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11/06/2012 04E Washington State Office of Public Defense 2013 Grant Agreement • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. . For Meeting of: November 6, 2012 ITEM TITLE: Resolution authorizing a grant agreement with the Washington State Office of Public Defense to support indigent defense expenses. SUBMITTED BY: Tony O'Rourke, City Manager CONTACT Tony O'Rourke, City Manager PERSON /TELEPHONE: SUMMARY EXPLANATION: On July 31, 2012, the City Manager's Office submitted an application to the State of • Washington, Office of Public Defense for a competitive grant for FY 2013. On October 9, 2012, the City was notified that the application was successful and the City is to be awarded a grant of $145,250 for costs associated with indigent defense. 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: Mail to: Contract Term: Amount: $145,250 Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: C.V. 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. BOARD /COMMISSION RECOMMENDATION: 0 ATTACHMENTS: Click to download ❑ 2013 Indigent Defense Grant Fund Resolution ❑ 2013 OPD Award Agreement ID • RESOLUTION NO. R -2013- 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 2013 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 $145,250 for 2013 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 6 day of November , 2012. ATTEST: Mayor City Clerk • (ke)res /public defender agrmt Grant Agreement No. GRT13201 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Yakima Tony O'Rourke 129 North 2nd Street 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 $145,250 January 1, 2013 through December 31, 2013 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, 2013 and end December 31, 2013. 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 • ANTEE op FOR OPD NaW tle Joa % e I. Meer :`, s irectorl / o(/ dpi ' V' %0 ` I Zo 12_.__ /0 /g l ZZ Date Date r 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 Forty -Five Thousand Two Hundred Fifty and 00/100 Dollars ($145,250) 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. Adding investigative services and expert services, 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 2013. If Grantee is unable to use the funds in 2013, 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, 2013. The report shall include, but not necessarily be limited to, the following information: to date overview, how grant funds have been used, a copy of each public defense attorney's quarterly Certificate of Compliance submitted during 2013, and a description of efforts to implement the Supreme Court Standards for Indigent Defense. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the followingorder: • 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 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.