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Home My WebLink About05/07/2024 07.K. Resolution ratifying and approving the City Manager's execution of a grant agreement with the Washington State Office of Public Defense accepting the terms and conditions for a reimbursable grant for 2024 1 .. ! a, ____,) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.K. For Meeting of: May 7, 2024 ITEM TITLE: Resolution ratifying and approving the City Manager's execution of a grant agreement with the Washington State Office of Public Defense accepting the terms and conditions for a reimbursable grant for 2024 SUBMITTED BY: Dave Zabel!, Interim City Manager SUMMARY EXPLANATION: The City of Yakima applied for a Simple Possession Advocacy and Representation (SPAR) grant. On April 12, 2024, the City received notification that it was awarded a $100,000 reimbursable grant for the period of August 15, 2023 through June 30, 2024. On April 18, the interim city manager electronically signed agreement GRT24075 accepting the grant award. The purpose of the grant is to provide reimbursement to the City for the cost of providing defense counsel consultation and representation for defendants facing charges or charged with simple possession or public use offenses involving allegations of possession or public use of a controlled substance, counterfeit substance, or legend drugs. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 5/2/2024 D SPAR agreement 4/25/2024 2 RESOLUTION NO. R-2024- A RESOLUTION ratifying and approving the City Manager's execution of a grant agreement with the Washington State Office of Public Defense accepting the terms and conditions for a reimbursable grant for 2024 WHEREAS, the City of Yakima is mandated by the State to provide representation to indigent criminal defendants; and WHEREAS, the Office of Public Defense recently opened up a grant opportunity to reimburse agencies for costs of providing defense counsel consultation and representation for defendants facing charges or charged with simple possession or public use offenses involving allegations of possession or public use of a controlled substance, counterfeit substance, or legend drugs for the period of August 15, 2023 through June 30, 2024; and WHEREAS, the City of Yakima was awarded a reimbursable grant in the amount of $100,000 from the Washington State Office of Public Defense; and WHEREAS, the City Council deems it to be in the best interest of the City to approve the grant agreement 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 approved. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 3 Agreement No. GRT24075 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE Simple Possession Advocacy and Representation (SPAR) Program Funding Agreement 1. Recipient 2. Recipient Representative City of Yakima Dave Zabell 129 N.2nd Street Interim City Manager Yakima,WA 98901 129 N. 2nd Street Yakima,WA 98901 _ 3. Office of Public Defense(OPD) 4. OPD Representative 711 Capitol Way South,Suite 106 Grace O'Connor PO Box 40957 Supervising Attorney Olympia,WA 98504-0957 Office of Public Defense 711 Capitol Way South,Suite 106 PO Box 40957 Olympia,WA 98504-0957 5. Agreement Amount 6. Agreement Period $100,000.00 January 1,2024 through June 30, 2024 7. Purpose The purpose of this Agreement is to provide reimbursement to the City of Yakima (Recipient)for the cost of providing defense counsel Consultation and Representation for defendants facing charges or charged with simple possession or public use offenses under RCW 69.50.4011(1)(b)or(c), RCW 69.50.4013, RCW 69.50.4014,or RCW 69.41.030(1),or under local ordinances involving allegations of possession or public use of a controlled substance,counterfeit substance,or legend drugs,consistent with Second Engrossed Second Substitute Senate Bill 5536,Chapter 1,sec. 35,sec. 39, Laws of 2023. 8.Acknowledgement,Incorporation by Reference,and Execution The Office of Public Defense(OPD)and Recipient acknowledge and accept the terms of this Agreement and attachments and execute this Agreement as of the date the last signatory signed.The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Exhibit A,Special Terms and Conditions,and Exhibit B, General Terms and Conditions. FOR RECIPIENT FOR OPD David ZabeGG graze-o'canner David Zabell(Apr 18,2024 08:12 PC GraCe O'Connor Apr 18,2024 08:25 PDT) Dave Zabell, Interim City Manager Grace O'Connor,Supervising Attorney Apr 18, 2024 Apr 18, 2024 Date Date 4 EXHIBIT A: SPECIAL TERMS AND CONDITIONS 1. AGREEMENT MANAGEMENT a) The Representative for each of the parties will be responsible for and will be the contact person for all communications regarding the performance of this Agreement. b) The Representative for OPD and their contact information is identified on the Face Sheet of this Agreement. c) The Representative for Recipient and their contact information is identified on the Face Sheet of this Agreement. 2. REIMBURSEMENT a) Subject to Section 4 of this Exhibit,Terms of Reimbursement,OPD shall reimburse for authorized expenses as identified in Section 7 of this Exhibit,Authorized Reimbursable Expenses. 3. ALLOCATED MAXIMUM REIMBURSMENT AMOUNT a) The maximum amount Recipient may be reimbursed for authorized expenses shall not exceed $100,000.00 for the period of this Agreement. b) Subject to the availability of funds, and upon mutual agreement, Recipient and OPD may amend this Agreement in writing to increase the allocated maximum reimbursement amount. c) By mutual agreement, Recipient and OPD may extend this agreement for an additional maximum reimbursement amount. 4. TERMS OF REIMBURSEMENT a) OPD will reimburse Recipient upon acceptance of expenses and receipt of properly completed invoices and calculation worksheets, and sufficient documentation supporting the invoices and calculation worksheets. Recipient shall submit invoices to the Representative for OPD subject to the invoicing schedule included in subsection (h)of this Section. b) OPD will provide an invoice form and calculation worksheets to Recipient. Recipient shall provide sufficient documentation accompanying the invoice and calculation worksheet to prove,to OPD's satisfaction,the costs incurred by Recipient and to allow OPD to determine that the costs were for Authorized Reimbursable Expenses.Sufficient documentation will include a description of the work performed, including case numbers during the invoice time period,and proof that the requested expenses were paid by Recipient. Sufficient documentation demonstrating costs incurred by Recipient may include, but is not limited to, salary pay stubs or invoices for contracted services. OPD reserves the right to amend the invoice form and calculation worksheets at any time. c) Payment will be considered timely if made by OPD within 30 calendar days after receipt of properly completed invoices and calculation worksheets. OPD shall send payment to the 2 5 address designated by Recipient and associated with Recipient's Statewide Vendor Number SWV007122-02. d) OPD may, in its sole discretion,terminate this Agreement or withhold payments claimed by Recipient for services rendered if Recipient fails to satisfactorily comply with any term or condition of this Agreement. e) OPD shall not make any payments in advance or in anticipation of services or supplies to be provided under this Agreement. f) Recipient shall report whether it will be unable to spend any allocated maximum reimbursement amount during the Agreement Period,or if Recipient anticipates a need to increase the allocated maximum reimbursement amount. Any request to increase the allocated maximum amount will be subject to Section 3(b)of this Exhibit. OPD reserves the right to reallocate funds to other jurisdictions that Recipient reports as unable to be spent. g) Reimbursable expenses must be incurred between August 15, 2023 and June 30,2024. Recipient shall bear the cost of and ensure continued Consultation and Representation for all individuals who are being represented by Recipient's attorneys on Qualifying Cases when the agreement period ends. h) OPD's fiscal year runs from July 1 to June 30 of each year, and OPD is unable to pay expenses from a previous fiscal year with the following fiscal year's budget.Accordingly, Recipient must submit invoices for costs incurred between August 15, 2023 and June 30, 2024, by August 1, 2024. 5. 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. 6. DISALLOWED COSTS Recipient is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its contractors or subcontractors. 7. AUTHORIZED REIMBURSABLE EXPENSES a. Recipient is authorized to seek reimbursement for the following costs,subject to the provisions in Sections 2 and 4 of this Exhibit: 1. Compensation for attorney Representation on Qualifying Cases; 2. Compensation for attorney Consultation on Qualifying Cases; 3. Support staff time devoted to assisting and supporting attorney Representation and Consultation on Qualifying Cases; 4. Investigation costs associated with Qualifying Cases; 5. Expert services where the scope of the expert's expertise is related to a Qualifying Charge. 6. Compensation for attorney Representation on an appeal undertaken according to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RAU)where the RAU appeal contains an issue for review arising from a Qualifying Charge. 8. OVERSIGHT 3 6 a) Over the duration of the agreement term,OPD may conduct site visits for purposes of ensur- ing the use of funds for their specified purposes.At OPD's request, Recipient will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys,judicial officers, and city or county representatives. 9. DEFINITIONS a, "Alternatives to Prosecution" means an opportunity to depart from the traditional criminal case process of charge to plea or trial. Examples include, but are not limited to,stipulated continuances,deferrals,Specialty or Therapeutic courts, Pre-file Diversion programs,or Pre- trial Diversion programs. b. "Consultation" means consultation for a Client prior to assignment of counsel at first appearance or arraignment. Consultation also means advising a Client on Pre-File or Pre-Trial Diversion options. Consultation also means advising a Client during the pendency of pre-trial Diversion. c. "Client" means an indigent individual facing a pending charge or charged with a Qualifying Charge in a court of limited jurisdiction. d. "Pre-File Diversion" means an opportunity for a Client to depart from the criminal legal system, initiated by either law enforcement or the prosecutor,that takes place before charges are filed against the Client. Pre-File Diversion may be, but need not be,organized under RCW 69.50.4011(3)(c), 69.50.4013(2)(c), 69.50.4014(2),or 69.41.030(2)(e), e. "Pre-Trial Diversion" means an opportunity for a Client to depart from the criminal legal system after charges are filed against a defendant but before a plea is entered,or before proceeding to trial. Pre-Trial Diversion may be, but need not be,organized under RCW 69.50.4017. f. "Qualifying Charge" means a charge of violating RCW 69.50.4011(1)(b)or(c),69.50.4013, 69.50.4014, 69.41.030(2), (b), or(c); or a charge under a local ordinance involving allegations of possession or public use of a controlled substance,counterfeit substance,or legend drug. g. "Qualifying Case" means a proceeding filed against a Client in a court of limited jurisdiction in which at least one of the charges filed,either originally or as amended, is a Qualifying Charge, even if later dismissed. h. "Representation"means appointment to represent Clients in Qualifying Cases, including but not limited to appearance at arraignment, pre-trial appearances, motions,sentencings, status conferences, review hearings,client conferences, and preparation for trial. Representation also means appointment to represent Clients for Alternatives to Prosecution, including on motions to terminate Clients from Alternatives to Prosecution. i. "Specialty or Therapeutic Court" means a court utilizing a program structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation,or to address substance use disorder or mental health conditions in defendants through continuous and judicially supervised treatment and the appropriate use of services,sanctions,and incentives. 4 7 10. ORDER❑F PRECEDENCE In the event of an inconsistency in this Agreement,the inconsistency will be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations,and court rules b. Exhibit A,Special Terms and Conditions c. Exhibit B,General Terms and Conditions 5 8 EXHIBIT B: GENERAL TERMS AND CONDITIONS 1. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Agreement may be amended by mutual agreement of the parties.Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 101-336,also referred to as the "ADA"29 CFR Part 35. Recipient must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations,state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement,shall be transferred or assigned by Recipient without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. 6. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, Recipient shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, Recipient shall indemnify,defend, and hold harmless the state of Washington,OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. 10. LAWS Recipient shall comply with all applicable laws,ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, Recipient shall comply with all federal,state, and local nondiscrimination laws, regulations and policies. In the event of Recipient's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy,this Agreement may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that Recipient fails to perform this Agreement in accordance with state laws,federal laws, and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE 6 9 Recipient shall maintain all books, records,documents,data and other evidence relating to this Agreement. Recipient shall retain such records for a period of six(6)years following the end of the Agreement period. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to Recipient's performance under this Agreement shall be subject at all reasonable times to inspection, review,and audit by OPD,the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance,compliance, and quality assurance under this Agreement. Recipient shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing. 7 10 City of Yakima SPAR Agreement GRT24075 Final Audit Report 2024-04-18 Created: 2024-04-17 By: Ella Sharrett(ella.sharrett@opd.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAYmEyAPsiSmB0sUEQYiCaOlpUvfzkC3o0 P I "City of Yakima SPAR Agreement GRT24075" History 'n Document created by Ella Sharrett(ella.sharrett@opd.wa.gov) 2024-04-17-8:20:39 PM GMT El+ Document emailed to dave.zabell@yakimawa.gov for signature 2024-04-17-8:21:09 PM GMT Il Email viewed by dave.zabell@yakimawa.gov 2024-04-18-3:11:41 PM GMT de Signer dave.zabell@yakimawa.gov entered name at signing as David Zabell 2024-04-18-3:12:41 PM GMT A, Document e-signed by David Zabell (dave.zabell@yakimawa.gov) Signature Date:2024-04-18-3:12:43 PM GMT-Time Source:server C'y Document emailed to grace.oconnor@opd.wa.gov for signature 2024-04-18-3:12:44 PM GMT n Email viewed by grace.oconnor@opd.wa.gov 2024-04-18-3:25:38 PM GMT de Signer grace.oconnor@opd.wa.gov entered name at signing as Grace O'Connor 2024-04-18-3:25:53 PM GMT de Document e-signed by Grace O'Connor(grace.oconnor@opd.wa.gov) Signature Date:2024-04-18-3:25:55 PM GMT-Time Source:server Agreement completed. 2024-04-18-3:25:55 PM GMT Powered by f)ffice(i.:bl I Adobe Office of Public Defense Acrobat Sign