5915
July 1, 2026
Page 1 of 2 Rev. 2026
funds. The Agreement will be in substantial conformity with the Agreement attached as
Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. The City Clerk is authorized to make necessary corrections to this
Resolution including, but not limited to, the correction of scrivener's/clerical errors,
references, Resolution numbering, section/subsection numbers, and any references
thereto.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: JUL 0 6 2026
CITY OF AUBURN
NANCY € MAYOR
ATTEST: AP' -OVED A -... ..szt_..,,..,....51,,..cc,50„,,c;u34 �O'.
illirilkkatedz.L., -
Shawn Campbell, MMC, CityClerk ason ' alen, CityAttorney
Resolution No. 5915
July 1, 2026
Page 2 of 2 Rev. 2026
Exhibit A
CONTRACT FACE SHEET
1. Recipient 2. Recipient Representative
City of Auburn Haley Chuculate
25 West Main Street hchuculate@auburnwa.gov
Auburn, WA 98001 (253) 931-3040
3.Office of Public Defense(OPD) 4.OPD Representative
711 Capitol Way South, Suite 106 Geoffrey Hulsey
PO Box 40957 PDIP@opd.wa.gov
Olympia, WA 98504-0957 (564)999-6610
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5. Distribution Amount 6. Period of Use
$50,000.00 Wednesday,July 1, 2026 through Wednesday,June
1\ 30, 2027
7. Recipient Statewide Vendor Number: 8.Contract Identification Number:
5WV0002069-00 n ,,,•
FY270159
9. Purpose q
.fla
Chapter 10.101 RCW city grants are competitive gra is for the purpose of improving the quality of public
defense services in Washington municipalities. 0'‘ ,/,,:,
10.Acknowledgment
4(' � „
The Office of Public Defense (OPD)and Recipient, as defined>above,acknowledge and accept the terms of
this Contract and any attachments,exhibits and hyperlinked documents herein, and have executed this
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Contract on the date below.The rights and obligations of both parties,,,-arre governed by this Contract and the
other documents incorporated by reference.
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11.Authority ti ``
The terms and conditions of this Contract are an integration of and constitute the final, entire, and exclusive
understanding of the agreement between the parties,superseding and merging-all/previous agreements,
writings, and communications between the parties made prior to or at the signing of this Contract.The
parties signing below warrant they have read and understand this Contract and have(authoty<to enter into
this agreement. 4*\\'
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INTERAGENCY AGREEMENT
between
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
and
City of Auburn
CONTRACT NUMBER FY270159
1. PARTIES TO THE AGREEMENT
This Interagency Agreement(IAA) is made and entered into by and between the State of Washington acting by and
through the Washington State Office of Public Defense, hereinafter referred to as "OPD,"and City of Auburn,
hereinafter referred to as "Contractor"or"Recipient i\Collectively will be known as the "parties" and individually as
the "party".
2. PURPOSE 0/2
Chapter 10.101 RCW city grants are competitive grants-fo�hepuurrpose of improving the quality of public defense
services in Washington municipalities. �. '
3. PERIOD OF USE
Subject to other provisions and the availability of state funding,the use of funds under this Contract will be from
Wednesday,July 1, 2026 through Wednesday,June 30, 2027, unlessterminated sooner or extended, as provided
herein.
4. DISTRIBUTION AMOUNT
The Distribution Amount is$50,000.00 and shall be used for the authorized improvements to public defense in the
following areas:Additional attorney coverage for First and Second Appearance calendars modernization of case
management system, increased social work services, improvements on attorney-client room:f
The disbursement of any grant funds is subject to the availability of funding appropriated to OF'JD by the Washington
State Legislature.
Subject to the availability of funds,and upon mutual agreement, Recipient and OPD may amend this Contract in
writing to increase or decrease the award amount.
5. PROHIBITED USE OF FUNDS
The following are prohibited uses of improving public defense award funds.
A. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the
initial disbursement of state grant funds.
B. Funds cannot be spent on purely city or court administrative functions or billing costs.
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C. Grant funds cannot be used for cost allocation.
D. Grants funds cannot be used for indigency screening costs.
E. Grant funds cannot be used for city or court technology systems or administrative equipment.
F. Funds cannot be used for county attorney time, including advice on public defense contracting.
G. Funds cannot be used for in-court interpreter services required under Chapter 2.43 RCW.
H. Funds cannot be used for pre-trial monitoring of public defense clients (e.g., SCRAM, EHM, UA)
6. PERMISSIBLE USE OF FUNDS
Recipient agrees to use the RCW 10.101.070 funds to improve the quality of legal representation directly received
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by indigent defendants.See Chapter 10.101 RCW and OPD Policy County/City Use of State Public Defense
Improvement Funds tor/guidelines g i ee i es regarding permitted uses of state public defense improvement funds.
The Recipient agrees to the funds received for the following:Additional attorney coverage for First and Second
Appearance calendars, mod re i ation of case management system, increased social work services, improvements
on attorney-client room.
Recipient agrees to use the funds from Wednesday,July 1, 2026 through Wednesday,June 30, 2027.
If Recipient is unable to use the funds during t(n) period of use,the Recipient agrees to notify OPD to determine
what action needs to be taken. /'
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Recipient agrees to deposit the RCW 10.101.070�.'funds within 14 days of receipt if Recipient's Statewide Vendor
(SWV) registration does not accept electronic funds tr ansfer�(EFT).
7. BILLING AND INVOICING ,
---------,
Recipient will submit properly prepared itemized invoices via ema to OPD Program Manager at
geoffrey.hulsey@opd.wa.gov. Invoices shall be submitted quarterly according to the state fiscal year.
A. Invoice 1:July 1st-September 30th submitted by October1 th(
B. Invoice 2:October 1st-December 31st submitted by January 15th
C. Invoice 3:January 1st-March 31st submitted by April 15th. l7"
D. Invoice 4:April 1st-June 30th submitted by July 15th.
OPD shall payRecipient TheRecipient wil6„
l sbiriit/their invoice via
cipient upon receipt of a properly completed invoice. p � /�,�,�
email to PDIP@opd.wa.gov using an a19 template provided by OPD or a state A19-A formliThe.irivoices must:
A. Be signed and dated. �`
B. List the agreement number(contract ID).
C. Be assigned a unique invoice number provided by the Recipient.
D. Describe the services provided as required under the Permissible Use of Funds section and the Recipient's
application.
OPD shall send payment to the address or direct deposit account that Recipient designates on the Office of
Financial Management's Statewide Vendor Registry at https://ofm.wa.gov/tech-support/statewide-vendor-pavee-
services.
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OPD may, in its sole discretion,terminate this Contract or withhold payments if Recipient fails to satisfactorily
comply with any term or condition of this Contract.
8. DUPLICATION OF BILLED COSTS
Recipient shall not bill OPD for services performed under this Agreement, and OPD shall not pay Recipient, if
Recipient is entitled to payment or has been or will be paid by any other source, including
grants,for that service.
9. DISALLOWED COSTS
Recipient is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its
contractors or subcontractors.
10. OVERSIGHT
Over the duration of the agreement term, OPD may conduct site visits for purposes of ensuring the use of funds for
their specified purposess(At OPD's request, Recipient will assist in scheduling such site visits and inviting appropriate
attendees such as, but not Limit d to�public defense attorneys,judicial officers,and city or county representatives.
11. AGREEMENT MANAAGEMENT`�,�
`V
The Parties hereby designate the following agr ti ment administrators as the respective single points of contact for
purposes of this Contract,each of whom(shall be the principal contact for business activities under this Contract.
The Parties may change administrators by,w.ritterp‘n ice as set forth below.Any notices required or desired shall be
in writing and sent by email as set forth below onto such other address or email address as the Parties may specify
in writing.
The notice period for any termination for conveniencesh la l be 30 days written notice.
Office of Public Defense c.Cityro Auburn
Attn: Geoffrey Hulsey Attn:Haley Chuculate
PO Box 40957 25�West.'Main Street
Olympia, WA 98504-0957 Tel: (253)933040
Tel: (564) 999-6610 Email: hchuculate@auburnwa.gov
Email: PDIP@opd.wa.gov
12. RIGHTS IN DATA
The Recipient grants to OPD royalty-free, perpetual license to publish, copy, use,distribte^^and modify all materials
developed and delivered under this Contract for the use and benefit of the judicial branchiqgh9 Washington State
government.This license does not include the right to sub-license,sell or otherwise transfer the materials or any
rights to the materials to any other person or organization for any purpose without the express u�itten authorization
of the Recipient.
Materials provided by OPD to the Recipient remain the sole property of OPD and cannot be used by the Recipient for
purposes beyond this Contract without the express written authorization of OPD.
13. RESPONSIBILITY OF THE PARTIES
Each party to this Contract assumes responsibility for claims and/or damages to persons and/or property resulting
from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility
to the other party for any third-party claims.
14. ORDER OF PRECEDENCE
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In the event of an inconsistency in this Contract,the inconsistency will be resolved by giving precedence in the
following order:
A. Applicable federal and state of Washington statutes and regulations.
B. Terms and Conditions as contained in this basic Contract instrument.
C. General Terms and Conditions.
D. Any other provision,term, or material incorporated herein by reference. -
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FY270159 City of Auburn Page 5 of 15
15. GENERAL TERMS AND CONDITIONS
15.1. DEFINITIONS
As used throughout this Contract,the following terms have the meanings set forth below:
A. "Client" means an individual receiving services under this Contract.
B. "Contractor" and "Recipient" means that agency,firm, provider organization, individual, or other entity
performing services or receiving an award under this Contract. It includes any subcontractor retained by
Contractor/Recipient as permitted under the terms of this Contract.
C. "OPD" means the Washington State Office of Public Defense, any division,section, office, unit, or other entity
of OPD, or anAf the officers or other officials lawfully representing OPD.
D. "Personal Information:: means information identifiable to any person, including, but not limited to,
information th t e tes to a person's name, health,finances,education, business, use or receipt of
governmental servicesor other activities,addresses,telephone numbers,social security numbers, driver
license numbers,other/identifying numbers, and any financial identifiers.
E. "SAAM" means the State A rr i strative&Accounting Manual. It provides control and accountability over
financial and administrative affairs of the state and assists agencies in gathering and maintaining
information needed for the preparation f financial statements.
F. "Subcontractor" means one not in the myment of the Contractor/Recipient who is performing all or part
of those services under this Contract under a separate contract with Contractor/Recipient, regardless of tier.
15.2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed uupoiythe parties. No other understandings, oral or
otherwise, regarding the subject matter of this Contract shall(b eeemed to exist or to bind any of the parties hereto.
15.3. ASSIGNMENT
Contractor/Recipient shall not transfer nor assign this Contract or and,port n thereof;any right or benefit accruing
to Contractor under this Contract; or any claim arising under this Contract thout prior written consent of OPD.
l/
15.4. AMERICANS WITH DISABILITIES ACT
Contractor/Recipient must comply with the Americans with Disabilities Act(ADA)of.1990s amended,which
provides comprehensive civil rights protection to individuals with disabilities in the areas'of employment, public
accommodations,state and local government services, and telecommunications and they h ngton Law Against
Discrimination RCW 49.60.
15.5. AMENDMENTS
This Contract 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.
15.6. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own
attorney fees and costs.
15.7. CERTIFICATION REGARDING DEBARMENT
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Contractor/Recipient, by signature to this Contract, certifies that the Contractor/Recipient is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or
agency from participating in transactions (Debarred).The Contractor/Recipient also agrees to include the above
requirement in any and all Subcontracts into which it enters.
Contractor/Recipient certifies that the Contractor/Recipient has not received notice to either fine or debar from the
Department of Enterprise Services pursuant to Chapter 39.26.200 RCW, Procurement of Goods and Services, and
shall remain in compliance throughout the term of this Contract.
Contractor/Recipient shall immediately notify OPD if, during the term of this Contract, Contractor/Recipient becomes
Debarred. OPD may immediately terminate this Contract by providing Contractor/Recipient written notice if
Contractor/Recipient becomes Debarred during the term hereof.
15.8. CERTIFICA!ION REGARDING ETHICS
Contractor/Recipi nt ertifies.�that the Contractor/Recipient is now,and shall remain, in compliance with Chapter
42.52 RCW, Ethics in Public Service, or any other related statute,and any other applicable court rule or state or
federal law related to ethics/throughout the term of this Contract.
15.9. CERTIFICATION REGARDING'RAY EQUITY
Pursuant to Engrossed Substitute Seri/ate B 15167, 69th Legislature, 2025 Regular Session,Section 914 and
Chapter 49.58 RCW Washington Equal Pay an Opportunities Act, Contractor/Recipient affirms equality among its
workers by ensuring similarly employed individual;are compensated as equals.
15.10. CHANGE IN STATUS •
In the event of substantive change in the legal status,organizational structure or fiscal reporting responsibility of
Contractor/Recipient, Contractor/Recipient shall notify O�PD in,writing or by email of the change as soon as is
practicable, but no later than 30 days after the change:"'
15.11. CHANGES AND MODIFICATIONS
Any change or modification to this Contract must be in writing and,sign d11 '%by both parties.
15.12. CONFORMANCE
If any provision of this Contract violates any statute or rule of law of the State of°Wa hington, it is considered
modified to conform to that statute or rule of law.
15.13. CORRECTIONS
If there are non-substantive typographical,grammar,scriveners or drafting errors(such as erroneous numerical
figures, incorrect dates, misspelled words, errant commas, etc.), OPD reserves the right to c,_orrect said errors at any
time, without prior notice. :`��`�
15.14. COUNTERPARTS
This Contract may be signed in any number of counterparts, each of which is an original and all of which taken
together form one single document. Execution of this Contract at different times and places by the Parties shall not
affect the validity thereof so long as all the Parties hereto execute a counterpart of this Contract.Signatures
delivered by email in PDF format or facsimile will be binding for all purposes.
15.15. DISPUTES
To the extent practicable,the Parties shall use their best, good faith efforts cooperatively and collaboratively to
resolve any dispute that may arise in connection with this Agreement as efficiently as practicable, and at the lowest
possible level with authority to resolve such dispute.The Parties shall make a good faith effort to continue without
FY270159 City of Auburn Page 7 of 15
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delay to carry out their respective responsibilities under this Agreement while attempting to resolve any such
dispute.
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be
resolved by direct negotiation,the parties shall participate in mediation in good faith.The parties shall choose the
mediator by agreement. If the parties cannot agree on a mediator,the parties shall use a mediation service that
selects the mediator for the parties.The parties agree that mediation must precede any action in a judicial or quasi-
judicial tribunal.
Nothing in this Agreement will be construed to limit the parties' choice of a mutually acceptable alternative
resolution method such as a dispute resolution board or arbitration.
15.16. ELECTRONIC SIGNATURES
An electronic signpturimelectronic record of this Contract or any other ancillary agreement shall be deemed to
have the same legal ,ffectas delivery of an original executed copy of this Contract or such other ancillary agreement
for all purposes.
15.17. EXHIBITS AND HYPERL'INKS
Each of the exhibits referenced herein or attached hereto and documents hyperlinked herein are incorporated into
this Agreement.
15.18. FORCE MAJEURE
Neither Contractor/Recipient nor OPD shall Viable'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, unusual) severe weather,acts of terrorism, or other disasters,
whether or not similar to the foregoing,and acts or omissions -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
Contract,
OPD, at its sole discretion, may elect to suspend performanc of the Contract until OPD determines the
Force Majeure event resolved. OPD may exercise this option with no noe ti if aon restrictions.
15.19. GOVERNING LAW AND VENUE ),9\
This Contract will be construed and interpreted in accordance with the laws of the s` tate of Washington and the
venue of any action brought hereunder must be in the Superior Court for Thurston(County.^
15.20. HARASSMENT
Contractor/Recipient shall not engage in unlawful harassment, including sexual harassment,with respect to any
persons with whom Contractor/Recipient interacts in the performance of this Contract.
15.21. HEADINGS&CAPTIONS
The headings and captions used herein are for reference and convenience only and shall not enter into the
interpretation hereof unless otherwise specified herein.
15.22. INDEMNIFICATION
Contractor/Recipient shall defend, protect, and hold harmless the state of Washington, including all elected officials,
public agencies, officers, and employees thereof,from and against all claims,suits, and actions, including all costs
of defense, arising from any negligent act or omission of Contractor/Recipient or any authorized subcontractor or
any employee or agent of either, in the performance of this Contract.
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15.23. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties to this Contract, in the performance of it,will be acting in their individual capacities and not as agents,
employees, partners,joint ventures,or associates of one another.The employees or agents of one party will not be
considered or construed to be employees or agents of the other party for any purpose whatsoever. Moreover,
Contractor/Recipient shall not hold themselves out as employees of OPD.
As provided in Chapter 236 Laws of 2012 and Washington Public Employees' Retirement System RCW 41.40.010
section 13(c), Contractor/Recipient and any employees of Contractor/Recipient providing services under this
Contract are not, as a result of providing services under this Contract, eligible for any public benefits, including
membership in any public retirement programs of the State of Washington.
15.24. INSURANCE INDUSTRIAL COVERAGE
If required by Iaw,.;Con ractor/Recipient shall provide or purchase industrial insurance coverage prior to performing
work under this Contract/OPD\will not be responsible for payment of industrial insurance premiums or for any other
claim or benefit for Contractor/Recipiente or any authorized subcontractor or employee of Contractor/Recipient that
might arise under the industrial insurance laws during the performance of duties and services under this Contract. If
the Department of Labor and Industries, upon audit,determines that industrial insurance payments are due and
owing as a result of work performed ur de this Contract,those payments shall be made by Contractor/Recipient;
Contractor/Recipient shall indemnitPOW and guarantee payment of such amounts.
15.25. INSURANCE LIABILITY COVERAGE
Unless otherwise specified herein, Contractor/Recipient shall maintain adequate insurance coverage. OPD will not
be responsible for payment of insurance premiums.The intent of the required insurance is to protect the state
should there be any claims,suits,actions, costs,'damages or expenses arising from any negligent or intentional act
or omission of Contractor/Recipient or subcontractor o)r agents of either while performing under the terms of this
Contract. -''
Contractor/Recipient shall, prior to commencement of this Con" tract,obtain, at its sole cost and expense,and at all
times during the term of this Contract, maintain insurance cove ageFailure to maintain sufficient coverage shall not
relieve the Contractor/Recipient of its duty of indemnification as staten'�this Contract.
Contractor/Recipient agrees to provide evidence of insurance coverage-up no request from OPD. If
Contractor/Recipient is a government agency covered by a governmental self-insurance program, it can provide
verification of self-insurance to satisfy the evidence of insurance requirement;7/
Contractor/Recipient is advised to assess services delivered pursuant to this Contract4 drto purchase insurance
coverage for risks associated with those services. For example, while not necessarily require under the Contract,
services may involve advising clients or associated parties, hosting clients or associated I, _-','rties e its premises,
transporting clients or associated parties in its vehicle,or storing personal information associated with a client or
associated parties on its electronic systems, amongst others.Consequently, pursuant to the as essment,
Contractor/Recipient may determine to purchase insurance policies like professional liability errors and omissions
coverage, general liability coverage, business use automobile coverage, or cyber risk liability coverage, amongst
others,for perils associated with those activities.
Contractor/Recipient is advised to carry short term disability insurance for any extended unavailability due to illness,
injury, or similar.
Failure to provide and maintain insurance as required may result in termination of the Contract.
By requiring insurance,the State of Washington and OPD do not represent that the coverage and limits specified will
be adequate to protect the Contractor/Recipient.Such coverage and limits shall not be construed to relieve the
Contractor/Recipient from liability in excess of the required coverage and limits and shall not limit the
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Contractor's/Recipient's liability under the indemnities and reimbursements granted to the State and OPD in this
Contract.All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-
insurance programs afforded to or maintained by the State.
Contractor/Recipient waives all rights, claims, and causes of action against the State of Washington and OPD for the
recovery of damages covered by insurance maintained by Contractor/Recipient.
15.26. LAWS
Contractor/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.
15.27. LICENSING AND ACCREDITATION STANDARDS
Contractor/RecipienYshall comply with all applicable local,state,and federal licensing, accreditation, and
ti
registration requirements and necessary in the performance of this Contract.
15.28. NON-DISCRIMINATION
Contractor/Recipient shall comply w h all federal and state nondiscrimination laws, regulations,and policies in the
performance of this Contract. Contra(r Recipient shall not discriminate against any client or person with whom
Contractor/Recipient interacts in th peormance of this Contract because of race, national origin, color,gender,
religion or age; disability, pregnancy,or physical or mental health condition;sexual orientation, or gender identity or
expression; marital or veteran status; or 'nglishproficiency or speaking accent. In the event of
Contractor's/Recipient's noncompliance or-"-refusalto comply with any nondiscrimination law, regulation, or policy,
OPD may terminate this Contract in whole or in parLin accordance with the Termination for Default section below,
and OPD may declare Contractor/Recipient ineligible f6))1
r further contracts with OPD.
15.29. NON-EXCLUSIVITY
This Contract is non-exclusive. During the term of this Contr"act, OPD reserves the right to enter into agreements with
other parties as it deems fit. Nothing contained in this Contract shall be construed to limit in any way OPD's right to
enter a like or similar agreement or grant a like or similar license 44 other entity or party on such terms as OPD
may in its sole discretion deem appropriate.
15.30. OBLIGATIONS UPON EXPIRATION OR TERMINATION
Upon expiration or termination of this Contract, Contractor/Recipient shall continue to fulfill Contractor's/Recipient's
obligations with respect to any Services and provisions of this Contract that, by theirrnature,would continue beyond
the expiration,termination, or cancellation of this Contract. S/
.41,)
15.31. OVERPAYMENTS
If an audit of Contractor's/Recipient's or OPD's records determines that fees p
paid ursuant�tontract are in
excess of those authorized under this Contract, Contractor/Recipient shall immediately reimburse OPD for any
excess amounts as determined by such audit.
15.32. POLITICAL ACTIVITIES
Political activities of Contractor's/Recipient's employees and officers may be limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501-1508.
15.33. PRIVACY PROTECTION
Information collected, used or acquired in connection with this Contract shall be used solely for the purposes of this
Contract. Contractor/Recipient and its subcontractors agree not to release, divulge, publish,transfer,sell or
otherwise make known to unauthorized persons confidential information without the express written consent of OPD
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or as provided by law or applicable rules of professional conduct. Contractor/Recipient agrees to implement
physical, electronic and managerial safeguards to prevent unauthorized access to any confidential information that
comes into Contractor's/Recipient's possession as a result of the work performed under this Contract.
Confidential information includes, but is not limited to, any information identifiable to an individual that relates to a
natural person's health,finances, education, business, use or receipt of governmental services, names, addresses,
telephone numbers,social security numbers, driver license numbers,financial profiles, credit card numbers,
financial identifiers and any other identifying numbers, law enforcement records, or health care or state security
information.
15.34. PROFESSIONAL COURTESY AND CONDUCT
Contractor/Recipient agrees to conduct all interactions with clients, peers, OPD, and the justice system, in a
professional, respectful, and courteous manner.
15.35. PUBLIC INFORMATION
Unless statutorily exempltrom pubic disclosure,this Contract and all related records are subject to public
disclosure as required by Washington's General Rule 31.1,Access to Administrative Records.
Contractor/Recipient,when submitting4r cords 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, unless specifically requested by O D to do so.15.36. PUBLICITY
Contractor/Recipient shall submit to OPD all advertising and publicity materials relating to this Contract wherein
OPD's name is mentioned or language is used from which the connection of OPD may, in OPD's judgment, be
inferred or implied.Contractor/Recipient shall not pub i or use such advertising and publicity materials without
OPD's prior written consent.
15.37. RECAPTURE
7
If the Contractor/Recipient fails to perform this Contract in accord"nce1
s with state laws,federal laws, and/or the
provisions of the Contract,OPD reserves the right to recapture fundsiiji ar amount to compensate OPD for the
noncompliance in addition to any other remedies available at law or in eq ty.
15.38. RECORDS, DOCUMENTS,AND REPORTS
Contractor/Recipient shall maintain books, records,documents, data, vi and other e" dence,relatin to this Contract
and performance of the services described herein, including but not limited to accounts g,procedures and practices
that sufficiently and properly reflect all direct and indirect costs of any nature expended in the pe ormance of this
Contract.
Contractor/Recipient shall retain such records for a period of six years following the date of final payment.At no
additional cost,these records, including materials generated under the contract,will be subject at all reasonable
times to inspection, review, or audit by OPD, personnel duly authorized by the OPD,the Office of the State Auditor,
and federal and state officials so authorized by law, regulation, or agreement.
If any litigation, claim, or audit is started before the expiration of the six-year period, Contractor/Recipient shall
retain the records until all litigation, claims,or audit findings involving the records have been resolved.
15.39. REGISTRATION WITH DEPARTMENT OF REVENUE
The Contractor/Recipient shall complete registration with the Washington State Department of Revenue and shall
be responsible for payment of all taxes due on payments made under this Contract.
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15.40. REGISTRATION WITH STATEWIDE VENDOR REGISTRY
OPD will process payments using the Contractor's/Recipient's or authorized service provider's statewide vendor
number(SWV). Contractor/Recipient or authorized service provider shall complete registration for the SWV and
maintain its accuracy with the Washington State Office of Financial Management,Statewide Vendor/Payee Services.
Contractor/Recipient may find all information regarding registration at: https://ofm.wa.gov/tech-support/statewide-
vendor-payee-services. OPD cannot guarantee timely payment without the Contractor's/Recipient's or authorized
service provider's current SWV.
15.41. RIGHT TO INSPECTION
At no additional cost, all records relating to the Contractor's/Recipient's performance under this Contract shall be
subject at all reasonable times to inspection, review,and audit by OPD,the Office of the State Auditor, and state
officials authorized by/law, in order to monitor and evaluate performance, compliance,and quality assurance under
this Contract.The Conl ira or Recipient shall provide access to its facilities for this purpose.
15.42. RIGHT TO MONITOR
Contractor/Recipient shall provide right of access to its facilities to OPD or any of its officers at all reasonable times
in order for OPD to monitor and evaluate,performance, compliance,and quality assurance under this Contract, not
to include inspection of confidential cjient information.OPD shall perform all inspections and evaluations in such a
manner that will not unduly interfere with Contractor's/Recipient's business or work hereunder.
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15.43. SEVERABILITY
If anyprovision of this Contract or anyprovision of ad document incorporated byreference is held invalid, such
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invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision if
such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract.To
this end,the provisions of this Contract are declared t1Wsee arable.
15.44. SUBCONTRACTING
Neither Contractor/Recipient nor any OPD approved subcontractoshall enter into subcontracts for any of the work
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contemplated under this contract without obtaining prior written ap riovaI of OPD. Contractor's employees are not
considered subcontractors.
In no event will the existence of a subcontract operate to release or reduce thez ability of Contractor/Recipient to
OPD for any breach in the performance of Contractors/Recipients� duties. If Contractor/Recipient violates this
provision OPD may, at its option,terminate this Contract in accordance with the T`min ion for Default section
below.
15.45. SURVIVORSHIP intended terms, conditions and warranties contained in this Contract that by their sense and context are to
survive the completion of the performance, expiration or termination of this Contract shall so s irvive.
15.46. SUSPENSION FOR CONVENIENCE
OPD may suspend this Contract or any portion thereof for a temporary period by providing written notice to the
Contractor/Recipient a minimum of seven (7)calendar days before the suspension date.Contractor/Recipient 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.
15.47. TAXES
Where required by statute or regulation, Contractor/Recipient shall pay for and maintain in current status all taxes
that are necessary for Contract performance. If Contractor/Recipient is a business registered out-of-state or out-of-
FY270159 City of Auburn Page 12 of 15
country,then OPD will pay use taxes, if any, imposed on the services and materials acquired hereunder,to the
Washington State Department of Revenue(DOR) on behalf of the Contractor/Recipient.
Contractor/Recipient shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Contract.An Out-of-State
Contractor/Recipient must contact the Department of Revenue to determine whether they meet criteria to register
and establish an account with the Department of Revenue. Refer to WAC 458-20-101(Tax registration and tax
reporting) and call the Department of Revenue at 800-647-7706 for additional information.
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance, or other
expenses for Contractor/Recipient or Contractor's/Recipient's staff shall be Contractor's/Recipient's sole
responsibility.
15.48. TERMINATION FOR CONVENIENCE
Except as otherwise Jbvided�in this Contract,either party may, by written notice, beginning on the second day after
the mailing, provide notice to terminate this Contract in whole or in part. If this Contract is so terminated, OPD will be
liable only for payment required u nder the terms of this Contract for services rendered prior to the effective date of
termination.
15.49. TERMINATION FOR DEFAULT/CAUSE
OPD may terminate this Contract for default, inrhole or in part, by written notice to Contractor/Recipient if OPD has
a reasonable basis to believe that Contractor/Recipient has:
• failed to meet or maintain any requireme thfo contracting with OPD.
• failed to render adequate representation or services to clients or willfully disregarded the rights and best
interests of the client.
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• failed to perform under or otherwise breached any term or condition of this Contract.
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• violated any applicable law or regulation. ``'
• or otherwise breached any provision or condition of this Contract..
If it is later determined that Contractor/Recipient was not in default,the tegninationmill be considered a termination
for convenience.
15.50. TERMINATION OR SUSPENSION FOR NON-AVAILABILITY OF FUNDS
In the event fundingfederal, h r r withdrawn, re uced or limitedin=an wa OPD, at its
from state, orother sources isd �� /�y� y,
sole discretion, may elect to suspend or terminate the Contract, in whole or part,for convenient or.to renegotiate
the Contract subject to new funding limitations and conditions.
15.51. TERMINATION PROCEDURE
Upon expiration,suspension, or termination of this Contract, and except as otherwise directed by OPD,
Contractor/Recipient shall comply with all directions contained in OPD's notice of expiration,suspension, or
termination, including:
• stopping work on any cases, services or deliverables where OPD directs the cessation of work.
• completing work on any cases,services or deliverables where OPD directs the completion of work.
• complying with any other requirements for completion of work that OPD specifies.
FY270159 City of Auburn Page 13 of 15
On termination, OPD may withhold from any amounts due Contractor/Recipient for completed work,services or
deliverables such sum as OPD determines to be reasonably necessary to protect OPD against potential loss or
liability.
The rights of and remedies available to OPD provided in this clause are not exclusive and are in addition to any other
rights and remedies provided by law or this Contract.
In the event of termination of this Contract, OPD reserves the right to require a bond to assure completion of the
work by Contractor/Recipient, pursuant to state law.
15.52. TRAVEL
If there are OPD-approved travel expenses, including but not limited to, airfare, mileage,and lodging,they will be
purchased or reimbursed in accordance with the Washington State Office of Financial Management's(OFM)State
Accounting and Admin stt ative Manual (SAAM)travel policies and rates or its successor the Washington
Administrative and Accounting,Manual (WAAM). OPD may have more restrictive procedures or applicable OPD
policies further limiting tra pense purchases or reimbursement.
15.53. WAIVER OF DEFAULT
Waiver of any default or breach under.Ethis Contract will not be deemed to be a waiver of any subsequent default or
breach. Waiver will not be construed'f be a_ dification of the terms of this Contract unless stated to be such in
writing,signed by OPD's Director or the Directors mo designee.,
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jer)
FY270159 City of Auburn Page 14 of 15
This Contract is executed by the persons signing below who warrant that they have the authority to execute this
Contract.
FOR RECIPIENT FOR OPD
SIGNATURE SIGNATURE
Nancy Backus Geoffrey Hulsey
FULL NAME FULL NAME
Mayor A Managing Attorney
TITLE 1c,/ TITLE
U
DATE SIGNED — '\• DATE SIGNED
This Contract, including referenced exhibits er presents all the terms and conditions agreed upon by the parties. No
other understandings or representations oral or otherwise, regarding the subject matter of this Contract will be
deemed to exist or to bind any of the parties-e eto his Contract may be altered,amended,or waived only by a
written amendment executed by both parties. 2)
(C9,7
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(12/7-\\,
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*Digital copy of Agreement sent to above recipient via OpenGov for signature upon Council review and approval
FY270159 City of Auburn Page 15 of 15