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AG 12-140RETURN TO: Kathy Arndt EXT: 2402 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: Mayor' 2. ORIGINATING STAFF PERSON: Kathy Arndt EXT: 2402 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE J CONTRACT AMENDMENT (AG #): 12.- OTHER G ra nt ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: Public Defense Grant — 2014 Extension Case Tracking System 6. NAME OF CONTRACTOR: Office of Public Defense ADDRESS: 711 Capitol Way So. , Suite 106 P.O. Box 40957, OfVmpia, WA 98504 -0957 TELEPHONE 360.586.316 E -MAIL: FAX: 360.586.8165 SIGNATURE NAME: Joanne I. Moore TITLE Director 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 1/1/13 COMPLETION DATE: 12/31/14 TOTAL COMPENSATION $ 23 000.00 (they pay us) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: Cl YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: DATE SENT: COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT • SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK eASSIGNED AG# Ce'�IGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED mpf AG# • 1 DATE SENT: • Z 11/9 Internet Email: opd @opd.wa.gov September 24, 2013 Skip Priest, Mayor Federal Way City Hall 33325 8th Avenue South Federal Way, WA 98003 -6325 Dear Mayor Priest: STATE o� w x 0 WASHINGTON STATE OFFICE OF PUBLIC DEFENSE SEP 2 6 2013 f'?!I (360) 586 -3164 FAX (360) 586 -8165 The Washington State Office of Public Defense entered into a grant agreement with the City of Federal Way (Grant Agreement No. GRT13202) in the amount of $23,000 for purposes of purchasing a public defense case management system during calendar year 2013. Due to unforeseeable reasons, the purchase of a case management system has been delayed, and may not occur until calendar year 2014. The City of Federal Way has requested an extension to the Grant Agreement so that the funds may be available for this use in 2014 if a case management system is not purchased this year. Consequently, the Washington State Office of Public Defense permits the City of Federal Way a one -year extension pursuant to the terms in the enclosed Grant Agreement Amendment. This Amendment extends the time period for use of the funds to December 31, 2014. Non -use of funds by that date for the purpose articulated in the Grant Agreement will result in the return of the funds to the WA State Office of Public Defense. Thank you for your continued dedication to improving public defense services. Sincerely, Joanne Moore, Director 711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504 -0957 Amendment 1 to Grant Agreement No. GRT13202 WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Federal Way Skip Priest 33325 8th Ave S Mayor Federal Way, WA 98003 -6325 City of Federal Way 33325 8eh Ave S Federal Way, WA 98003 -6325 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Joanne 1. Moore PO Box 40957 Director - 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 Extension $23,000 January 1, 2013 through December 31, 2014 7. Purpose The purpose of this amendment is to extend the grant period for one year and require a written report to OPD no later than July 31, 2014. The Office of Public Defense (OPD) and Grantee, as defined above, hereby agree to extend the grant period through December 31, 2014. Grantee agrees the funds will be used inconformity with the purposes identified in the Grant Agreement. In order to improve the quality of public defense services in Federal Way, Grantee will use these funds to create a case tracking system and entry of attorney information for the public defense attorneys., Grant funds cannot be used for technology costs attributable to city or court usage. All other terms and conditions remain in full force and effect. Grantee further agrees to submit a written 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 funds have been used, a copy of each public defense attorney's quarterly Certificate of Compliance submitted during 2013, and a description of efforts to implement the Supreme Court Standards for Indigent Defense. FOR THE GRANTEE FOR OPD Name, Title( Joanne 1. Moore, Director Date Date ' RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: � �j U���� EXT: O�"W� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): � CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ' O SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT ❑ SECURIT'Y DOCUMENT (E.G. soxn xELn�n DocuMErrrs> 0 ORDINANCE ❑ RESOLUTION O CONTRACTAMENDMENT{AG#): ❑ INTERLOCAL c�-OTHER �. ,n. �n.-E- 5. PROJECT NAME: � 6. NAME OF CONTRACTOR: ADDRESS: "�l l � E-MAIL: SIGNATURE NAME: � �1rG n T' �^' re �b�'�� 7. EXHIBITS ANDATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTd-IORITY TO SIGN D REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �`T l)� COMPLETION DATE: /_� �3) //� 9. TOTAL COMPENSATION i1P� aQ1�� � S ��� CX.� " (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LA$Q8 GE - TTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � 1�S ❑ No �F �S, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES � NO IF YES, $ PAID BY: O CONTRACTOR O CITY 0 PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (tF a,rPLIC.e,BLE) �,LAW i l. COUNCIL APPROVAL (IF aPPLIC.�sr.E) 1NITIAL / DATE REVIEWED ��L��m COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: IU/I��oc. 7' 12. CONTRACT SIGNATURE ROUTING ❑ SENT TQ VENDORiCONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNA'F[JRE AUTHORITY, INSURA,NCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT �SIGNATORY MAYOx R DIRECTOR� �CITY CLERK ASSIGNED AG# �SIGNED COPY RETURNED GOMMENTS: INITIAL / DATE SIGNED ti �� AG# '�— �L� DATE SENT: I j'�i ' I Z 11/9 Grant Agreement No. GRT13202 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. GraMee Representative City of Federal Way Skip Priest 33325 8"' Ave 5 Mayor Federal way, WA 98003-6325 City of Federal Way 33325 8`� Ave S Federal way, WA 98003-6325 3. Offlce of Publk Defenu (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 loanne I. Moore PO Box40957 Director Olympia, WA 98504-0957 OfF'�ce of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount 6. Gnnt Period $23,000 January 1, 2013 through December 31, 2013 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. S e Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Gr�nt and attachmenu and have executed this Grant on the date below to start lanuary 1, 2013 and end December 31, 2013. 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. FOR THE GRANTEE FOR OPD _ „ Name, Tit ' J an 1. Moore, Director �a� ��--� � /�--3�-1v Date Date 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 ofthis Grant. a. The Representative for OPD and their contact inforrnation 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-Three Thousand and 00/1400 Dollars ($23,000) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. 3. PRUHIBITED USE OF GRANT FUNflS [as adopted in OPD Policv CauriLvlGitv Use of State Pub�ic Defense Fundinal 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. Create a case tracking system and entry of attorney information. b. Grantee a�rees 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 2013. If Grantee is unable to use the funds in 20i3, 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, 2013. The report shall include, but not necessarily be limited to, the following inforrnation: to date overview, how grant funds have been used, a copy of each public defense attorney's quarterly Certificate of Compliance submitted during 2013, and a description of efforts to implement the Supreme Court Standards for lndigent Defense. • 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 federat 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 6ENERAL 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 subjed 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. �MERCiA�IS Wt'tH DISABILITI�S AGt (AbA1 OF 199b, PUBUC tAW 101-336. also referred to as � "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 senrices, 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 (itigation or other attion 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 emptoyees 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. 11. NONCOMPl1ANCE WITH NONDISCRIMINATION LAWS During the performance ofthis 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 6rant or any provision of any document incorporated by reference shal! 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 fundamentaf purpose of this Grant and to this end the provisions ofthis 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. WASHINGTON STATE OFFICE OF PUBLIC DEFENSE COUNTYICITY USE OF STATE PUBLIC DEFENSE FUNDING (as amended June 2008) State funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be used to supplant local funds that were being spent on public defense services prior to the initial disbursement of state funds. State funds must be spent to improve the quality of tegal representation directly received by indigent defendants. The funds cannot be spent on purely administrative functions. Foilowing are guidelines regarding permitted use of state public defense funds. l. State public defense funding under Chapter 10.101 RCW may be used in the following ways: a) Additional investigator services b) Additional expert services c) Creation of a public defense office d) New quality monitoring by an attorney coordinator who can act as a legal supervisor for the attorneys providing public defense (but non-attorney administrative employees of the county or city are not an approved use of funds) e} Computers or access to electronic legal research systems for public defenders fl Increase in public defense attorney compensation g) Provision of public defense services at first appearance calendars (or increase of first appearance services if public defenders are already provided) h) Addition of more attorneys to lower public defense caseloads i) Addition of social worker services to assist public defense attorneys j) Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options, such as drug evaluations, SSOSA, DOSA 1) Provision of intemet connectivity (e.g. wireless) for public defense attorneys m) Provision of interpreter services for attorney-client interviews and communication (but in-court interpreter appointments required under Chapter 2.43 RCW are not an approved use of funds) 2. State public defense funding under Chapter 10.101 RCW may not be used in the following ways: a) Supplanting county or city funds used for public defense services prior to the initial disbursement of state funds to the county or city b) Billing or other administrative costs incurred by the county or city in administering the public defense program c) Indigency screening d) County, city or court technology systerns or administrative equipment e) County or city attorney time, including advice on public defense contracting, except as provided in Section 1(d) above.