001-18 - WA State Office of Public Defense - ContractContract No.001-18
Bra inearson, CMC, City Cl
Grant Agreement GRT18504
Face Sheet
FACE SHEET
WASHINGTON STATE OFFICE OF PUBTIC DEFENSE
Grant Agreement No. GRT18504
City of Port Orchard
216 Prospect 5t.
Port Orchard, WA 98355
1. Grantee 2. Grantee Representative
Deborah M. Hunt
Court Administrator
216 Prospect Street
Port Orchard, WA 98366
3. Office of Public Defense (OPDI
711 Capitol Way South, Suite 105
PO Box 40957
Olympia, WA 98504-0957
Joanne l. Moore
Director
Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
4. OPD Representative
5. Grant Amount
Sz8,ooo
5. Grant Period
January I,2Ot8 through December 3L,2019
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 L,2OL8 and end December 3L,20L9. 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.
..rltltl I I trrrr,. -
FOR THE GRANTEE
Name, Title
tb
\/
Date ,/-=
Y1zr-r-t
ne L Moore, Director
FOR
Page 1 of 15
SPECIAT TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
L GRANT MANAGEMENT
The Representative for each ofthe 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-eight thousand and 00/100 Dollars (528,000) 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, 2018 for use during calendar year 2018. The remaining one.half shall
be disbursed to Grantee in January, 20L9 for use during calendar year 2019.
3.
Defense Fundinel
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. USEOFGRANTFUNDS
a. Grantee agrees to use the grant funds for the following:
i. Adding attorneys to reduce public defense caseloads
ii. lncreasing 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.
Grantee agrees to use the first disbursement of funds in calendar year 2018, and the second
disbursement of funds in calendar year 2019. lf 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
Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD
no later than June 30, 2018 using the template found in Exhibit A. The second report shall be
submitted to OPD no later than December 15, 2018 using the template found in Exhibit B. The
third report shall be submitted to OPD no later than June 30,2OL9 using the template found in
Grant Agreement GRT18504
Special Terms and Conditions Page 2 of 15
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 will 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
ln 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
o SpecialTerms and Conditions Of the City Grant
o General Terms and Conditions of the City Grant
Grant Agreement GRT18504
Special Terms and Conditions Page 3 of 15
GENERAT 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.
"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 telecomm unications.
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.
5. CONFORMANCE
lf 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
ln 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. IAWS
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 GRT18504
General Terms and Conditions Page 4 of 15
11. NONCOMPLIANCE WITH NONDISCRIMINATION IAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. ln 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
ln 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. lf 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. SEVERABILIW
lf 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.
15. WATVER
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 GRT18504
General Terms and Conditions Page 5 of 15
Exhibit A
Washington State Office of Public Defense
Public Defense lmprovement Program
City Grant Report #1
All City grant recipients are required to submit a completed copy of this report, along with corresponding
documentotion, to the Washington Stote Office of Public Defense by June 30, 2078.
City:
Date Completed
Contact Name:
Title:
Mailing Address
City:
Phone:
EmailAddress:
Zp Code:
Section l: Public Defense Expenditures/Budget
t.t ln 20t7, the city paid inftent defense expenses as fflows:
Amount spent on attorney salaries and benefits, and contract attorney
a mo u nts including conf I ict attorneys :
b. Amount spent on investigators, experts, and other indigent defense
costs:
2Ol7Tota]:
Does the above amount include state grant funds?
1.2 For 2018, the city budgeted in@wt defense expenses as follows:
Amount budgeted for attorney salaries and benefits, and contract
attorney amounts including conflict attorneys:
b. Amount budgeted for investigators, experts, and other indigent defense
costs
2018Total: S
Does the above amount include state grant funds?
Grant Agreement GRT18504
Exhibit A - Grant Report #1 - Due June 30, 2018
s
s
s
s
s
Page 6 of 15
Section ll: Case Assignments
2.1 ln2Ot7, attorneys providing indigent defense representation had the following caseloads:
Fill in section 2.1(o) if the city hos 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 contracts with private dttorneys.
a. Cities using public defender agencies.
Number of cases assigned to public defender agency (not
including conflict cou nsel):
Number of probation violations and other miscellaneous
post sentencing hearings assigned:
Nu m ber of fu I l-time-equiva le nt pu blic defenders :
Average per-attorney caseload, if available:
Number of cases assigned to conflict counsel:
b. Cities using list appointments or contracts with private attorneys.
Number of cases assigned to public defense attorneys:
Number of probation violations and other miscellaneous post
sentencing hearings assigned:
Number of attorneys with public defense contracts or on
court's appointment list:
Average per-attorney caseload, if available:
Section lll: Grant Funds
3.1
Grant Amount AHrarded fo r:
2073i:
3.2
3.3
Amount of AnruralGrant
Fundirg Spent to llate:
Permissible Use(s) of 6rant
Funds (See Section 4 of Grant
A$e€ment specfu I Temr ord
Corditionsl:
Grant Agreement G RT18504
Exhibit A - Grant Report #1 - Due June 30, 2018 Page 7 of 15
3.4
3.5
Dwiptbnof lbwGrant
furds HareBeen Llsedb
Date:
Phm for Lftilhing Remainirg
Fun* by End ofCahndar
Year 0f Appthabb):
Descrtption of lmpact State
Funds Have Ftad on Local
Public Defense Services:
3.7
ls there any particuhr
technical assistance that
OPD can provide your city?
Grant Agreement G RT18504
Exhibit A - Grant Report #1 - Due June 30, 201-8
3.6
Page 8 of 15
Section lV: Attachments and Tables
4.1 lf the city has public defense contracts, fill out the Table of Public Defense Contracts (Toble l), and provide a
copy of each current contract in alphabetical order by attorney name. lf 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 lf 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 Il).
4.3 lf 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' 20tg quarterly Certificates of Compliance.
Grant Agreement G RT18504
Exhibit A - Grant Repoft #1 - Due June 30, 2018 Page 9 of 15
Tabh h ftffi Defui- Cqilr*ts aod Srftcontracts Cmemtf in ffirl @tl
Name of attorneyfirm
(lf 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)
Number of misdemeanor/
gross misdemeanor cases
anticipated for the
attorneyfirm in 2018
Method and rate of
payment (per
case/per hour, etc.)
Conflict cases
only?
Yes/No
Grant Agreement GRT18504
Exhibit A - Grant Report #1 - Due June 30, 2018 Page 10 of 15
T* lh tist-Amoffid Ptffis Deture macf Fffil
Name of attorneyfirm
(lf 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 GRT18504
Exhibit A - Grant Report #1 - Due June 30, 2018 Page 11 of 15
Exhibit B
Washington State Office of Public Defense
Public Defense lmprovement Program
City Grant Report #2
All city grant recipients ore required to submit a completed copy of this report to the
Washington State Office of Public Defense by December 37, 2018.
Foilure to timely submit this report could deloy disbursement of 2019 grant funds.
Grant Agreement G RT18504
Exhibit B - Grant Report #2 - Due Dec. 31, 2018
CrtF
Report DaE:
Contact - Nanre:
Email:
Phone:
Address:
2Ol8Award tunoutre
Amount Spentto
DaE:
Permissible Usdsl of
Grilt Fuds [See
Section4of Grant
Aereemem 5fgiol
TentrondCotrffionsl
Ilescriptbnof How
Grant Fuds Hile
Been Used in 2018:
Page 12 of 15
G rant Agreement G RT18504
Exhibit B - Grant Report #2 - Due Dec. 31, 2018 Page 13 of 15
Exhibit C
Washington State Office of Public Defense
Public Defense lmprovement Program
City Grant Report #3
All City grant recipients ore required to submit a completed copy of this report, along with
all public defense ottorneys' 2019 quorterly Certificotes of Compliance to the Washington
State Office of Public Defense by lune 30, 2079.
Grant Agreement GRT18504
Exhibit C - Grant Report #3 - Due June 30, 2019
ctr
Repolt D&
Contact - l{ane:
Email:
Phone:
Addres:
201!t Arrdd Amunt:
AmountSpentb
DaE:
Permbsbh Use{sl of
GrantRmds (See
Settion 4 dcrant
ngreemeril $c;da,
Ternlgandfrraffirtonsl
Description of How
Grant Fmds llaue
Besr Usedto lrete:
Page 14 of 15
gsFmnaf hpast
$sE#lHel#
oetodMe
DnfuseSenti-s
tsfueany ftieubrffiffic
tH(FDcaeenile
Iffrcitf
G rant Agreement G RT18504
Exhibit C - Grant Report #3 - Due June 30, 2019 Page 15 of 15