HomeMy WebLinkAboutR-2010-129 Indigent Defense Grant Agreement with the Washington State Office of Public DefenseRESOLUTION NO R-2010-129
A RESOLUTION authorizing the City Manager to execute 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 for
indigent criminal defendants, and
WHEREAS, the City of Yakima has been awarded a grant in the amount of $150,000 for
2011 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, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager is hereby authorized and directed to execute the attached grant
agreement and to execute other such documents as may be required upon receipt.
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2010
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Micah Cawley, Mayor
ATTEST
Grant Agreement No. GRT11067
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City of Yakima
129 North 2nd Street
Yakima, WA 98901
2. Grantee Representative
David Zabel!
Assistant City Manager
City of Yakima
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
$150,000
6. Grant Period
January 1, 2011 through December 31, 2011
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, 2011 and
end December 31, 2011. 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
Date7/P
FOR OPD
J
e I. Moore, Director
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Date
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 One Hundred Fifty Thousand Dollars ($1.50,000) 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. 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 c ommunications.
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 2011. If Grantee is unable to use the funds in
2011, 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, 2011. The report
shall include, but not necessarily be limited to, the 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:
U 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.
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No% I..
For Meeting Of November 16, 2010
ITEM TITLE. Consideration of Resolution authorizing the City Manager to execute a grant
agreement with the Washington State Office of Public Defense to support
indigent defense expenses
SUBMITTED BY Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE Dave Zabell, 575-6040
SUMMARY EXPLANATION
On July 30, 2010, the City Manager's Office submitted an application to the State of
Washington, Office of Public Defense for a competitive grant for FY 2011
On October 27, 2010, the City was notified that the application was successful and the City is to
be awarded a grant of $150,000 for costs associated with indigent defense
11) The City has received grant funds from the Office of Public Defense since 2006 During that
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 X Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Staff respectfully requests that Council approve the attached
resolution, authorizing the City Manager to execute an agreement to accept the grant funds
BOARDS/COMMISSIONS/COMMITTEES
COUNCIL ACTION
WASHINGTON STATE
Internet Email: opd@opd.wa.gov OFFICE OF PUBLIC DEFENSE
October 27, 2010
Dave Zabell
Assistant City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Re: Chapter 10.101 RCW Application for City Grant Funds
Dear Mr. Zabell:
(360) 586-3164
FAX (360) 586-8165
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 award is in the amount of $150,000.00 for use in 2011.
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 November 19, 2010. A conformed
copy will be mailed to you for your records.
The grant funds will be mailed to you in mid-December. If you want the check mailed to a different person or
office, please let us know. 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 2011 (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 of Yakima'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,
Joanne Moore
Director
Enclosure
c: Presiding Judge Kelley C. Olwell, Yakima Municipal Court
711 Capitol Way South • Suite 106 • P.O. Box 40957 Olympia, Washington 98504-0957