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HomeMy WebLinkAboutCSS 2025-12-08 Item 1A - Grant Acceptance - 2025-2026 WA State Office of Public Defense GrantTO: CC: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM COMMUNITY SERVICES AND SAFETY COMMITTEE Mayor McLeod Marty Wine, City Administrator FROM: Cheryl Thompson, Executive Coordinator DATE: November 26, 2025 SUBJECT: Office of Public Defense 2026-2027 Grant Agreement ISSUE The Washington State Office of Public Defense (WSOPD) has awarded the City of Tukwila grant funds in the amount of $80,930 for the Public Defense Program: $53,953.33 for 2026 and $26,976.67 for January through June 2027. Council needs to approve execution of the grant agreement since the award exceeds the $60,000 threshold. BACKGROUND The Sixth Amendment of the United States Constitution requires that people accused of serious crimes who cannot afford to pay for private counsel be provided with an attorney. Responsibility for upholding the mandate of the Sixth Amendment lies with the states, although in Washington State this responsibility has been delegated to counties and municipalities that have judicial branches. The City of Tukwila contracts for public defense services to provide legal representation for indigent criminal defendants who qualify for appointment of counsel. Representation is provided from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. To enhance the City's Public Defense Program, the City has applied for and received grant awards from WSOPD since 2013. The grant awards for 2013 — 2017 were for one year and ranged from $22,000 - $25,600. In 2018 WSOPD transitioned to a two-year grant award process and the City has received awards for $85,000 for 2018-2019, $80,000 for 2020-2021, $75,000 for 2022-2023 and 2024-2025. DISCUSSION In October the City received notification that WSOPD has awarded the City $80,930 in grant funds for January 1, 2026, through June 30, 2027. This grant period is for 18 months as the program transitions from a calendar year timeline to alignment with the State's fiscal year. WSOPD has stipulated that the grant funds may be used for the following: Adding attorneys to reduce public defense caseloads; investigator services; public defense attorney compensation; social work services or sentencing mitigation; interpreter services for attorney -client interviews; and reimbursement of training costs. The attached Grant Agreement must be signed and returned to WSOPD by December 29, 2025, 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 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 reimburse public defense attorneys for training costs for participating in trainings approved by WSOPD and to increase compensation to public defense 1 INFORMATIONAL MEMO Page 2 attorneys to cover additional services implemented due to the transition to virtual court hearings. These grant funds will allow the City to continue providing these services. RECOMMENDATION The Committee is being asked to authorize the Mayor to execute this agreement as a consent agenda item at the December 15, 2025, Council meeting. ATTACHMENTS 2026-2027 Grant Agreement 2 Agreement No. IAA26078 ashin:ton State ffice of Pudic tefense FACE SHEET RCW 10.101.070 FUNDS The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. The Office of Public Defense (OPD) and Recipient, as defined below, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January 1, 2026 and end June 30, 2027. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Special Terms and Conditions, General Terms and Conditions, and Exhibits A, B, and C. t City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 eCl l t r S t t•V Cheryl Thompson Executive Coordinator City of Tukwila istr ti $80,930.00 r ci Signature Thomas McLeod Printed Name Mayor Title f f s ( 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 r s tti Geoffrey Hulsey Managing Attorney WA State Office of Public Defense s l* r January 1, 2026 through June 30, 2027 Signature Geoffrey D. Hulsey Printed Name Managing Attorney Public Defense Improvement Program, OPD Title Date Date 1 of 6 3 Agreement No. IAA26078 r i 1. Agreement 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 Agreement. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Agreement. b. The Representative for the Recipient and their contact information are identified on the Face Sheet of this Agreement. 2. Distribution Amount The Distribution Amount is $80,930.00 Dollars (Eighty thousand nine hundred thirty dollars and zero cents) to be used for the purpose(s) described in the USE OF FUNDS below. Two-thirds of the award amount shall be disbursed to Recipient in January 2026 for intended use during calendar year 2026. The remaining third shall be disbursed to Recipient in January 2027 for intended use through June 30th during the calendar year 2027. 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 Funds (as adopted in OPD Policy County/City Use of State Public Defense Improvement Funds) 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. Funds cannot be spent on purely city or court administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grant funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Funds cannot be used for county attorney time, including advice on public defense contracting. g. Funds cannot be used for in -court interpreter services required under Chapter 2.43 RCW. h. Funds cannot be used for pre-trial monitoring of public defense clients (e.g., SCRAM, EHM, UA) 4. Use of Funds a. Recipient agrees to use the RCW 10.101.070 funds to improve the quality of legal representation directly received by indigent defendants. b. Recipient agrees to use the funds for the following purpose(s): i. Adding attorneys to reduce public defense caseloads ii. Adding investigator services iii. Increasing public defense attorney compensation iv. Providing social work services or sentencing mitigation as part of public defense representation v. Providing interpreter services for attorney -client interviews and communications vi. Reimbursement of training costs 2 of 6 4 Agreement No. IAA26078 c. Recipient agrees to use the funds between January 1, 2026 and June 30, 2027. If Recipient is unable to use the funds in the Use Period, the Recipient agrees to notify OPD to determine what action needs to be taken. d. If Recipient's Statewide Vendor (SWV) registration does not accept EFT, Recipient agrees to deposit the RCW 10.101.070 funds within 14 days of receipt. 5. Oversight a. Recipient agrees to provide reports to OPD due no later than June 1, 2026, December 1, 2026, and June 1, 2027. Exhibits A, B, and C report templates will be provided by OPD. The first report must be submitted along with the Recipient's public defense attorneys' contracts, certifications of compliance, and other required documentation. b. Over the duration of the Use Period, 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, Recipient will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and county representatives. 6. Order of Precedence In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and court rules b. Special Terms and Conditions c. General Terms and Conditions I 1. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Agreement 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. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 29 CFR Part 35. The Recipient 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 Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Recipient without prior written consent of OPD. 3 of 6 5 Agreement No. IAA26078 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. 6. CONFORMANCE If any provision of this Agreement 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. CORRECTIONS If there are non -substantive typographical, grammar, scrivener's or drafting errors (such as erroneous numerical figures, incorrect dates, misspelled words, errant commas, etc.), OPD reserves the right to correct said errors at any time, without prior notice. 8. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement. 9. ELECTRONIC SIGNATURES An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. 10. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Recipient 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. 11. FORCE MAJEURE Neither Agency nor OPD shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except Subcontractors). In the event a Force Majeure occurs after the effective date and prior to completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to suspend performance of the Agreement until OPD determines the Force Majeure event resolved. OPD may exercise this option with no notification restrictions. 12. GOVERNING LAW AND VENUE This Agreement 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. 13. INDEMNIFICATION To the fullest extent permitted by law, the Recipient 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 4 of 6 6 Agreement No. IAA26078 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 Agreement. 14. LAWS The Recipient shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Recipient shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Recipient's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part. 16. NONEXCLUSIVELY This Agreement is non-exclusive. During the term of this Agreement, the OPD reserves the right to enter into agreements with other parties as it deems fit. Nothing contained in this Agreement shall be construed to limit in any way the OPD's right to enter a like or similar agreement or grant a like or similar award to any other entity or party on such terms as the OPD may in its sole discretion deem appropriate. 17. PUBLIC INFORMATION Unless statutorily exempt from public disclosure, this Agreement and all related records are subject to public disclosure as required by Washington's General Rule 31.1, Access to Administrative Records. Agency when submitting records to OPD or otherwise making written inquiries or requests to OPD, shall redact any confidential information contained therein and shall not identify clients or other case -related parties by name. 18. RECAPTURE In the event that the Recipient fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of the Agreement, 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. 19. RECORDS MAINTENANCE The Recipient shall maintain all books, records, documents, data and other evidence relating to this Agreement. Recipient shall retain such records for a period of six (6) years following the end of the Agreement 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. 20. RIGHT OF INSPECTION At no additional cost all records relating to the Recipient's performance under this Agreement 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 Agreement. The Recipient shall provide access to its facilities for this purpose. 21. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 5 of 6 7 Agreement No. IAA26078 22. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, expiration or termination of this Agreement shall so survive. 23. SUSPENSION FOR CONVENIENCE OPD may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the Agency a minimum of seven (7) calendar days before the suspension date. Agency shall resume performance on the first business day following the suspension period unless another day is specified in writing by OPD prior to the expiration of the suspension period. 24. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 25. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days prior written notification. Upon such termination, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of such termination. 26. TERMINATION FOR NON -AVAILABILITY OF FUNDS OPD's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. OPD may also elect to suspend performance of the Agreement until OPD determines the funding insufficiency is resolved. OPD may exercise any of these options with no notification restrictions, although OPD will make a reasonable attempt to provide notice. In the event of termination or suspension, OPD will reimburse eligible costs incurred by the Agency through the effective date of termination or suspension. Reimbursed costs must be agreed to by OPD and the Agency. In no event shall OPD's reimbursement exceed OPD's total responsibility under the Agreement and any amendments. 27. 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 Agreement unless stated to be such in writing. 6 of 6 8