HomeMy WebLinkAbout19-193 - Washington State Office of Public Defense - 2020-2021 Public Defense Grant19-193()
Council Approval N/A
First Amendment tmGrant Agreement No. GRT20029
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
6JOO6outhmenter8�d
Tukwila, VVABQ1O8
2. Grantee Representative
Cheryl hery|Thompson
Executive Assistant
6%0DSouthcenterBlvd
Tukwila, VVASO18D
3. Office mfPublic Defense (OPD)
711Capitol Way South, Suite 1O6
PC)Box 4O9G7
Olympia, WA 98504-0957
4. Op0Representatina
Katrin]ohnson
Managing Attorney
Office ofPublic Defense
71ICapitol Way South, Suite 106
POBox 489S7
Olympia, VVAQQ5O4-D957
G. Grant Amount
$&O,UOO.00
5. Grant Period
January 1, 20201hrough December31, 2021
7. Amendment Purpose
This Amendment serves to modifV the following to Grant Agreement GRT20029:
A. Section 2 of the Special Terms and Conditions is amended, hereby permitting Grantee to spend
funds that were awarded in January 2020 for approved uses during calendar years 2020 and
2021.
B. Section 4.a. of the Special Terms and Conditions of is amended, hereby adding the following to
the list of permitted uses of grant funds: Equipment, or services to ensure safe, continuity of
representation due to CDV8J-19. Examples include personal protective equ/pmnent/broefense
attorneys and clients, and techno/ngyƒhrattorneys tocommunicate remotely with clients and
participate inremote orin-person court proceedings.
The Washington State Office of Public Defense and Grantee, as defined above, acknowledge and accept
the changes described in section 7 of this Amendment. All other terms and conditions remain in full
force and effect.
FOR THE GRANTEE
FOR OP;
_
Allan Ekberg, Mayor
Joanne |. Moore, Director '
/ �fl�\' —�ate
��t/
First Amendment to Grant Agreement GRT200291
Page 1 of 1
Grant Agreement No. GRT20029
FACE SHEET
WASHUNGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City ofTukwila
6�DD�outhoenterB|vd
Tukwila, VVA9Q1DO
2. Grantee Representative
Cheryl Thompson
Executive Assistant
G3OOSuuthcenterBlvd
Tukwila, VVAg818O
]. Office mfPublic Defense (OPD)
711Capitol Way South, Suite 106
POBox 4U957
Olympia, WA 98504-0957
4. OPD Representative
Katrin Johnson
Managing Attorney
Office ofPublic Defense
711 Capitol Way South, Suite 1O6
POBox 4O957
Olympia, WA 98504-0957
5.Grant Amount
$80,000.00
6.Grant Period
January 1,2O2Othrough December 31,3O31
7. Grant Purpose
The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of
public defense services }nWashington municipalities. (See Chapter1O.1O1 R[\m.)
The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of
this Grant Agreement and attachments and have executed this Grant Agreement on the date below to
start January 1, 2020 and end December 31, 2021. The rights and obligations of both parties to this
Grant are governed by this Grant Agreement and the following other documents incorporated by
reference: Special Terms and Conditions ofthe City Grant Agreement, General Terms and Conditions of
City Grant Agreement, and Exhibits A,B,and C.
FOR THE GRANTEE
FOR OPD
- °
AUanEkber�k�ayor
Name, Title
k�� �t�Uwk
, �$v v
v
Jo |' Moore, Director
Date
Date /
.�� �5 t �� 1 [l��o(&S
Grant Agreement GRT2O02y
Face Sheet
Page 1of14
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. GRANT MANAGEMENT
The Representative for each of the parties shall beresponsible for and shall bethe contact person for
all communications regarding the performance ofthis Grant.
a. The Representative for CPD 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 ofthis Grant.
2. GRANT AWARD AMOUNT
The Grantee is awarded eighty thousand and 00/100 Dollars ($80,000.00) to be used for the
purpose(o)described inthe USE OF GRANT FUNDS below. One-half ofthe award amount shall be
disbursed to Grantee in January, 2020 for use during calendar year 2020. The remaining one-half shall
bedisbursed toGrantee inJanuary, 2O21for use during calendar year 2O21.
3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy Countv/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 tothe initial disbursement ofstate grant funds.
b. Grant funds cannot be spent on purely administrative functions or billing costs.
c. Grant funds cannot beused for cost allocation.
d. Grants funds cannot beused for indiQencyscreening 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 0FGRANT FUNDS
a. Grantee agrees touse 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 inSection 4aabove.
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 OPDtudetermine what action
needs to be taken.
d. Grantee agrees to deposit the grant check within fourteen days of receipt.
Grant Agreement GRT2OB
S. OVERSIGHT
a. 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
inthe following order:
° Applicable federal and state of Washington statutes, regulations, and court rules
w Special Terms and Conditions Ofthe City Grant
* General Terms and Conditions ofthe City Grant
Grant Agreement GRT2O029
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.
I 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. A&8ERC|#NSWITH DISABILITIES ACT (A0A)0F199D^PUBLIC LAW 101'33G,also referred toosthe
"A0A°29CFRPart 3G.
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities inthe areas ofemployment, 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 ofOPD.
S. 4JFTORNEV°GFEES
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 toconform tothat statute orrule oflaw.
7. ETHICSICONFLfCTSOFINTEREST
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 ofinterest.
S. 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
orincident tothe performance orfailure toperform the Grant.
10, LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies
oflocal and state and federal governments, asnow urhereafter amended.
Grant Agreement GRT2OO29
11NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state,and local
nondiscrimination laws, regulations and policies. |nthe event ofthe Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled orterminated inwhole orinpart.
13.111ECAPTURE
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 0FINSPECTION
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. SEVERAB|L[[Y
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 ofany default orbreach 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 unlessstated
to be such in writing.
Grant Agreement GRT2D029
Exhibit A
Washington State Office nfPublic Defense
Public Defense Improvement Program
City Grant Report #1
All City grant recipients are required to submit completed copy oƒthis 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:
Section 1:Public Defense Expend iturem/Budget
1.1In2U19,the city paid indigent defense expenses asfollows:
City Funds
Chapter 1l1O1RCVVState
Grant Funds
-erFunds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Grant Agreement GRT20029
Page 6 of 14
1.2 For 2O2O,the city has budgeted Indigent defense expenses asfollows:
City Funds
Chapter 1O 101 R[VVState
Grant Funds
OtherFunds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$.
$
, `
, .
1.3 What amount of the 2020 state grant funds has been spent so far?
Section 11:Case Assignments
'
2'1 Im2O19,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 contractswithprivoteottoxneys
a. Cities using public defender agencies.
Number nfcases assigned topublic defender agency (not
including conflict oounse|):
Number ofprobation violations and other miscellaneous
post sentencing hearings assigned:
Number offuU'time'equivo|entpublic defenders:
Average per -attorney caseload, if available:
b. Cities using list appointments mrcontracts with private firms.
Number of cases assigned topublic defense attorneys:
Number ofprobation violations and other miscellaneous post
sentencing hearings assigned:
Number nfattorneys with public defense contracts oron
court'sappointment list:
Grant Agreement GRT2O029
Section 111: 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 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' 2020 second quarter Certificates of Compliance.
Grant Agreement GRT20029
Exhibit A — Grant Report #1 — Due June 1, 2020 Page 8 of 14
Table 1: Public Defense Contracts and Subcontracts Currently in Effect (2020)
Name ofattorney/firm
(If firm, please identify (1)the total number
ofattorney FTEshandling public defense
handling public defense cases)
Number ofmisdemeanor/
gm�misdemeanorcaos
sntidp"`"" for the
attorney/firm
M�hndand ���
payment (per
case/per hou��z�>
Conflict cases
only?case�and(2)thenumeofeacha�orney
Yes/No
Grant Agreement GRT2OO29
Page 9 of 14
Table II: List -Appointed Public Defense Attorneys (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)
Method and rate of payment (per
case/per hour, etc.)
Number of cases assigned
Grant Agreement GRT20029
Exhibit A — Grant Report #1 — Due June 1, 2020
Page 10 of 14
Washington State Office OfPublic Defense
Public Defense Improvement Program
City Grant Report #2
All City grant recipients are required tmsubmit o completed copy ofthis report tothe
Washington State Office ofPublic Defense 6vDecember 1,2020.
Failure to timely submit this report could delay disbursement of 2021 grant funds.
Report Date:
Contact —
Name/Title:
Email:
Phone:
Address:
1' Aaofthe date mfthis report, the city has paid indigent defense expenses asfollows in2D2O:
City Funds
Chapter 1O' 1U1RCVV
State Grant Funds
OtherFunds
Attorney salaries and
benefits contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
other public defense
expenses
$
$
$
Will all 202Qgrant funds be expended by
the end of the calendar year?
Grant Agreement GRDO29
Exhibit B — Grant Report #2 — Due Dec. 1, 2020
Yes
No
Page 11mf14
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 8 — Grant Report #2 — Due Dec. 1, 2020
Page 12 of 14
Exhibit C
Washington State office nfPublic Defense
Public Defense Improvement Program
City Grant Report #3
All city grant recipientsare required tosubmit o completed copy ofthis report, along with
all public defense mttorneys'2021 quarterly Certificates of Compliancebothe Washington
State Office of Public Defense by June 1, 2021.
City:
Report
Cmntac±—Nm e:
Email:
Phone:
Address:
1' For 2&21,the city has budgeted indigent defense expenses asfollows:
City Funds
Chapter 10.101 RCVVState
Grant Funds
Othe,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 ofthe2021state grant funds has been spent so far?
Grant Agreement GRT2OOZ9
Exhibit C — Grant Report #3 — Due June 1, 2021
Page 13of14
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