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Home My WebLink About000839 Original Contract City of Port Angeles Record # 000839 CITY • ORT NGELES WASH I N G T O N, U. S. A. LEGAL DEPARTMENT TO: Jennifer Veneklasen, City Clerk William E. door FROM: Holly McKeen, Legal Administrative Assistant City Attorney [4531] DATE: December 1, 2014 Heidi L. Greenwood Assistant City Attorney RE: Grant Agreement - Indigent Defense Grant [4562] Christopher C. Cowgill Assistant City Attorney Attached for your records is a copy of the Grant Agreement with the Washington [4532] State Office of Public Defense for public defense services in 2015. Jeanie DeFrang Legal Administrative Thank you for your assistance in this matter. Assistant [4536] Sincerely, Randi Mahlum Legal Assistant/Records 4J—Lc�n Specialist 4 [4576] Holly McKeen Legal Administrative Assistant Holly McKeen Legal Administrative Attachment Assistant [4530] Grant Agreement No. FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC-DEFENSE 1. Grantee 2. Grantee Representative City of Port Angeles Holly McKeen 321 E 5th Legal Administrative Assistant PO Box 1150 PO Box 1150 Port Angeles,WA 98362 Port Angeles,WA 98362 3. Office of Public Defense(OPD) 4. OPD Representative 711 Capitol Way South,Suite 106 Joanne I.Moore PO Box 40957 Director Olympia,WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia,WA 985040957 5. Grant Amount 6. Grant Period $13,500 January 1,2015 through December 31,2015 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 and attachments and have executed this Grant on the date below to start January 1,2015 and end December 31,2015. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant. f FOR THE GRANTEE FOR OPD Name,Title Jo r ne I.Moore, Director Date Date s SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT 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 Thirteen Thousand Five Hundred and 00/100 Dollars($13,500)to be used for the purpose(s)described in the USE OF GRANT FUNDS below. 3. PROHIBITED USE OF GRANT FUNDS(as adopted in OPD Policy 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 technology 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: I. Increasing public defense attorney compensation. ii. Providing public defense services at preliminary appearance calendars. 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 funds in calendar year 2015. If Grantee is unable to use the funds in 2015,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 31,2015. The report shall include, but not necessarily be limited to,the following information:to date overview,how grant funds have been used,a copy of each public defense attorney's quarterly Certificate of Compliance submitted during 2015,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 inconsistency shall be resolved by giving precedence fi 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 t GENERAL TERMS AND CONDITIONS OF THE CITY GRANT 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(ADA)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 MILrier this Grant, nor any claim arising under this Grant,shall be transferred Grantee without prior written consent of OPD. S. 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 �i or incident to the performance or failure to perform the Grant.• i, 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. 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS i 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, i 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 f 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 z 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 dr ` etault or breach shall not be deemed to be a waiver of any subsequent ueraum v, breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. r f r: l