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HomeMy WebLinkAbout062821_ca02 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Julie Shannon, Executive Secretary II DATE: June 28, 2021 SUBJECT: AGREEMENT NO. GRT21045 re: Limited Public Defense Grant Funds for Blake Representation; In the Amount of$5,117; Jefferson County Superior Court; Washington State Office of Public Defense STATEMENT OF ISSUE: An offer to share limited funding was given to Jefferson County by the Washington State Office of Public Defense for Blake Representation. The OPD has fiscal year 2021 funds that are not otherwise obligated and have offered the grant amount of$5,117 for representation of individuals seeking to obtain orders to vacate felony convictions or have felony resentencing hearings pursuant to State vs. Blake, 481 P.3D 521 (2021). ANALYSIS: Jefferson County allocation has been calculated in proportion to their convictions for possession for controlled substance (RCW 69.50.4013) sine 1999, based on data provided by the Washington State Caseload Forecast Council. This grant is one time only, does not create an entitlement, and does not obligate OPD to future expectations. FISCAL IMPACT: The acceptance of this available Limited Public Defense Grant Funds for Blake Representation in the Amount of$5,117 will provide reimbursement for these obligations. RECOMMENDATION: Confirmation has been received that Jefferson County Prosecuting Attorney, James Kennedy, Jefferson County Clerk, Ruth Gordon&Jefferson County Superior Court Administrator are in support of this Limited Public Defense Grant Funds for Blake Representation, in the Amount of$5,117; Jefferson County Superior Court; Washington State Office of Public Defense. REVIEWED BY: A/1, Mark McCauley terim County Admin.&r Dat Agreement No. GRT21045 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Recipient 2. Recipient Representative Jefferson County County Administrator PO Box 1220 Jefferson County Port Townsend,WA 98368 PO Box 1220 Port Townsend,WA 98368 3. Office of Public Defense(OPD) 4. OPD Representative 711 Capitol Way South,Suite 106 Katrin Johnson PO Box 40957 Managing Attorney Olympia,WA 98504-0957 Office of Public Defense 711 Capitol Way South,Suite 106 PO Box 40957 Olympia,WA 98504-0957 5. Distribution Amount 6. Use Period $5,117.00 June 28,2021 through December 31,2021 7. Purpose Distribution of funds for the purpose of providing indigent defense representation for eligible persons seeking to vacate felony convictions and/or to be re-sentenced pursuant to State v. Blake,481 P.3d 521 (2021). The Office of Public Defense (OPD)and Recipient,as defined above,acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start June 28, 2021 and end December 31, 2021. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Special Terms and Conditions,and General Terms and Conditions. FOR RECIPIENT FOR OPD Larry Jefferson, Director Name,Title Date Date 1 SPECIAL TERMS AND CONDITIONS 1. AGREEMENT 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 Agreement. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Agreement. b. The Representative for Recipient and their contact information are identified on the Face Sheet of this Agreement. 2. DISTRIBUTION AMOUNT The Distribution Amount is five thousand one hundred seventeen and 00/100 Dollars ($5,117.00)to be used for the purpose(s)described in the USE OF FUNDS below. 3. DEFINITIONS a. "Blake Clients"means eligible indigent persons seeking to vacate convictions and/or to be re- sentenced pursuant to State v. Blake, 481, P.3d 521(2021). b. "Blake Cases"means post-conviction cases potentially impacted by State v. Blake to which indigent counsel is assigned. 4. USE OF FUNDS a. Recipient shall use the funds to provide felony post-conviction defense representation to eligible Blake Clients on Blake Cases. b. Recipient shall use the funds for the following purpose(s)for defense representation of Blake Clients on Blake Cases: i. Defense attorney compensation; ii. Compensation of defense attorney support staff; iii. Defense investigation; iv. Costs incurred by defense counsel for communicating with Blake Clients or potential Blake Clients in correctional facilities;and v. Other related expenditures not listed in this section,but approved and authorized in writing by OPD staff. c. Recipient agrees that representation of Blake Clients on Blake Cases shall count as at least one-half of a felony case for purposes of measuring defense attorney caseloads and certifying compliance to the Washington Supreme Court's Standards for Indigent Defense in Superior Court Criminal Rule 3.1. d. To the extent possible,assignment of counsel to Blake Clients shall be prioritized for individuals currently serving sentences under the Washington State Department of Corrections. e. Recipient shall use the funds in calendar year 2021. If Recipient is unable to use the funds in 2021, Recipient shall notify OPD to determine what action needs to be taken. f. Recipient shall deposit the funds check within 14 days of receipt. 5. OVERSIGHT a. No later than July 15,2021, Recipient shall provide to OPD written notice of the attorneys in Jefferson County who are designated to provide representation to Blake Clients. b. No later than August 1, 2021, Recipient shall post information and instructions on their county website for members of the public seeking relief under State v. Blake, and Recipient shall provide that web address to OPD. c. By January 31, 2022, Recipient shall provide a written statement to OPD containing: 2 i. A brief written narrative describing the county's efforts to provide representation in Blake Cases;and ii. The number of individuals receiving services that were funded by this Agreement. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement,the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes,regulations,and court rules b. Special Terms and Conditions c. General Terms and Conditions 3 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. 4 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. 5