HomeMy WebLinkAboutR-2016-140 Washington State Office of Public Defense Grant for Indigent Criminal Defendant RepresentationRESOLUTION NO. R-2016-140
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 2017 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 $88,500 for
2017 through the Washington State Office of Public Defense; 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 6th day of December, 2016.
ATTEST:
Vwcpt Racy.
Sonya Claar Tee, City Clerk
(ke)res/public defender agrmt
Grant Agreement No. GRT17374
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 1. Moore
Director
Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5 Grant Amount
$88,500
6. Grant Period
January 1, 2017 through December 31, 2017
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, 2017 and
end December 31, 2017. 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
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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 eighty-eight thousand five hundred and 00/100 Dollars ($88,500) to be used
for the purpose(s) described in the USE OF GRANT FUNDS below.
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 purposes:
i. Increase and/or sustain additional attorneys to reduce caseloads
ii Implement and/or sustain grant -funded increases to public defense attorney
compensation
iii. Interpreter services for attorney-client meetings
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 2017. If Grantee is unable to use the funds in
2017, 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 later than July 31, 2017 using the
template found in Exhibit A. The mid -year report must be submitted along with the Grantee City's
public defense attorneys' 2017 certifications of compliance.
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:
o Applicable federal and state of Washington statutes, regulations, and court rules
o Special Terms and Conditions Of the City Grant
o 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 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.
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.
Exhibit A
Washington State Office of PubIic Defense
2017 Mid -Year Grant Report
All cities that receive Chapter 10.I01 RCW public defense improvernentgrantfundingnnustsvbmita
mid -year report to the Washington State Office of Public Defense (OPD) no later than July 31, 2017.
Please complete the following fields, attaching additional pages if necessary. Submit the completed
report with copies of public defense attorneys' 2017 quarterly Certificates of Compliance by postal
mail or email to:
Postal Mail:
OPD Triai Level Program
711 Capitol Way, South, Suite 106
P0Box 4O957
Olympia, WA 98504-0957
Email: qpdgnpd.wallnv
City:
Report Date:
Contact - Name:
Email:
Phone:
Address:
Full Award Amount:
Amount Spent to
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:
Exhibit A
Washington State Office of Public Defense
2017 Mid -Year Grant Report
Plans for Utilizing
Remaining Funds by
End of Calendar Year
(If Applicable)
Description of Impact
State Funds Have Had
on Local Public
Defense Services
Technical Assistance
Requested of OPD (If
Applicable)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.C.
For Meeting of: December 6, 2016
ITEM TITLE: Resolution authorizing 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 2016, the City Manager's Office submitted an application to the State of Washington,
Office of Public Defense for a competitive grant for FY 2017. The City was notified that the
application was successful and the City would receive a grant in the amount of $88,500 for 2017
expenses related to indigent defense.
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:
Description Upload Date Type
0 Resolution to ratify indigent defense agreement 11/17/2016 a:Apr Memo
Di Executed grant agreement 11/17/2016 Coeer Memo