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12/03/2019 06G Indigent Defense Services; Agreement with Washington State Office of Public Defense a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: December 3, 2019 ITEM TITLE: Resolution authorizing a grant agreement with the Washington State Office of Public Defense to support indigent defense services SUBMITTED BY: Alex Meyerhoff, Interim City Manager SUMMARY EXPLANATION: In August 2019, the City Manager's Office submitted an application to the State of Washington, Office of Public Defense, for a two-year competitive grant for 2020 and 2021 . The City was notified in November 2019 that the application was successful and the City would receive a grant in the amount of $187,000 for expenses related to indigent defense. Half the funds will be disbursed to the City in January 2020 and the other half in January 2021. The City has been receiving grant funds from the Office of Public Defense for several years and appreciates the support OP D's staff provides. ITEM BUDGETED: Yes STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type resolution 11/25/ 01 r Me o D 0 0-20 1 great a rd 11125/2 19 r Me o 2 RESOLUTION NO. R-2019- A RESOLUTION authorizing a grant agreement with the Washington State Office of Public Defense accepting the terms and conditions for the receipt of a $187,000 Grant for 2020-2021. 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 $187,000 from the Washington State Office of Public Defense and the City will receive half the funds in January 2020 and the other half in January 2021; 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 approved. ADOPTED BY THE CITY COUNCIL this 3rd day of December, 2019. ATTEST: Mayor City Clerk 3 Grant Agreement No. GRT20032 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Yakima Cally Price 129 N 2nd St Assistant to the City Manager Yakima, WA 98901 129 N 2nd St Yakima, WA 98901 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South,Suite 106 Katrin Johnson PO Box 40957 Managing Attorney 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 $187,000.00 January 1, 2020 through December 31, 2021 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 Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2020 and end December 31, 2021.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. FOR THE GRANTEE FOR OPD Joanne I. Moore, Director Name,Title Date Date Grant Agreement GRT20032 Face Sheet Page 1 of 14 4 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 eighty-seven thousand and 00/100 Dollars ($187,000.00) 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, 2020 for use during calendar year 2020.The remaining one- half shall be disbursed to Grantee in January, 2021 for use during calendar year 2021. 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. Representation at first appearance calendars, ii. Interpreter services for attorney-client communications, iii. Increased public defense attorney compensation, iv. Public defense training, v. Investigation services,and vi. Expert witnesses. 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 2020,and the second disbursement of funds in calendar year 2021. 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. Grant Agreement GRT20032 Special Terms and Conditions Page 2 of 14 5 5. OVERSIGHT a. Grantee agrees to submit written reports to OPD.The first report shall be submitted to OPD no later than June 1, 2020 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 1, 2020 using the template found in Exhibit B.The third report shall be submitted to OPD no later than June 1, 2021 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 may 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 GRT20032 Special Terms and Conditions Page 3 of 14 6 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 GRT20032 General Terms and Conditions Page 4 of 14 7 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 GRT20032 General Terms and Conditions Page 5 of 14 8 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 1, 2020. City: Date Completed: Contact Name: Title: Mailing Address: Phone: Email Address: Section I: Public Defense Expenditures/Budget 1.1 In 2019,the city paid indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Other Funds Grant Funds Attorney salaries and benefits,contract and conflict attorney compensation $ $ $ Investigators,experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Grant Agreement GRT20032 Exhibit A—Grant Report#1— Due June 1, 2020 Page 6 of 14 9 1.2 For 2020,the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds Grant Funds Other Funds Attorney salaries and benefits,contract and conflict attorney compensation $ $ $ Investigators,experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 1.3 What amount of the 2020 state grant funds has been spent so far? $ Section II: Case Assignments 2.1 In 2019, 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: b. Cities using list appointments or contracts with private firms. 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: Grant Agreement GRT20032 Exhibit A—Grant Report#1— Due June 1, 2020 Page 7 of 14 10 Section III: Grant Funds 3.1 Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3.2 Description of How Grant Funds Have Been Used to Date: 3.3 Plans for Utilizing Remaining Funds by End of Calendar Year(If Applicable): 3.4 Description of Impact State Funds Have Had on Local Public Defense Services: Section IV: Attachments and Tables 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 II). 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' 2020 second quarter Certificates of Compliance. Grant Agreement GRT20032 Exhibit A—Grant Report#1— Due June 1, 2020 Page 8 of 14 11 Table I:Public Defense Contracts and Subcontracts Currently in Effect(2020) Name of attorney/firm (If firm, please identify(1)the total number Number of misdemeanor/ Method and rate of Conflict cases of attorney FTEs handling public defense gross misdemeanor cases payment(per only? anticipated for the cases,and (2)the name of each attorney case/per hour,etc.) Yes/No handling public defense cases) attorney/firm in 2020 Grant Agreement GRT20032 Exhibit A—Grant Report#1— Due June 1, 2020 Page 9 of 14 12 Table II: List-Appointed Public Defense Attorneys(2020) Name of attorney/firm (If firm, please identify(1)the total number Method and rate of payment(per of attorney FTEs handling public defense Number of cases assigned cases, and (2)the name of each attorney case/per hour, etc.) handling public defense cases) Grant Agreement GRT20032 Exhibit A—Grant Report#1— Due June 1, 2020 Page 10 of 14 13 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 1, 2020. Failure to timely submit this report could delay disbursement of 2021 grant funds. City: Report Date: Contact— Name/Title: Email: Phone: Address: 1. As of the date of this report,the city has paid indigent defense expenses as follows in 2020: City Funds Chapter 10.101 RCW Other Funds State Grant Funds Attorney salaries and benefits,contract and conflict attorney compensation $ $ $ Investigators,experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Will all 2020 grant funds be expended by the end of the calendar year? Yes No Unsure Grant Agreement GRT20032 Exhibit B—Grant Report#2— Due Dec. 1, 2020 Page 11 of 14 14 2. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3. Description of How Grant Funds Have Been Used in 2020: 4. Plans for 2021 Grant Funds: 5. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT20032 Exhibit B—Grant Report#2— Due Dec. 1, 2020 Page 12 of 14 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'2021 quarterly Certificates of Compliance to the Washington State Office of Public Defense by June 1, 2021. City: Report Date: Contact— Name/Title: Email: Phone: Address: 1. For 2021,the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds Grant Funds Other Funds Attorney salaries and benefits,contract and conflict attorney compensation $ $ $ Investigators,experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 2. What amount of the2021 state grant funds has been spent so far? $ Grant Agreement GRT20032 Exhibit C—Grant Report#3—Due June 1, 2021 Page 13 of 14 16 3. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions) 4. Description of How Grant Funds Have Been Used to Date: 5. Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable) 6. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT20032 Exhibit C—Grant Report#3—Due June 1, 2021 Page 14 of 14