HomeMy WebLinkAbout000673 Original Contract City of Port Angeles
Record #000673
Grant Agreement No. GRT14200
FACT:SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
.1. Grantee....,.,-......................._......._...._._-.__.........._...._...........,......,,.,.,..,,,.,,.,....... ..... ......_ .......................
., Grantee Representative ......
City of Port Angeles Holly McKeen
321 East 5th Legal Administrative Assistant
PO Box 1150 City of Port Angeles
Port Angeles,WA 98362 PO Box 1150
Port Angeles,WA 95362
._
Office of Public Defense ......._.......,...»........... _.._,.......—._..............._................,.,.�..,.....,.. .....
..._.........,.......-...
e(OPD) 4. OPD Representative
711 Capitol Way South,Suite 106 Joanne I, Moore
PO Box 40957 Director
Olympia, WA 98504-D957 Office of Public Defense
711.Capitol Way South,Suite 105
PO Box 40957
Olympia, WA 98504-0957
m_. _.-_...-.._.-_..-.._-.... ..._.._._. ......__.................e..._.............._.............-....--....,.._..n.._...._.......,..............,.
A ..,,...,..,,..,. _...................„„....H...
5. Grant mount 6, Grant Period
$15,000 January 1, 2024 through December 31,2014
.w....----...._.—,._._._-__.-_-----.._.._.-..._-....._.__. __...__..__.e........ ..__......_...............,,.....,..........................,._..,.,....,,..,......,.............-__...,,,........................... ,...,
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 municipalitles, (See Chapter 10,101 RCW,)
The Office of Public Defense (OPD)and Grantee,as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start January 1, 2014 and
end December 31, 2014. The rights and obligations of both parties to this Grant are governed by this
Grant and the fallowing other documents Incorporated by reference: Special Terms and Conditions of
the City Grant and General Terms and Conditions of City Grant,
FOIL THE GRANTEE FOR 11,OPD
j:..
Name,Title rie I, Moore, Director
Daae
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT
1., GRANT IyiANAGEMENT
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 Gra ntee and their contact information are identified on the Face
Sheet of this Grant.
2, GRANT AWARD AMOUNT
The Grantee Is awarded Fifteen Thousand and 00/100 Dollars($15,000)to be used for the purpose(s)
described In the USE OF GRANT FUNDS below.
PROHIBITED USE OF GRANT FUNDS_[as adopted [n qPq Polic County/City 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. Grants funds cannot be used for indigency screening costs.
d. Grant funds cannot be used for city or court tedhn.ology systems or administrative equipment.
e, 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 purposes:
1. Increasing public defense attorney compensation.
[i. Providing public defense services at preliminary appearance calendars.
b. Grantee agrees to obtain OPO's written permission before funds are used for any purpose
other than those listed In Section 4a above.
c, Grantee agrees to use the funds in calendar year 2014, If Grantee is unable to use the funds in
2014, 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. REPORT
Grantee agrees to submit a written mid-year report to OPD no later than July 31, 2014. The report
shall include, but not necessarily be limited to,the following information: to date overview, how grant
fund's have been used, a copy of each public defense attorney's quarterly Certificate of Compliance
submitted during 2014,and a description of efforts to implement the Supreme Court Standards for
Indigent Defense,
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant,the inconslstency shall be resolved by giving precedence
in the following order;
• Applicable federal and state of Washington statutes, regulations, and court rules
• Special Perms and Conditions Of the City Grant
• General Terms and Conditions of the City Grant
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT
1, ALL WRITINGS CO� NTAINED 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
3, 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,
4. AiWII(mwMrtFl�Illi �, (eJ€„Iti9"r�r1i� C.��. C� I' [1I I. !11TO �,S ��Iso refe�,icjMlr ,iylte
"ADA" 9 CFR Part S5,
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,
5, A5S!GNMENT
Neither this Ora nt, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of OPD.
6, ATTORNEY'S FEE'S
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,
7, 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.
B. C'rHICS/C0NF_LIC_T5 OF INTEREST
in performing under this Grant,the Grantee shall assure compliance with the Ethics in Pubilc Service,
Chapter 42,52 RCW and any other applicable court rule or state or federal law related to ethics or
conflicts of Interest,
9, GOVERNING LAIN 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,
10, INDEMNIFICATION
M
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 perforin the Grant.
11. LAWS
The Grantee shall comply with all appifcable laws,ordinances,codes, regulations,court rules, policies
of local and state and federal governments, as now or hereafter amended,
12, 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,
13. RECAPTURE
In tF7e 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.
3,4. RECORDS MAINTENANCE
Tfae Grantee shall maintain all books, records, documents,data and other evidence relatingto 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 Rigatlon, claims,or audit findings Involving the records have been
finally resolved.
15. RICHT OF INSPECTION
Al: 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 0131),the Office of the State Auditor,
and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quafity assurance under this Grant, The Grantee shall provide access to Its facilities for this
purpose.
16. SEVERABILITY
ff 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.
17. WAIVIER
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 tNs Grant unless
stated to be such in writing.
" .. 1 j. IIES
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■ ,`� W A S H I N G T O N, U, S. A.
LEGAL
DEPARTMENT DATE: October 15, 2013
William E, Bloor TO: Janessa Hurd Cit Cleric
City Attorney �'
[4531]
FROM: Holly McKeen, Legal Administrative Assistant
Heidi L. Greenwood
Assistant City Attorney RE: 2014 Indigent Defense Grant Afreement
[4562]
Christopher C. Cowgill
Assistant City Attorney Attached for your records please find a copy of Grant Agreement No. GRT14200
[4532] regarding the City's indigent defense grant for 2014.
Jeanie Del?rang
Legal Administrative Thankyou for your assistance?
Assistant
[4536] Sincerely,
Randi Mahltun �Y
Legal Records
Specialist
[45761 Holly McKeen
Legal Administrative Assistant
Holly McKeen
Legal Administrative Attachment
Assistant
[4530]