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FY270086 CITY OF EVERETT Page 5 of 17 <br />File Diversion may be, but need not be, organized under RCW 69.50.4011(3)(c), 69.50.4013(2)(c), <br />69.50.4014(2), or 69.41.030(2)(e). <br />E. “Pre-Trial Diversion” means an opportunity for a client to depart from the criminal legal system after charges <br />are filed against a defendant but before a plea is entered, or before proceeding to trial. Pre-Trial Diversion <br />may be, but need not be, organized under RCW 69.50.4017. <br />F. “Qualifying Charge” means a charge of violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, <br />69.41.030(2), (b), or (c); or a charge under a local ordinance involving allegations of possession or public <br />use of a controlled substance, counterfeit substance, or legend drug. <br />G. “Qualifying Case” means a proceeding filed against a client in a court of limited jurisdiction in which at least <br />one of the charges filed, either originally or as amended, is a Qualifying Charge, even if later dismissed. <br />H. “Representation” means appointment to represent clients in Qualifying Cases, including but not limited to <br />appearance at arraignment, pre-trial appearances, motions, sentencings, status conferences, review <br />hearings, client conferences, and preparation for trial. Representation also means appointment to represent <br />clients for Alternatives to Prosecution, including on motions to terminate clients from Alternatives to <br />Prosecution. <br />I. “Specialty or Therapeutic Court” means a court utilizing a program structured to achieve both a reduction in <br />recidivism and an increase in the likelihood of rehabilitation, or to address substance use disorder or mental <br />health conditions in defendants through continuous and judicially supervised treatment and the appropriate <br />use of services, sanctions, and incentives. <br />10. OVERSIGHT <br />Over the duration of the agreement term, OPD may conduct site visits for purposes of ensuring the use of funds for <br />their specified purposes. At OPD’s request, Recipient will assist in scheduling such site visits and inviting appropriate <br />attendees such as, but not limited to public defense attorneys, judicial officers, and city or county representatives. <br />11. AGREEMENT MANAGEMENT <br />The Parties hereby designate the following agreement administrators as the respective single points of contact for <br />purposes of this Contract, each of whom shall be the principal contact for business activities under this Contract. <br />The Parties may change administrators by written notice as set forth below. Any notices required or desired shall be <br />in writing and sent by email as set forth below or to such other address or email address as the Parties may specify <br />in writing. <br />The notice period for any termination for convenience shall be 30 days written notice. <br />Office of Public Defense <br />Attn: Grace O'Connor <br />PO Box 40957 <br />Olympia, WA 98504-0957 <br />Tel: (564) 999-6612 <br />Email: grace.oconnor@opd.wa.gov <br />CITY OF EVERETT <br />Attn: Cassie Franklin <br />2930 Wetmore Ave, Ste 10-A <br />Tel: 425-257-7115 <br />Email: cfranklin@everettwa.gov <br /> 12. RIGHTS IN DATA <br />OPD shall own all rights, title, and interest in and to all materials developed and delivered under this Contract. The <br />Recipient grants to OPD royalty-free, perpetual license to copy, use, distribute, and modify all materials developed <br />and delivered under this Contract for the use and benefit of the judicial branch of the Washington State government. <br />This license does not include the right to sub-license, sell or otherwise transfer the materials or any rights to the