HomeMy WebLinkAboutReg 2025-12-15 Item 5D - Grant Acceptance - WA State Office of Public Defense Grant for 2026-2027 Public Defense Program for $80,930COUNCIL AGENDA SYNOPSIS
Initialr
Meeting Date
Prepared by
Mayor's review
Council review
12/15/25
CT
ITEM INFORMATION
ITEMNO.
5.D.
STAFF SPONSOR: MARTY WINE
ORIGINAL AGENDA DATE: 12/15/25
AGENDA ITEM TITLE Washington State Office of Public Defense 2026-2027 Grant Agreement
CATEGORY ❑ Discussion
Mtg Date
Motion
Mtg Date
12/15/25
❑ Resolution
Mtg Date
E Ordinance
Mtg Date
E Bid Award
Mtg Date
E Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council n Mayor ❑ .Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Po/ice ❑ PW
SPONSOR'S
SUMMARY
The Council is being asked to authorize execution of the 2026-2027 Grant Agreement with
the Washington State Office of Public Defense to receive grant funds in the amount of
$80,930
REVIEWED BY
❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 12/08/25 COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to 12/15 Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$
AMOUNT BUDGETED
$
APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/15/25
MTG. DATE
ATTACHMENTS
12/15/25
Informational Memorandum dated 11/26/25
WSOPD 2026-2027 Grant Agreement
Minutes from 12/8 Community Services and Safety Committee Meeting
15
TO:
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
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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
17
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
18
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Agreement No. IAA26078
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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
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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.
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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
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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.
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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.
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City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
December 8, 2025- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Dennis Martinez, Chair; Mohamed Abdi, Armen Papyan
Staff Present: Marty Wine, John Dunn, Eric Dreyer, Eric Lund, Kris Kelly, Laurel Humphrey, David Rosen,
Pete Mayer, Jefri Peters
I. BUSINESS AGENDA
A. Grant Acceptance: 2025-2026 Washington State Office of Public Defense
Staff is seeking approval to accept $80,930 from the Washington State Office of Public Defense
*for the Public Defense Program through June 2027.
Committee Recommendation:
Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda
B. Olympic Heritage Agreement Amendment
Staff is seeking approval to amend the police services agreement with the Washington
Department of Social and Health Services to extend the date through December 31, 2030.
Committee Recommendation:
Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda
C. 2026-2031 King County Parks Levy Property Tax Agreement
Staff is seeking approval of the Property Tax Levy Agreement with King County to receive
passthrough funding from the levy proceeds.
Committee Recommendation:
Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda
D. Grant Acceptance: TCC Riverside Campus & Canoe Launch Project
Staff is seeking approval to accept $1M funding from the King County Parks Levy Open Space
- River Corridors program to fund the project.
Committee Recommendation:
Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda
E. Contract Amendment: Parks Security Services
Staff is seeking approval of a contract amendment with B-Force Protection Services to extend
park security services through June 2026.
Committee Recommendation:
Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda
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