HomeMy WebLinkAboutR-2012-003 2012 Grant Agreement with Washington State Office of Public Defense RESOLUTION NO. R- 2012 -03
A RESOLUTION ratifying and approving the City Manager's execution of a grant
agreement between the City of Yakima and the Washington State Office of Public Defense
accepting the terms and conditions for the receipt of a 2012 Grant.
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 $150,000 for
2012 through the Washington State Office of Public Defense in two equal payments of
$75,000 each; 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 10 day of January, 2012.
ATTEST ,,���\\ Mayor
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City Clerk , %
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RECEIVED
CITY OF YAKIMA
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‘4 ± g 1.16Y OFFICE OF CITY MANAGER:
WASHINGTON STATE (360) 586 - 3164
Internet Email: opd @opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX (360) 586 - 8165
December 15, 2011
Michael Morales
Interim City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Re: Chapter 10.101 RCW Application for City Grant Funds
Dear Mr, Morales:
The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.101.080 City Grant funds to
the City of Yakima. The projected total award is $150,000 for use in 2012. .
Due to ongoing state budget uncertainties, OPD is distributing city grant funding in two installments, with the first payment in mid -
December for use through June 2012 and a second payment to be made after adoption of the state supplemental budget. The
December payment of $75,000 is enclosed. It is my sincere hope that the second payment will be for an equal amount, but please
understand that it could be reduced if the Legislature imposes additional budget cuts in the pending supplemental budget.
Enclosed is a short Grant Agreement for your review and signature by an authorized representative of the City of Yakima. The
signed Grant Agreement should be returned to OPD by December 30, 2011. A conformed copy will be sent to you for your records.
A copy of OPD's policy on authorized uses is enclosed.
If the City of Yakima uses state BARS coding, these grant funds should be received under BARS revenue code 334.01.2X.
Chapter 10.101 RCW requires cities awarded funds to demonstrate to OPD 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. Accordingly, OPD looks forward to receiving the city's mid -year report in July 2012 (as
required in the Grant Agreement), as well as visiting your program at least one time. during the year. .
OPD's Public Defense Services Managers are available to provide assistance to support the city's efforts or to answer questions.
Please feel free to contact Kathy Kuriyama or David Delong at (360) 586 -3164. We look forward to working with you.
Sincerely,
, d ( a/i--- ------
Joanne Moore
Director
Enclosures
c: Presiding Judge Susan J. Woodard, Yakima Municipal Court
711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504 -0957
Grant Agreement No. 12229
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee 2. Grantee Representative
City of Yakima Michael Morales
129 North 2nd Street Interim City Manager
Yakima, WA 98901 City of Yakima
129 North 2nd Street
Yakima, WA 98901
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 Grant Amount 6. Grant Period
$75,000 January 1, 2012 through June 30, 2012
7. Grant Purpose
The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of
public defense services in Washington municipalities. (See Chapter 10.101 RCW.)
The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start January 1, 2012 and
end June 30, 2012. The rights and obligations of both parties to this Grant are governed by this Grant
and the following other documents incorporated by reference: Special Terms and Conditions of the City
Grant and General Terms and Conditions of City Grant.
FOR THE GRANTEE OPD
1 07, 4 / .44 91101_
Name, Title �/ Joan(ie . Moore, Director
Date Date
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 Internet connectivity (e.g. wireless) for public defense attorneys
m) Provision of interpreter services for attorney- client interviews and communication
(but in -court interpreter 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 screening
d) County, city or court technology systems or administrative equipment
e) County or city_attorney time, including advice on public defense contracting,
except as provided in Section 1(d) above.
N,/Policies 0806
County/City Use of State Public Defense Funding
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT
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 Seventy -Five Thousand Dollars ($75,000) to be used for the purpose(s)
described in the USE OF GRANT FUNDS below.
3. PROHIBITED OF FUNDS fas 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. Grants funds cannot be used for indigency- screening costs.
d. Grant funds cannot be used for city or court technology systems or administrative equipment.
e. 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 purposes:
i. Adding attorneys to lower 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 interviews, and communications, and
v. Working to reduce public defense attorney caseloads to comply with the Washington
State Bar Association Standards for Indigent Defense Services.
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 funds in calendar year 2012. If Grantee is unable to use the funds in
2012, 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. REPORT
Grantee agrees to submit a written mid -year report to OPD no latter than July 31, 2012. The report
shall include, but not necessarily be limited'to, following: information: to date overview, how grant
funds have been used, how grant funds have impacted indigent defense services, and a brief summary
expenditure report.
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
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT
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 DISABILiTlES_ACT (ADA)OF.1990, PUBLIC LAW 101 -336, alsoleferred 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.
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.
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 Internet connectivity (e.g. wireless) for public defense attorneys
m) Provision of interpreter services for attorney - client interviews and communication
(but in -court interpreter 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 screening
d) County, city or court technology systems or administrative equipment
e) County or city attorney time, including advice on public defense contracting,
except as provided in Section 1(d) above.
N./Policies 0806 •
County /City Use of State Public Defense Funding
1'y
I L) . \ ., / i
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5e.
For Meeting of: January 10, 2012
ITEM TITLE: Resolution ratifying and approving the City Manager's execution of a grant agreement
between the City of Yakima and the Washington State Office of Public Defense
accepting the terms and conditions for the receipt of a 2012 grant.
SUBMITTED BY: Michael A. Morales, City Manager
CONTACT PERSON/TELEPHONE: Michael A. Morales, 509 - 575 -6040
SUMMARY EXPLANATION:
In July 2011, The City Manager's Office submitted an application to the Washington State Office of Public Defense for a competitive
grant for fiscal year 2012.
On December 19, 2011, the City was notified that the application was successful and the City was awarded a grant of $150,000 for
costs associated with indigent defense.
The City has received grant funds from the Office of Public Defense since 2006. During the time the costs associated with indigent
defense have continually increased. The grant is key to the City's ability to meet the contractual and state mandated requirements
associated with defense of indigent citizens before the Yakima Municipal Court.
Resolution X Ordinance Other (specify)
Contract: Mail to:
Contract Term: One year Amount: $150,000 Expiration Date: December 31, 2012
Insurance Required? No
Funding Source: Phone:
•
APPROVED , "
FOR City
SUBMITTAL: _ _ _ _ __ J ` ! !' Aanager
STAFF RECOMMENDATION:
Staff respectfully requests that Council approve the attached resolution ratifying and approving the City Manager's execution of a
grant agreement between the City of Yakima and Washington State Office of Public Defense.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download n
O 2012 Resolution accepting grant funds 11I ICS— "14- _/1
O Office of Public Defense Grant Agreement /� —°
Amendment to Grant Agreement No. 12229
WASHINGTON STATE OFFICE OFPUBLIC DEFENSE
1. Grantee 2. Grantee Representative
City of Yakima Michael Morales
,129 North 2nd Street Interim City Manager
._Yakima, WA 98901 City of Yakima
129 North 2nd Street
Yakima, WA 98901
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. Total 2012 Grant Amount 6. Grant Period Extension
$150,000,00 January 1, 2012. through December 31, 2012. •
7. Purpose
The purpose of this amendment is to extend the grant period and increase the amount covered under
this agreement by the second installment of the 2012 Chapter_10.101 RCW city grant award.
The Office of Public Defense (OPD) and Grantee, as defined above, hereby agree to extend the grant
period through December 31, 2012 and increase the total distribution amount covered under this
agreement to One Hundred Fifty Thousand and 00 /100ths Dollars ($150,000.00). All other terms and
conditions remain in full force and effect.
FOR THE GRANTEE FOR OPD
Name, Title •; ,y., • i Jo ' ni I. Moore, Director
. 4
Date Date
1