HomeMy WebLinkAboutR-2021-153 Resolution ratifying and approving a grant agreement with the Washington State Office of Public Defense for 2022-2023 to assist with indigent defense expensesRESOLUTION NO. R-2021-153
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 grant for 2022-2023.
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 $172,000 from
the Washington State Office of Public Defense and the City will receive half the funds in
January 2022 and the other half in January 2023; and
WHEREAS, the grant funds, in addition to City funds, are necessary in order to fulfill the
City's public defender obligations; and
WHEREAS, the City contracts with local indigent defense attorneys to represent
indigent defendants before the Yakima Municipal Court; and
WHEREAS, the City Council deems it to be in the best interest of the City to approve the
contact with Washington State Office of Public Defense for the receipt of these grant monies,
and to ratify execution of such agreement by the City Manager; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager's execution of the attached and incorporated grant agreement is
hereby approved.
ADOPTED BY THE CITY COUNCIL this 16th day ofi.. ber, 2021.
ATTEST:
A.1944,,
joccxxx,„,t7
*ft.
SonySonyaCaarTce, City Clerk
P- ricia Byers,,Mayor
Grant Agreement No. GNT22O22
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
l.8rantee
City of Yakima
129North 2ndStreet
Yakima, WA 98901
3. Office ofPublic Defense (OPD)
711Capitol Way South, Suite 106
POBox 4O957
Olympia, WA 98504'0957
I Grantee Representative
Bob Harrison
City Manager
1Z9North 2ndStreet
Yakima, VVA989Ol
Kathn]ohnson
Managing Attorney
Office ofPublic Defense
711Capitol Way South, Suite lO6
POBox 40957
Olympia, WA 98SO4'0957
5����n�unt �6.G��Pe��
� [
`]anua$�l,IO3Ztecember31'2UZ3
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 Off ice 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, 2022 and end December 31, 2023. 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'C,and D.
TEE I FOR OPD
—
'Sz)n
Name, Title
Grant Agreement GRT22022
Page I of 16
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 and seventy-two thousand dollars and 00/100 Dollars
($172,000.00) 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 2022 for use during calendar year 2022.
The remaining one-half shall be disbursed to Grantee in January 2023 for use during calendar year
2023. The disbursement of any grant funds is subject to the availability of funding appropriated to
OPD by the Washington State Legislature.
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 city or court 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. Increased compensation for public defense service providers
ii. Investigator and/or expert services
iii. Interpreter services for attorney -client interviews and communications.
b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose
other than those listed in Section 4a above. Permission issued by electronic mail shall be
sufficient for purposes of identifying other uses of grant funds not listed in section a.
c. Grantee agrees to use the first disbursement of funds in calendar year 2022, and the second
disbursement of funds in calendar year 2023. 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.
5. OVERSIGHT
Grant Agreement GRT22022
Special Terms and Conditions Page 2 of 16
a. Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD
no later than June 1, 2022 using the template found in Exhibit A. The second report shall be
submitted to OPD no later than December 1, 2022 using the template found in Exhibit B. The
third report shall be submitted to OPD no later than June 1, 2023 using the template found in
Exhibit C. The final report shall be submitted to OPD no later than December 1, 2023 using the
template found in Exhibit D. 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 GRT22022
Special Terms and Conditions Page 3 of 16
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 attorney's 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 GRT22022
General Terms and Conditions Page 4 of 16
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. SUBJECT TO THE AVAILABILITY OF FUNDS
Any full or partial allocation of funds under this Grant is subject to the appropriation of funds by the
Washington Legislature to OPD.
17. 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 GRT22022
General Terms and Conditions Page 5 of 16
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, 2022.
City:
Date Completed:
Contact Name:
Title:
Mailing Address:
Phone:
Email Address:
Section I: Public Defense Expenditures/Budget
1.1 In 2021, the city paid indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
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
$
Grant Agreement GRT22022
Exhibit A — Grant Report #1 — Due June 1, 2022
Page 6 of 16
1.2 For 2022, the city has budgeted indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
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 2022 state grant funds has been spent to date?
Section II: Case Assignments
2.1 Provide the following data for the total number of public defense cases assignments in 2021:
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 GRT22022
Exhibit A — Grant Report #1 — Due June 1, 2022 Page 7 of 16
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 1), and attach a
copy of each current contract in alphabetical order by attorney name. 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 11).
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' 2022 second quarter Certificates of Compliance.
Grant Agreement GRT22022
Exhibit A — Grant Report #1 — Due June 1, 2022 Page 8 of 16
Table 1: Public Defense Contracts and Subcontracts Currently in Effect (2022)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Number of misdemeanor/
gross misdemeanor cases
anticipated for the
attorney/firm in 2022
Method and rate of
payment (per
case/per hour, etc.)
Conflict cases
only?
Yes/No
Grant Agreement GRT22022
Exhibit A — Grant Report #1 — Due June 1, 2022
Page 9 of 16
Table II list -Appointed Public Defense Attorneys (2022)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Method and rate of payment (per
case/per hour, etc.)
Number of cases assigned
Grant Agreement GRT22022
Exhibit A — Grant Report #1 — Due June 1, 2022
Page 10 of 16
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, 2022.
Failure to timely submit this report could delay disbursement of 2023 grant funds.
City:
Report Date:
Contact —
Name/Title:
Email:
Phone:
Address:
As of the date of this report, the city has paid indigent defense expenses as follows in 2022:
City Funds
Chapter 10.101 RCW
State 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
$
Will all 2022 grant funds be expended by
the end of the calendar year?
Grant Agreement GRT22022
Exhibit B — Grant Report #2 — Due Dec. 1, 2022
Yes
No
Unsure
Page 11 of 16
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 2022:
4.
Plans for 2023
Grant Funds:
5.
Description of
Impact State
Funds Have Had
on Local Public
Defense Services
Grant Agreement GRT22022
Exhibit 13 — Grant Report #2 — Due Dec. 1, 2022
Page 12 of 16
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' 2023 quarterly Certificates of Compliance to the Washington
State Office of Public Defense by June 1, 2023.
City:
Report Date:
Contact — Name/Title:
Email:
Phone:
Address:
1. For 2023, the city has budgeted indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
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 the 2023 state grant funds has been spent to date?
Grant Agreement GRT22022
Exhibit C — Grant Report #3 — Due June 1, 2023
Page 13 of 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 GRT22022
Exhibit C — Grant Report #3 — Due June 1, 2023
Page 14 of 16
Exhibit D
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #4
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, 2023.
City:
Report Date:
Contact —
Name/Title:
Email:
Phone:
Address:
As of the date of this report, the city has paid indigent defense expenses as follows in 2023:
City Funds
Chapter 10.101 RCW
State 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
Will all 2023 grant funds be expended by
the end of the calendar year?
Yes
No
Unsure
Grant Agreement GRT22022
Exhibit D — Grant Report #4 — Due December 1, 2023
Page 15 of 16
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 2023:
4.
Description of
Impact State
Funds Have Had
on Local Public
Defense Services
Grant Agreement GRT22022
Exhibit D — Grant Report #4 — Due December 1, 2023 Page 16 of 16
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.M.
For Meeting of: November 16, 2021
ITEM TITLE: Resolution ratifying and approving a grant agreement with the
Washington State Office of Public Defense for 2022-2023 to
assist with indigent defense expenses
SUBMITTED BY: Robert Harrison, City Manager
SUMMARY EXPLANATION:
The City of Yakima applied for a Washington State Office of Public Defense grant for the years
2022 and 2023 to assist with indigent defense expenses. In November, the City was notified it
was successful in it's grant application and would be receiving $172,000. Half of the funds will be
distributed in January 2022 and the balance will be received in January 2023. Due to the timing of
the grant notification and the fact that the City has to sign first, the city manager already signed the
grant award. Council needs to ratify his signature accepting the grant.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDATION:
Adopt resolution
ATTACHMENTS:
Description
0 resolution
❑ 2022-2023 grant agreement
Upload Date
11/8/2021
11/8/2021
Type
Corer Memo
Corer Memo