HomeMy WebLinkAboutReg 2017-11-20 Item 4D - Grant Agreement - Investigator, Interpreter and Social Work Services with WA State Office of Public Defense for $74,000COUNCIL AGENDA SYNOPSIS
Initials
Meetinh Date
Prepared by
Mayor's review
Council review
11/20/17
CT
❑ Resolution
Mtg Date
D LR
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
[_f Other
A4tg Date
SPONSOR ❑Council 1Mayor HR ❑DCD ❑Finance ❑Fire ❑TS P&R ❑Police UPW H Court
SPONSOR'S The Council is being asked to authorize execution of the 2018-2019 Grant Agreement with
SUMMARY the Washington State Office of Public Defense
RIxif:wI:D BY [- C.O.W. Mtg. E CDN Comm
— Trans &Infrastructure ❑ Arts Comm.
DATE: 11/07/17
11 Finance
Comm.
Comm.
CHAIR: SEAL
E Public Safety Comm.
E Parks
COMMITTEE
M Planning Comm.
ITEM INFORMATION
ITEM No.
4.D.
49
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 11/20/17
AGENDA ITEM Tr17.I? Washington State Office of Public Defense 2018-2019 Grant Agreement
CAT 'coRy ® Discussion
Altg Date 11/20/17
E Motion
AugtDate
❑ Resolution
Mtg Date
® Ordinance
Ally Date 11/20/17
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
[_f Other
A4tg Date
SPONSOR ❑Council 1Mayor HR ❑DCD ❑Finance ❑Fire ❑TS P&R ❑Police UPW H Court
SPONSOR'S The Council is being asked to authorize execution of the 2018-2019 Grant Agreement with
SUMMARY the Washington State Office of Public Defense
RIxif:wI:D BY [- C.O.W. Mtg. E CDN Comm
— Trans &Infrastructure ❑ Arts Comm.
DATE: 11/07/17
11 Finance
Comm.
Comm.
CHAIR: SEAL
E Public Safety Comm.
E Parks
COMMITTEE
M Planning Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
CoMMrrrNR
Mayor's Office
Unanimous Approval; Forward to Consent Agenda on 11/20/17
COST IMPACT / FUND SOURCE
ExPI NDITURI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/20/17
MTG. DATE
ATTACHMENTS
11/20/17
Informational Memorandum from Cheryl Thompson dated 11/31/17
WSOPD 2018-2019 Grant Agreement
Minutes from the Finance Committee Meeting of 11/07/17
49
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: FINANCE COMMITTEE
CC: Mayor Ekberg
David Cline, City Administrator
FROM: Cheryl Thompson, Executive Assistant
DATE: October 31, 2017
SUBJECT: Office of Public Defense 2018-2019 Grant Agreement
ISSUE
The Washington State Office of Public Defense has awarded the City of Tukwila a $74,000
grant for the Public Defense Program: $37,000 for 2018 and $37,000 for 2019. Council needs to
approve execution of the grant agreement since the award exceeds the $40,000 threshold.
BACKGROUND
The City of Tukwila has applied for and received grant awards from the Washington State Office
of Public Defense (WSOPD) since 2013. In prior years the grant awards have been for one year
and have ranged from $22,000 - $25,600. Effective 2018 WSOPD has transitioned to a two-year
grant application and award process.
DISCUSSION
On October 6, 2017 the City received notification that WSOPD has awarded the City $74,000 in
grant funds for 2018-2019: $37,000 for each year. WSOPD has stipulated that the grant funds
be used for to provide investigator services, interpreter services and social work assistance to
the Public Defense Program. The attached Grant Agreement must be signed and returned to
WSOPD by December 15, 2017 to accept the award and receive the funds. The City agrees to
utilize the grant funds as stipulated by WSOPD and to submit three written reports to WSOPD
as outlined in the agreement.
Past grant awards from WSOPD have allowed the City to translate our public defense forms into
six different languages: Spanish, Somali, Russian, Vietnamese, Hindi and Khmer; to provide
interpreter resources to public defense attorneys for attorney-client appointments; to contract
with a private investigator for public defense cases; to contract with a social services case
manager to assist public defense clients in obtaining social service; and to purchase portable
work stations to provide confidential meeting space for public defense attorneys to talk with their
clients during court sessions. These grant funds will allow the City to continue providing these
services in 2018-2019.
RECOMMENDATION
The Council is being asked to send this item to the consent agenda at the November 20, 2017
Regular meeting.
ATTACHMENTS
2018-2019 Grant Agreement
51
52
Grant Agreement No. GRT18511
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188-8548
2. Grantee Representative
Cheryl Thompson
Executive Assistant
6200 Southcenter Blvd
Tukwila, WA 98188
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
$74,000
6. Grant Period
January 1, 2018 through December 31, 2019
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 Agreement and attachments and have executed this Grant Agreement on the date below to
start January 1, 2018 and end December 31, 2019. 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
Name, Title
Joanne I. Moore, Director
Date
Date
Grant Agreement GRT18511
Face Sheet
Page 1 of 15
53
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 seventy-four thousand and 00/100 Dollars ($74,000) 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, 2018 for use during calendar year 2018. The remaining one-half shall
be disbursed to Grantee in January, 2019 for use during calendar year 2019.
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. Adding investigator services
ii. Providing interpreter services for attorney-client communications
iii. Social work services to assist public defense attorneys
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 2018, and the second
disbursement of funds in calendar year 2019. 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
a. Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD
no later than June 30, 2018 using the template found in Exhibit A. The second report shall be
submitted to OPD no later than December 15, 2018 using the template found in Exhibit B. The
Grant Agreement GRT18511
Special Terms and Conditions Page 2 of 15
54
third report shall be submitted to OPD no later than June 30, 2019 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 will 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 GRT18511
Special Terms and Conditions Page 3 of 15
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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 GRT18511
General Terms and Conditions Page 4 of 15
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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 GRT18511
General Terms and Conditions Page 5 of 15
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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 30, 2018.
City:
Date Completed:
Contact Name:
Title:
Mailing Address:
City:
Phone:
Email Address:
Zip Code:
Section I: Public Defense Expenditures/Budget
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1.1 In 2017, the city paid indigent defense expenses as follows:
a. Amount spent on attorney salaries and benefits, and contract attorney
amounts including conflict attorneys: $
b. Amount spent on investigators, experts, and other indigent defense
costs:
Does the above amount include state grant funds?
1.2 For 2018, the city budgeted indigent defense expenses as follows:
a. Amount budgeted for attorney salaries and benefits, and contract
attorney amounts including conflict attorneys:
b. Amount budgeted for investigators, experts, and other indigent defense
costs:
Does the above amount include state grant funds?
Grant Agreement GRT18511
Exhibit A — Grant Report #1 — Due June 30, 2018 Page 6 of 15
Section H: Case Assignments
2.1 In 2017, 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:
Number of cases assigned to conflict counsel:
b. Cities using list appointments or contracts with private attorneys.
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:
Average per -attorney caseload, if available:
Section III: Grant Funds
3.1
Grant Amount Awarded
2018.
3.2
Amount of Annual Grant
Funding Spent to Date:
3.3
Permissible Uses) of Grant
Funds (See Section 4 of Grant
Agreement Special Terms and
Conditions):
Grant Agreement GRT18511
Exhibit A — Grant Report #1 — Due June 30, 2018
Page 7 of 15
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3.4
Description of How Grant
Funds Have Been Used to
Date:
3.5
Plans for Utilizing Remaining
Funds by End of Calendar
Year (If Applicable):
3.6
Description of Impact State
Funds Have Had on Local
Public Defense Services:
3.7
Is there any particular
technical assistance that
OPD can provide your city?
Grant Agreement GRT18S11
Exhibit A — Grant Report #1 — Due June 30, 2018
60
Page 8 of 15
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' 2018 quarterly Certificates of Compliance.
Grant Agreement GRT18511
Exhibit A — Grant Report #1 — Due June 30, 2018 Page 9 of 15
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Table I: Public Defense Contracts and Subcontracts Currently in Effect (2018)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorneyFTEs handlingpublic 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 2018
Method and rate of
payment (per
case/per hour, etc.)
Conflict cases
only?
Yes/No
Grant Agreement GRT18511
Exhibit A— Grant Report #1 — Due June 30, 2018
62
Page 10 of 15
Table II: List -Appointed Public Defense Attorneys (2018)
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 GRT18511
Exhibit A — Grant Report #1 — Due June 30, 2018
Page 11 of 15
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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 31, 2018.
Failure to timely submit this report could delay disbursement of 2019 grant funds.
City:
Report Date:
Contact - Name:
Email:
Phone:
Address:
2018 Award Amount:
Amount Spent to
Date:
Permissible Use(s) of
Grant Funds (See
Section 4 of Grant
Agreement Special
Terms and Conditions)
Description of How
Grant Funds Have
Been Used in 2018:
Grant Agreement GRT18511
Exhibit B — Grant Report #2 — Due Dec. 31, 2018
64
Page 12 of 15
Plans for Utilizing 2019
Grant Funds:
Description of Impact
State Funds Have Had
on Local Public
Defense Services
Is there any particular
technical assistance
that OPD can provide
your city?
Grant Agreement GRT18511
Exhibit B — Grant Report #2 — Due Dec. 31, 2018 Page 13 of 15
65
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' 2019 quarterly Certificates of Compliance to the Washington
State Office of Public Defense by June 30, 2019.
City:
Report Date:
Contact - Name:
Email:
Phone:
Address:
2019 Award Amount:
Amount Spent to
Date:
Permissible Use(s) of
Grant Funds (See
Section 4 of Grant
Agreement Special
Terms and Conditions)
Description of How
Grant Funds Have
Been Used to Date:
Grant Agreement GRT18511
Exhibit C — Grant Report #3 — Due June 30, 2019
66
Page 14 of 15
Plans for Utilizing
Remaining Funds by
End of Calendar Year
(If Applicable)
Description of Impact
State Funds Have Had
on Local Public
Defense Services
Is there any particular
technical assistance
that OPD can provide
your city?
Grant Agreement GRT18511
Exhibit C — Grant Report #3 — Due June 30, 2019 Page 15 of 15
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City of Tukwila
City CounciE Finance Committee
FINANCE COMMITTEE
Meeting Minutes
November 7, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Acting Chair; Dennis Robertson, Kathy Hougardy
Staff: David Cline, Jay Wittwer, Peggy McCarthy, Vicky Carlsen, Gail Labanara, Sherry
Wright, Laurel Humphrey
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Agreement: State of Washington Office of Public Defense
Staff is seeking Council approval of a grant acceptance agreement with the Washington State
*Office of Public Defense (WSOPD) for $37,000 each for 2018 and 2019. The City of Tukwila has
received this grant in the past and in 2018 WSOPD transitioned to a two-year funding cycle.
Funds will be used to provide investigator services, interpreter services, and social work
assistance to the City's Public Defense Program. There is no match, but the City is required to
submit three written reports as outlined in the agreement. UNANIMOUS APPROVAL. FORWARD
TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA.
B. Reappointment of Municipal Court Judge
Staff is seeking Council approval to confirm the reappointment of Judge Kimberly Walden to the
office of Municipal Court Judge for a term of January 1, 2018 - December 31, 2021. The Council is
also being asked to approve an ordinance fixing the Judge's salary pursuant to city and state law.
The proposed ordinance maintains the judges position at .90 FTE with the salary set at .90 of the
District Court Judge salary in the schedule adopted by the Washington Citizen's Commission on
Salaries for Elected Officials. The Committee agreed that Judge Walden has been serving the City
well in her position which she has held since 2003. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 20, 2017 REGULAR MEETING.
C. Tax Levy Ordinances
Staff is seeking Council approval of two ordinances relating to property tax: one that would
increase the City's Regular Property Tax Levy from 2017, and one that would levy general and
excess property taxes. These ordinances are presented to the Council on an annual basis.
According to the King County Assessor, the projected assessed value for Tukwila is
$6,044,327,455. The maximum allowable levy is estimated to be $3.45711. The preliminary levy
rate is estimated to be $2.49969 for 2018. A levy amount of $15,300,000 is proposed in the draft
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