HomeMy WebLinkAboutR-2015-131 2016 Grant Agreement with the Washington State Office of Public DefenseRESOLUTION NO. R-2015-131
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 2016 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 $90,000 for
2016 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 3rd day of November, 2015.
ATTEST:
/7 Acting Oily Clerk
Grant Agreement No. GRT16242
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
2. Grantee Representative
Tony O'Rourke
City Manager
129 N. 2"d St.
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
$90,000
6. Grant Period
January 1, 2016 through December 31, 2016
7. Grant Purpose
The Chapter 10.101 RCW city grants are competitive
public defense services in Washington municipalities.
grants for the purpose of improving the quality of
(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, 2016 and
end December 31, 2016. The rights and obligations of both parties to this Grant are governed by this
Grant and the following • - documents incorporated by reference: Special Terms and Conditions of
the City Grant and • neral erms and Conditions of City Grant.
FOHE GRAN IEE
FOR OPD
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Jo. n e I. Moore, Director
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Date
Date
CITY CONTRACT NO: aO 13
RESOLUTION NO
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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 Ninety Thousand and 00/100 Dollars ($90,000) 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. 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:
1. Adding attorneys to reduce public defense caseloads.
ii. Increasing public defense attorney compensation.
iii. Providing public defense services at preliminary appearance calendars.
iv. Adding investigator and expert services.
v. Providing 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.
c. Grantee agrees to use the funds in calendar year 2016. If Grantee is unable to use the funds in
2016, 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.
S. REPORT
Grantee agrees to submit a written mid -year report to OPD no later than July 31, 2016. The report
shall include, but not necessarily be limited to, the following information: to date overview, how grant
funds have been used, and a copy of each public defense attorney's quarterly Certificate of
Compliance submitted during 2016.
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
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, shallbe 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.
'1111111 1,
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.D.
For Meeting of: November 3, 2015
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
SUMMARY EXPLANATION:
In July 2015, the City Manager's Office submitted an application to the State of Washington, Office of Public
Defense for a competitive grant for FY 2016. The City was notified that the application was successful and
the City would receive a grant in the amount of $90,000 for 2016 expenses related to indigent defense.
The City has received grant funds from the Office of Public Defense since 2006 ranging in amounts from
$90,000 to $150,000. Since 2006, costs associated with indigent defense have continually increased and will
continue to increase in the future with the new mandates imposed on cities. The cost of providing indigent
defense services in 2015 is budgeted for $1 million in 2016.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted: Yes
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Ordinance:
Contract Term:
End Date:
Amount: 90,000
Grant funds
Public Safety
City Manager
Staff respectfully requests that Council approve and ratify the attached agreement (GRT16242).
ATTACHMENTS:
Description Upload Date Type
DI If .osollikorl accorAmg ("aril word 10/20/2015 1C;o\er Memo
Ei Grarl award 10/20/2015 Cor Memo
WASHINGTON STATE
Internet Email: opd@opd wa.gov OFFICE OF PUBLIC DEFENSE
October 7, 2015
Tony O'Rourke
City Manager
129 N. 2nd St.
Yakima, WA 98901
RECEIVED
CITY OF YAKIMA
OCT 0 9 2015
OFFICE OF CI MANAGER
4
FAX (360) 586-8165
Re: Chapter 10.101 RCW Application for Public Defense Grant Funds
Dear Tony O'Rourke:
The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.101.080 Public
Defense Grant funds to the City of Yakima. The award is $90,000 for use in calendar year 2016.
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 December 1, 2015. A conformed copy will be
sent to you for your records. A copy of OPD's policy on authorized uses is enclosed.
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. In addition, the Washington Supreme Court has
adopted statewide Standards for Indigent Defense and Attorney Certification of Compliance. OPD's Public Defense
Services Managers are available to assist the city and its public defense attorneys in implementing the Supreme Court
requirements, including the misdemeanor caseload limits that became effective in January 2015. Please feel free to
contact Katrin Johnson or Kathy Kuriyama at (360) 586-3164 ext 108 and 114 respectively.
We look forward to receiving the city's mid -year report in July 2016 (as required in the Grant Agreement), as well as
visiting your program at least one time during the year.
Sincerely,
Sophia Byrd McSherry
Deputy Director
Enclosures
cc: Judge Susan J. Woodard
711 Capitol Way South • Suite 106 • P 0 Box 40957 • Olympia, Washington 98504-0957