HomeMy WebLinkAboutCAG2024-411 - Original - Washington State Office of Public Defense - Public Defense Simple Possession - 7/1/24 FOR CITY OF KENT OFFICIAL USE ONLY W_
Sup/Mgr:
Agreement Routing Form Dir Asst: PH Tf�
• For Approvals,Signatures and Records Management Dir/Dep:
KENTThis form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WAS H IN G To N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Lori Guilfoyle Parks, Recreation & Community Services
Date Sent: Date Required:
> 08/22/2024 ASAP
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fl. Mayor or Designee to Sign. Date of Council Approval:
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Q Interlocal Agreement Uploaded to Website 8/20/24
Budclet Account Number: Grant? Yes W1 No�
10006380.53424
Budget? Yes W]No Type: State
Vendor Name: Category:
WA Office of Public Defense Contract
Vendor Number: Sub-Category:
= 116603 Original
Office of Public Defense SPAR funding
Project Name: g
oProject Details: Provide reimbursement to City of Kent for the cost of providing defense
= counsel's consultation and representation for defendants facing charges or
}, charged with simple possession or public use offenses
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Basis for Selection of Contractor:
E Agreement $115,000 Other
N *Memo to Mayor must be attached
i Start Date: July 1 , 2024 Termination Date: June 30, 2025
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Q Local Business? Yes W]No-If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: El Yes ElIn-Process ElExempt(KCC 5.01.045) W1 Authorized Signer Verified
Notice required prior to disclosure? Contract Number: CAG2024-411
Yes W1 No
Comments:
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Contract Agreement- City signs first
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Date Received:City Attorney: 8/23/24 Date Routed:Mayor's Office City Clerk's Office
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Agreement No. GRT25030
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
Simple Possession Advocacy and Representation (SPAR) Program Funding Agreement
1. Recipient 2. Recipient Representative
City of Kent Dana Ralph
220 4th Ave S Mayor
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 Grace O'Connor
PO Box 40957 Supervising Attorney
Olympia, WA 98504-0957 Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5. Agreement Amount 6. Agreement Period
$115,000 July 1, 2024 through June 30, 2025
7. Purpose
The purpose of this Agreement is to provide reimbursement to City of Kent (Recipient) for the cost of
providing defense counsel Consultation and Representation for defendants facing charges or charged
with simple possession or public use offenses under RCW 69.50.4011(1)(b) or(c), RCW 69.50.4013, RCW
69.50.4014, or RCW 69.41.030(1), or under local ordinances involving allegations of possession or public
use of a controlled substance, counterfeit substance, or legend drugs, consistent with Second Engrossed
Second Substitute Senate Bill 5536, Chapter 1, sec. 35, sec. 39, Laws of 2023.
8.Acknowledgement, Incorporation by Reference, and Execution
The Office of Public Defense (OPD) and Recipient acknowledge and accept the terms of this Agreement
and attachments and execute this Agreement as of the date the last signatory signed.The rights and
obligations of both parties to this Agreement are governed by this Agreement and the following other
documents incorporated by reference: Exhibit A, Special Terms and Conditions, and Exhibit B, General
Terms and Conditions.
FOR RECIPIENT FOR OPD
--D 6mce D'coilig-
_ Grace O'Connor(Sep 3,202411:04 PDT)
Dana Ralph, Mayor Grace O'Connor, Supervising Attorney
08/29/2024 Sep 3,2024
Date Date
EXHIBIT A: SPECIAL TERMS AND CONDITIONS
1. AGREEMENT MANAGEMENT
a) The Representative for each of the parties will be responsible for and will be the contact
person for all communications regarding the performance of this Agreement.
b) The Representative for OPD and their contact information is identified on the Face Sheet of
this Agreement.
c) The Representative for Recipient and their contact information is identified on the Face Sheet
of this Agreement.
2. REIMBURSEMENT
a) Subject to Section 4 of this Exhibit,Terms of Reimbursement, OPD shall reimburse for
authorized expenses as identified in Section 7 of this Exhibit,Authorized Reimbursable
Expenses.
b) OPD will subtract from reimbursement amounts where Recipient or Recipient's court has
assessed a cost of counsel against an indigent defendant and the indigent defendant has
either signed a promissory note for that amount, or had a fee imposed at sentencing for this
purpose. Recipient shall report such assessed costs to OPD.
3. ALLOCATED MAXIMUM REIMBURSMENT AMOUNT
a) The maximum amount Recipient maybe reimbursed for authorized expenses shall not exceed
$115,000 for the period of this Agreement.
b) Subject to the availability of funds, and upon mutual agreement, Recipient and OPD may
amend this Agreement in writing to increase the allocated maximum reimbursement amount.
c) By mutual agreement, Recipient and OPD may extend this agreement for an additional
maximum reimbursement amount.
4. TERMS OF REIMBURSEMENT
a) OPD will reimburse Recipient upon acceptance of expenses and receipt of properly completed
invoices and calculation worksheets, and sufficient documentation supporting the invoices
and calculation worksheets. Recipient shall submit invoices to the Representative for OPD
subject to the invoicing schedule included in subsection (h) of this Section.
b) OPD will provide an invoice form and calculation worksheets to Recipient. Recipient shall
provide sufficient documentation accompanying the invoice and calculation worksheet to
prove,to OPD's satisfaction,the costs incurred by Recipient and to allow OPD to determine
that the costs were for Authorized Reimbursable Expenses. Sufficient documentation will
include a description of the work performed, including case numbers during the invoice time
period, and proof that the requested expenses were paid by Recipient. Sufficient
documentation demonstrating costs incurred by Recipient may include, but is not limited to,
salary pay stubs or invoices for contracted services.OPD reserves the right to amend the
2
invoice form and calculation worksheets at any time.
c) Payment will be considered timely if made by OPD within 30 calendar days after receipt of
properly completed invoices and calculation worksheets. OPD shall send payment to the
address designated by Recipient and associated with Recipient's Statewide Vendor Number
SWV0000552-00.
d) OPD may, in its sole discretion, terminate this Agreement or withhold payments claimed by
Recipient for services rendered if Recipient fails to satisfactorily comply with any term or
condition of this Agreement.
e) OPD shall not make any payments in advance or in anticipation of services or supplies to be
provided under this Agreement.
f) Recipient shall report whether it will be unable to spend any allocated maximum
reimbursement amount during the Agreement Period,or if Recipient anticipates a need to
increase the allocated maximum reimbursement amount. Any request to increase the
allocated maximum amount will be subject to Section 3(b)of this Exhibit. OPD reserves the
right to reallocate funds to other jurisdictions that Recipient reports as unable to be spent.
g) Reimbursable expenses must be incurred between July 1, 2024 and June 30, 2025. Recipient
shall bear the cost of and ensure continued Consultation and Representation for all individuals
who are being represented by Recipient's attorneys on Qualifying Cases when the agreement
period ends.
h) OPD's fiscal year runs from July 1 to June 30 of each year, and OPD is unable to pay expenses
from a previous fiscal year with the following fiscal year's budget.Accordingly, Recipient must
submit invoices for costs incurred between July 1, 2024 and June 30, 2025, by August 1, 2025.
5. DUPLICATION OF BILLED COSTS
Recipient shall not bill OPD for services performed under this Agreement, and OPD shall not pay
Recipient, if Recipient is entitled to payment or has been or will be paid by any other source, including
grants, for that service.
6. DISALLOWED COSTS
Recipient is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its contractors or subcontractors.
7. AUTHORIZED REIMBURSABLE EXPENSES
a. Recipient is authorized to seek reimbursement for the following costs, subject to the
provisions in Sections 2 and 4 of this Exhibit:
1. Compensation for attorney Representation on Qualifying Cases;
2. Compensation for attorney Consultation on Qualifying Cases;
3. Support staff time devoted to assisting and supporting attorney Representation and
Consultation on Qualifying Cases;
4. Investigation costs associated with Qualifying Cases;
5. Expert services where the scope of the expert's expertise is related to a Qualifying
Charge.
6. Compensation for attorney Representation on an appeal undertaken according to the
Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RAU) where the RAU
3
appeal contains an issue for review arising from a Qualifying Charge.
8. OVERSIGHT
a) Over the duration of the agreement term, OPD may conduct site visits for purposes of ensur-
ing the use of 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 city or county representatives.
9. DEFINITIONS
a. "Alternatives to Prosecution" means an opportunity to depart from the traditional criminal
case process of charge to plea or trial. Examples include, but are not limited to, stipulated
continuances, deferrals, Specialty or Therapeutic courts, Pre-file Diversion programs, or Pre-
trial Diversion programs.
b. "Consultation" means consultation for a Client prior to assignment of counsel at first
appearance or arraignment. Consultation also means advising a Client on Pre-File or Pre-Trial
Diversion options. Consultation also means advising a Client during the pendency of pre-trial
Diversion.
c. "Client" means an indigent individual facing a pending charge or charged with a Qualifying
Charge in a court of limited jurisdiction.
d. "Pre-File Diversion" means an opportunity for a Client to depart from the criminal legal
system, initiated by either law enforcement or the prosecutor, that takes place before charges
are filed against the Client. Pre-File Diversion may be, but need not be,organized under RCW
69.50.4011(3)(c), 69.50.4013(2)(c), 69.50.4014(2),or 69.41.030(2)(e).
e. "Pre-Trial Diversion" means an opportunity for a Client to depart from the criminal legal
system after charges are filed against a defendant but before a plea is entered, or before
proceeding to trial. Pre-Trial Diversion may be, but need not be, organized under RCW
69.50.4017.
f. "Qualifying Charge" means a charge of violating RCW 69.50.4011(1)(b) or(c), 69.50.4013,
69.50.4014, 69.41.030(2), (b), or(c); or a charge under a local ordinance involving allegations
of possession or public use of a controlled substance, counterfeit substance,or legend drug.
g. "Qualifying Case" means a proceeding filed against a Client in a court of limited jurisdiction in
which at least one of the charges filed, either originally or as amended, is a Qualifying Charge,
even if later dismissed.
h. "Representation"means appointment to represent Clients in Qualifying Cases, including but
not limited to appearance at arraignment, pre-trial appearances, motions, sentencings, status
conferences, review hearings, client conferences, and preparation for trial. Representation
also means appointment to represent Clients for Alternatives to Prosecution, including on
motions to terminate Clients from Alternatives to Prosecution.
i. "Specialty or Therapeutic Court" means a court utilizing a program structured to achieve both
a reduction in recidivism and an increase in the likelihood of rehabilitation, or to address
4
substance use disorder or mental health conditions in defendants through continuous and
judicially supervised treatment and the appropriate use of services, sanctions, and incentives.
10. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement,the inconsistency will be resolved by giving
precedence in the following order:
a. Applicable federal and state of Washington statutes, regulations, and court rules
b. Exhibit A, Special Terms and Conditions
c. Exhibit B, General Terms and Conditions
5
EXHIBIT B: GENERAL TERMS AND CONDITIONS
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.
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 Recipient without prior written consent of OPD.
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. ETHICS/CONFLICTS OF INTEREST
In performing under this Agreement, 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.
8. 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.
9. INDEMNIFICATION
To the fullest extent permitted by law, 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 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.
10. LAWS
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.
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, Recipient shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of 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.
12. RECAPTURE
In the event that 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.
6
13. RECORDS MAINTENANCE
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.
14. RIGHT OF INSPECTION
At no additional cost all records relating to 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. Recipient shall provide access to its facilities for this
purpose.
15. 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.
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 Agreement unless
stated to be such in writing.
7
8.E
KENT
DATE: August 20, 2024
TO: Kent City Council
SUBJECT: Grant Agreement for Public Defense Services Related to
Drug Possession and Public Use Cases - Accept and
Authorize
MOTION: I move to accept grant funds from the Washington Office of
Public Defense in the amount of $115,000, amend the budget, authorize
expenditure of the grant funds, and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions acceptable to
the Parks Director and City Attorney.
SUMMARY: The purpose of this Agreement is to provide reimbursement to City of
Kent for the cost of providing public defense services to indigent defendants
charged with simple possession or public use drug offenses under RCW
69.50.4011(1)(b) or (c), RCW 69.50.4013, RCW 69.50.4014, or RCW 69.41.030(1),
or under local ordinances involving allegations of possession or public use of a
controlled substance, counterfeit substance, or legend drugs, consistent with
Second Engrossed Second Substitute Senate Bill 5536, Chapter 1, sec. 35, sec. 39,
Laws of 2023. Authorized reimbursement includes compensation for attorney
representation, investigation costs, and expert services associated with qualifying
cases.
BUDGET IMPACT: Any related expenditures will be offset by the grant funds
received.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Washington State Office of Public Defense (PDF)
08/06/24 Committee of the Whole MOTION PASSES
Packet Pg. 51
8.E
RESULT: MOTION PASSES [UNANIMOUS]Next: 8/20/2024
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Satwinder Kaur, Brenda Fincher, Marli Larimer, Zandria
Michaud
Packet Pg. 52
Signature: Signature: Thtma I�U�hh
Merin Hanson(Aug22,202414:14 PDT) Phung Huyn Aug22, 2416:12 PDT)
Email: mhanson@kentwa.gov Email: parkscontracts@kentwa.gov
Signature: Juli arascondola(Aug 22,202416:17 PDT)
Email: jparascondola@kentwa.gov
H HS-082224-WA Office of Public Defense-
SPAR Funding
Final Audit Report 2024-08-22
Created: 2024-08-22
By: Leah Bryant(Ibryant@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAduJhDOZoKhxrz35fpMXJ6SrzpKZntClg
"HHS-082224-WA Office of Public Defense-SPAR Funding" Hist
ory
Document created by Leah Bryant (Ibryant@kentwa.gov)
2024-08-22-9:10:51 PM GMT
Document emailed to mhanson@kentwa.gov for signature
2024-08-22-9:11:39 PM GMT
Email viewed by mhanson@kentwa.gov
2024-08-22-9:14:02 PM GMT
Signer mhanson@kentwa.gov entered name at signing as Merina Hanson
2024-08-22-9:14:32 PM GMT
Document e-signed by Merina Hanson (mhanson@kentwa.gov)
Signature Date:2024-08-22-9:14:34 PM GMT-Time Source:server
Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature
2024-08-22-9:14:36 PM GMT
Email viewed by Kent Parks (parkscontracts@kentwa.gov)
2024-08-22-11:11:30 PM GMT
Signer Kent Parks (parkscontracts@kentwa.gov) entered name at signing as Phung Huynh
2024-08-22-11:12:16 PM GMT
Document e-signed by Phung Huynh (parkscontracts@kentwa.gov)
Signature Date:2024-08-22-11:12:18 PM GMT-Time Source:server
Document emailed to Julie Parascondola (jparascondola@kentwa.gov)for signature
2024-08-22-11:12:20 PM GMT
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Email viewed by Julie Parascondola (jparascondola@kentwa.gov)
2024-08-22-11:17:01 PM GMT
Document e-signed by Julie Parascondola (jparascondola@kentwa.gov)
Signature Date:2024-08-22-11:17:16 PM GMT-Time Source:server
Agreement completed.
2024-08-22-11:17:16 PM GMT
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City of Kent SPAR Funding GRT25030
Final Audit Report 2024-09-03
Created: 2024-09-03
By: Nicole Dodge(nicole.dodge@opd.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAUAfUS2nmyXABc4olAuoAtoZOFGzWFbFw
"City of Kent SPAR Funding GRT25030" History
Document created by Nicole Dodge (nicole.dodge@opd.wa.gov)
2024-09-03-6:03:17 PM GMT-IP address: 198.238.203.47
Document emailed to grace.oconnor@opd.wa.gov for signature
2024-09-03-6:03:41 PM GMT
Email viewed by grace.oconnor@opd.wa.gov
2024-09-03-6:04:38 PM GMT-IP address:73.225.41.114
Signer grace.oconnor@opd.wa.gov entered name at signing as Grace O'Connor
2024-09-03-6:04:49 PM GMT-IP address:73.225.41.114
Document e-signed by Grace O'Connor(grace.oconnor@opd.wa.gov)
Signature Date:2024-09-03-6:04:51 PM GMT-Time Source:server-IP address:73.225.41.114
Agreement completed.
2024-09-03-6:04:51 PM GMT
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