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HomeMy WebLinkAboutSpecial 2019-12-09 Item 2D - Grant Agreement - 2020-2021 WA State Office of Public Defense Grant for $80,000COUNCIL AGENDA SYNOPSIS Meeting Dale Prepared b , 2v Mayqr s revie Council review 12/09/19 CT — ITEM INFORMATION Spec 2. D. ---FF1\FFSP()NS0R: DAVID CLINE 12/09/19 A(;i NDA 1'nm Trri,iWashington State Office of Public Defense 2020-2021 Grant Agreement CATF1('.0RY r-j Discussion Afig Date F-1 Motion Mt ,g Dale E] Resolution AI(g Dale E] Ordinance Mtg Date R Bidlfivard Aftg Date F] Public.Hearinp Mgt Date F] Other Mtg Date SPONSOR EjCouneil ®Mayor 014R E:]DCD E]1--^inance E]Uire EITS EIP&K E]Jlofice EIPW7 DCoutt SP()NSoR'S The Council is being asked to authorize execution of the 2020-2021 Grant Agreement with Summ,\RY the Washington State Office of Public Defense Rj,,vU:WE'I) BY n C.O.W. mtg. E] CDN Comm Z Finance Comm. F-1 Public Safety Comm. E] Trans &1tifitastructure n Arts Comm. Ej Parks Comm. E] Planning Comm. DATE: 12/09/19 COMMIl-fEE CUAIR: SEAL RECOMMENDATIONS: SPONSOR/ADIN41N. Mayor's Office Comm"' "T"I Unanimous Approval; Forward to Consent Agenda on 12/09/19 COST IMPACT/ FUND SOURCE Exi,jNIATURF, Ri�1,(2uUu,,1i) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/19 MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum from Cheryl Thompson dated 11/26/2019 WSOPD 2020-2021 Grant Agreement A M. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: FINANCE COMMITTEE CC: Mayor Ekberg David Cline, City Administrator FROM: Cheryl Thompson, Executive Assistant DATE: November 25, 2019 SUBJECT: Office of Public Defense 2020-2021 Grant Agreement ISSUE The Washington State Office of Public Defense (WSOPD) has awarded the City of Tukwila grant funds in the amount of $80,000 for the Public Defense Program: $40,000 for 2020 and $40,000 for 2021. 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 since 2013. The grant awards for 2013 — 2017 were for one year and ranged from $22,000 - $25,600. Effective 2018 WSOPD transitioned to a two-year grant application and award process and the City received an award for $74,000: $37,000 each year for 2018 and 2019. Additionally, in early 2019 the Office of Public Defense issued an amended agreement awarding the City of Tukwila an additional $11,000 for 2019. DISCUSSION On November 22, 2019 the City received notification that WSOPD has awarded the City $80,000 in grant funds for 2020-2021: $40,000 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 30, 2019 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; to purchase portable work stations to provide confidential meeting space for public defense attorneys to talk with their clients during court sessions and to reimburse public defense attorneys for training costs for participating in trainings approved by WSOPD. These grant funds will allow the City to continue providing these services in 2020-2021. RECOMMENDATION The Council is being asked to send this item to the consent agenda at the December 9, Special Meeting. ATTACHMENTS 2020-2021 Grant Agreement 63 Grant Agreement No. GRT20029 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Tukwila Cheryl Thompson 6200 Southcenter Blvd Executive Assistant 6200 Southcenter Blvd Tukwila, WA 98188 Tukwila, WA 98188 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Katrin Johnson PO Box 40957 Managing Attorney 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 $80,000.00 January 1, 2020 through December 31, 2021 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 Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2020 and end December 31, 2021. 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 Joanne I. Moore, Director Name, Title Date Date Grant Agreement GRT20029 Face Sheet Page 1 of 14 65 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 eighty thousand and 00/100 Dollars ($80,000.00) 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, 2020 for use during calendar year 2020. The remaining one-half shall be disbursed to Grantee in January, 2021 for use during calendar year 2021. 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. Social work services for the public defense team, ii. Interpreter services for attorney -client communications, iii. Increased public defense attorney compensation, iv. Public defense training, v. Investigation services, and vi. Expert witnesses. 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 2020, and the second disbursement of funds in calendar year 2021. 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. Grant Agreement GRT20029 Special Terms and Conditions Page 2 of 14 •• 5. OVERSIGHT Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD no later than June 1, 2020 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 1, 2020 using the template found in Exhibit B. The third report shall be submitted to OPD no later than June 1, 2021 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 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 GRT20029 Special Terms and Conditions Page 3 of 14 67 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 GRT20029 General Terms and Conditions Page 4 of 14 .: 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 GRT20029 General Terms and Conditions Page S of 14 .• 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, 2020. City: Date Completed: Contact Name: Title: Mailing Address: Phone: Email Address: 1.1 In 2019, the city paid indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Other Funds Grant 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 GRT20029 Exhibit A — Grant Report #1 — Due June 1, 2020 Page 6 of 14 70 1.2For 202O the city has budgeted indigent defense expenses asfollows: Chapter 10.101 RCW State City Funds Grant Funds OtherFunds Attorney salaries and benefits, contract and conflict attorney Investigators, experts, interpreters, social workers, and other Other public defense Tot 1.3 What amount of the0020 state grant funds has been spent so far? 2.1 In 2019, attorneys providing indigent defense representation had the following caseloads: Fill in section 2.2(a) if the city has opublic defender agency orcontracts with ocounty public defender agency or non-profit public defensefirm. Fill in section 2.1(b)for list appointments or contracts with private attorneys. a. Cities using public defender agencies. Number ofcases assigned topublic defender agency (not including conflict counse|): Number ofprobation violations and other miscellaneous post sentencing hearings assigned: Number uffu|Aimeequkmbntpublic defenders: Average per -attorney caseload, if available: b. Cities using list appointments orcontracts with private firms. Number of cases assigned to public defense attorneys: Number ofprobation violations and other miscellaneous post sentencing hearings assigned: Number ofattorneys with public defense contracts oron court'sappointment list: Grant Agreement GRT2OOZ9 Exhibit A — Grant Report #1—Due June l,JOJO Page 7 of 14 71 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 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: 4.1If the city has public defense contracts, fill out the Table ofPublic Defense Contracts (Table /), 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 Kthe court appoints public defense attorneys from olist, provide the name ofeach attorney and the compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table 11). 4'3Vthe City has adopted any new public defense policies, ordinances, orresolutions within the last year, please attach them to this report. 4.4Provide copies ofattorneys' 2O20second quarter Certificates mfCompliance. Grant Agreement GRT2O2B Page 8 of 14 72 Table I: Public Defense Contracts and Subcontracts Currently in Effect (2020) 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 2020 Method and rate of payment (per case/per hour, etc.) Conflict cases only? Yes/No Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 9 of 14 73 Table II: List -Appointed Public Defense Attorneys (2020) Name of attorney/firm (If firm, please identify (1) the total number Method and rate of payment (per of attorney FTEs handling public defense Number of cases assigned cases, and (2) the name of each attorney case/per hour, etc.) handling public defense cases) Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 10 of 14 74 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, 2020. Failure to timely submit this report could delay disbursement of 2021 grant funds. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. As of the date of this report, the city has paid indigent defense expenses as follows in 2020: City Funds Chapter 10.101 RCW Other Funds State Grant 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 2020 grant funds be expended by the end of the calendar year? Yes No Unsure Grant Agreement GRT20029 Exhibit B — Grant Report #2 — Due Dec. 1, 2020 Page 11 of 14 75 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 2020: 4. Plans for 2021 Grant Funds: 5. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT20029 Exhibit B — Grant Report #2 — Due Dec. 1, 2020 Page 12 of 14 76 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' 2021 quarterly Certificates of Compliance to the Washington State Office of Public Defense by June 1, 2021. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. For 2021, the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds 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 the2021 state grant funds has been spent so far? Grant Agreement GRT20029 Exhibit C — Grant Report #3 — Due June 1, 2021 Page 13 of 14 77 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 GRT20029 Exhibit C — Grant Report #3 — Due June 1, 2021 Page 14 of 14