HomeMy WebLinkAboutR-2017-132 Indigent Defense Expenses Grant Agreement Washington State Office of Public DefenseRESOLUTION NO. R-2017-132
A RESOLUTION ratifying and approving the City Manager's execution of a grant
agreement with the Washington State Office of Public Defense to support indigent defense
expenses
WHEREAS, the City of Yakima is mandated by the State to provide representation to
indigent criminal defendants; and
WHEREAS, the City of Yakima was awarded a grant in the amount of $177,000 from
the Washington State Office of Public Defense and the City will receive half the funds
($88,500) in January 2018 and the other half ($88,500) in January 2019, and
WHEREAS, the grant funds, in addition to City funds, are necessary in order to fulfill
the City's public defender obligations, and
WHEREAS, the City contracts with local indigent defense attorneys to represent
indigent defendants before the Yakima Municipal Court; and
WHEREAS, the City Council deems it to be in the best interest of the City to approve
the contact with Washington State Office of Public Defense for the receipt of these grant
monies, and to ratify execution of such agreement by the City Manager; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager's execution of the attached and incorporated grant agreement is
hereby ratified, and such grant agreement is hereby approved as and from such date of
execution.
ADOPTED BY THE CITY COUNCIL this 7th day of November, 2017
ATTEST:
Sonya Claare, City Clerk
athy\Coffey, or
•
Grant Agreement No. GRT18515
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City of Yakima
129 North 2nd Street
Yakima, WA 98901
2. Grantee Representative
Cliff Moore
City Manager
129 North 2nd Street
Yakima, WA 98901
3. Office of Public Defense (OPD)
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
4 OPD Representative
Joanne I. Moore
Director
Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5. Grant Amount
$177,000
6. Grant
January
grants
(See
Period
1, 2018 through December 31, 2019
7. Grant Purpose
The Chapter 10 101 RCW city grants are competitive
public defense services in Washington municipalities.
for the purpose of improving the quality of
Chapter 10.101 RCW.)
The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of
this Grant Agreement and attachments and have executed this Grant Agreement on the date below to
start January 1, 2018 and end December 31, 2019. The rights and obligations of both parties to this
Grant are governed by this Grant Agreement and the following other documents incorporated by
reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of
City Grant Agreement, and Exhibits A, B, and C.
Y FOR THEGRANTEE
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e I. Moore, Director
Date
Date
Grant Agreement GRT18515
Face Sheet
,20/7-/�9
CITY CONTRACT NO .
RESOLUTION NO:_ -.-2 3Z
Page 1 of 15
4
5
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1 GRANT 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 Grant.
a. The Representative for OPD and their contact information are identified on the Face Sheet of
this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face
Sheet of this Grant
2. GRANT AWARD AMOUNT
The Grantee is awarded one hundred seventy-seven thousand and 00/100 Dollars ($177,000) to be
used for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount
shall be disbursed to Grantee in January, 2018 for use during calendar year 2018. The remaining one-
half shall be disbursed to Grantee in January, 2019 for use during calendar year 2019
3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy County/City Use of State Public
Defense Funding).
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. Grant funds cannot be spent on purely administrative functions or billing costs
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. Grant funds cannot be used for city attorney time, including advice on public defense
contracting.
4. USE OF GRANT FUNDS
a. Grantee agrees to use the grant funds for the following:
i. Adding attorneys to reduce public defense caseloads
ii. Increasing public defense attorney compensation
iii. Providing public defense services at preliminary appearance calendars
iv. Providing interpreter services for attorney-client communications
b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose
other than those listed in Section 4a above.
c. Grantee agrees to use the first disbursement of funds in calendar year 2018, and the second
disbursement of funds in calendar year 2019. If Grantee is unable to use the funds in the year
for which the funds are disbursed, the Grantee agrees to notify OPD to determine what action
needs to be taken.
d Grantee agrees to deposit the grant check within fourteen days of receipt.
5. OVERSIGHT
a. Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD
no later than June 30, 2018 using the template found in Exhibit A. The second report shall be
Grant Agreement GRT18515
Special Terms and Conditions Page 2 of 15
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•
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6
submitted to OPD no later than December 15, 2018 using the template found in Exhibit B. The
third report shall be submitted to OPD no later than June 30, 2019 using the template found in
Exhibit C. Where indicated, reports must be submitted along with the Grantee City's public
defense attorneys' contracts, certifications of compliance, and other required documentation.
b. Over the duration of the grant term, OPD will 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 city representatives.
6. ORDER OF PRECEDENCE,
In the event of an inconsistency in this Grant, 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 Of the City Grant
• General Terms and Conditions of the City Grant
Grant Agreement GRT18515
Special Terms and Conditions Page 3 of 15
7
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Grant 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 Grantee 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 Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
6. CONFORMANCE
If any provision of this Grant 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 Grant, the Grantee 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 Grant 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 Grantee 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 Grant.
10. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies
of local and state and federal governments, as now or hereafter amended.
Grant Agreement GRT18515
General Terms and Conditions Page 4 of 15
•
•
•
8
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part.
12. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of the Grant, 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
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant
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 Grantee's performance under this Grant 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 Grant. The Grantee shall provide access to its facilities for this
purpose.
15. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant 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 Grant unless stated
to be such in writing.
Grant Agreement GRT18515
General Terms and Conditions Page 5 of 15
Distributed at the
Meeting 7-- ).7 0H
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Grant 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 Grantee 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 Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
6. CONFORMANCE
If any provision of this Grant 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 Grant, the Grantee 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 Grant 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 Grantee 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 Grant.
10. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies
of local and state and federal governments, as now or hereafter amended.
Grant Agreement GRT18515
General Terms and Conditions Page 4 of 15
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part.
12. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of the Grant, 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
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant
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 Grantee's performance under this Grant 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 Grant. The Grantee shall provide access to its facilities for this
purpose.
15. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant 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 Grant unless stated
to be such in writing.
Grant Agreement GRT18515
General Terms and Conditions Page 5 of 15
Exhibit A
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #1
All City grant recipients are required to submit a completed copy of this report, along with corresponding
documentation, to the Washington State Office of Public Defense by June 30, 2018.
City:
Date Completed:
Contact Name:
Title:
Mailing Address:
City:
Phone:
Email Address:
Zip Code:
4. efensel EMxcpenditu res/Budg
oft{ 61"i&'iFC42,.�iwfbr'
1.1 In 2017, the city paid indigent defense expenses as follows:
a. Amount spent on attorney salaries and benefits, and contract attorney
amounts including conflict attorneys:
b. Amount spent on investigators, experts, and other indigent defense
costs:
2017 Total: $
Does the above amount include state grant funds?
1.2 For 2018, the city budgeted indigent defense expenses as follows:
a. Amount budgeted for attorney salaries and benefits, and contract
attorney amounts including conflict attorneys: $
b. Amount budgeted for investigators, experts, and other indigent defense
costs:
2018 Total: $
Does the above amount include state grant funds?
Grant Agreement GRT18515
Exhibit A — Grant Report #1— Due June 30, 2018 Page 6 of 15
ection1:ID:Case Assignments
2.1 In 2017, attorneys providing indigent defense representation had the following caseloads:
Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or
non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys.
a. Cities using public defender agencies.
Number of cases assigned to public defender agency (not
including conflict counsel):
Number of probation violations and other miscellaneous
post sentencing hearings assigned:
Number of full -time -equivalent public defenders:
Average per -attorney caseload, if available:
Number of cases assigned to conflict counsel:
b. Cities using list appointments or contracts with private attorneys.
Number of cases assigned to public defense attorneys:
Number of probation violations and other miscellaneous post
sentencing hearings assigned:
Number of attorneys with public defense contracts or on
court's appointment list:
Average per -attorney caseload, if available:
3.1
Grant Amount Awarded for
2018:
3.2
Amount of Annual Grant
Funding Spent to Date:
3.3
Permissible Use(s) of Grant
Funds (See Section 4 of Grant
Agreement Special Terms and
Conditions):
Grant Agreement GRT18515
Exhibit A — Grant Report #1 — Due June 30, 2018
Page 7 of 15
{
3.4
Description of How Grant
Funds Have Been Used to
Date:
3.5
Plans for Utilizing Remaining
Funds by End of Calendar
Year (If Applicable):
3.6
Description of Impact State
Funds Have Had on Local
Public Defense Services:
3.7
Is there any particular
technical assistance that
OPD can provide your city?
Grant Agreement GRT18515
Exhibit A — Grant Report #1 — Due June 30, 2018
Page 8 of 15
"j.P "sts dQs 310.041-0: 4t
ection IV tAttachments,,an-
4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table I), and provide a
copy of each current contract in alphabetical order by attorney name. If possible, please provide scanned
copies of contracts, by CD or email attachment. Failure to provide current contracts could result in an
incomplete report.
4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the
compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table 11).
4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year,
please attach them to this report.
4.4 Provide copies of attorneys' 2018 quarterly Certificates of Compliance.
Grant Agreement GRT18515
Exhibit A — Grant Report #1 — Due June 30, 2018 Page 9 of 15
Table I: Public Defense Contracts and Subcontracts Currently in Effect (2018)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Number of misdemeanor/
gross misdemeanor cases
anticipated for the
attorney/firm in 2018
Method and rate of
payment (per
case/per hour, etc.)
Conflict cases
only?
Yes/No
Grant Agreement GRT18515
Exhibit A — Grant Report #1 — Due June 30, 2018
Page 10 of 15
Table II: List -Appointed Public Defense Attorneys (2018)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Method and rate of payment (per
case/per hour, etc.)
Number of cases assigned
Grant Agreement GRT18515
Exhibit A — Grant Report #1 — Due June 30, 2018
Page 11 of 15
Exhibit B
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #2
All City grant recipients are required to submit a completed copy of this report to the
Washington State Office of Public Defense by December 31, 2018.
Failure to timely submit this report could delay disbursement of 2019 grant funds.
City:
Report Date:
Contact - Name:
Email:
Phone:
Address:
2018 Award Amount:
Amount Spent to
Date:
Permissible Use(s) of
Grant Funds (See
Section 4 of Grant
Agreement Special
Terms and Conditions)
Description of How
Grant Funds Have
Been Used in 2018:
Grant Agreement GRT18515
Exhibit B — Grant Report #2 — Due Dec. 31, 2018
Page 12 of 15
Plans for Utilizing 2019
Grant Funds:
Description of Impact
State Funds Have Had
on Local Public
Defense Services
Is there any particular
technical assistance
that OPD can provide
your city?
Grant Agreement GRT18515
Exhibit B — Grant Report #2 — Due Dec. 31, 2018 Page 13 of 15
Exhibit C
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #3
All City grant recipients are required to submit a completed copy of this report, along with
all public defense attorneys' 2019 quarterly Certificates of Compliance to the Washington
State Office of Public Defense by June 30, 2019.
City:
Report Date:
Contact - Name:
Email:
Phone:
Address:
2019 Award Amount:
Amount Spent to
Date:
Permissible Use(s) of
Grant Funds (See
Section 4 of Grant
Agreement Special
Terms and Conditions)
Description of How
Grant Funds Have
Been Used to Date:
Grant Agreement GRT18515
Exhibit C — Grant Report #3 — Due June 30, 2019
Page 14 of 15
Plans for Utilizing
Remaining Funds by
End of Calendar Year
(If Applicable)
Description of Impact
State Funds Have Had
on Local Public
Defense Services
Is there any particular
technical assistance
that OPD can provide
your city?
Grant Agreement GRT18515
Exhibit C — Grant Report #3 — Due June 30, 2019 Page 15 of 15
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 6.H.
For Meeting of: November 7, 2017
ITEM TITLE: Resolution authorizing and ratifying a grant agreement with the
Washington State Office of Public Defense to support indigent
defense expenses
SUBMITTED BY: Cliff Moore, City Manager
SUMMARY EXPLANATION:
In August 2017, the City Manager's Office submitted an application to the State of Washington,
Office of Public Defense, for a two year competitive grant for 2018 and 2019. The City was
notified in October that the application was successful and the City would receive a grant in the
amount of $177,000 for expenses related to indigent defense. Half the funds will be disbursed
to the City in January 2018 and the other half in January 2019.
The City has been receiving grant funds from the Office of Public Defense for several years.
Without the financial support from OPD, the City would not be able to provide the funding
necessary to maintain the services and number of attorneys required to comply with unfunded
mandates.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
City Manager
Description
D resdution
D Grant agreement
Upload Date
10/31/2017
10124;2017
2
Type
Cover Memo
Cover Memo