HomeMy WebLinkAboutGRA2019-051 - Original - WA State Dept. of Public Defense - Improving the Quality of Public Defense - 01/01/2020 Agreement Routing Form1� 0 l�
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Date Sent: 11-26-19 Date Required. Soonest possible please
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Start Date: 1-1-20 Termination Date: 12-31-21
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Grant Agreement No.GRT20016
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee 2. Grantee Representative
City of Kent Lori Guilfoyle
220 4th Ave S Senior Human Services Coordinator
Kent,WA 98032 220 4th Ave S
Kent,WA 98032
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 _
$24,000.00 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
Joann I. Moore, Director
Name,Title
Date Date
Grant Agreement GRT20016
Face Sheet Page 1 of 14
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 twenty-four thousand and 00/100 Dollars($24,000.00)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 OPO Policy County/Cif 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. Additional attorneys to comply with caseload limits,and
ii. Increased public defense attorney compensation.
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.
5. 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
Grant Agreement GRT20016
Special Terms and Conditions Page 2 of 14
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 GRT20016
Special Terms and Conditions Page 3 of 14
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_jADA 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 GRT20016
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 GRT20016
General Terms and Conditions Page 5 of 14