HomeMy WebLinkAboutWashington State Office of Public Defense re: Blake Representation, Contract No. GRT21045, $5,117 - 062821 on : WS0--fu
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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
La Jeffers 'red r
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Name,Title
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Date
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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:
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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
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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.
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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.
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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:
Mark McCauley terim County Admin. tra r Dat
RECEIVED
CONTRACT REVIEW FORM
CONTRACT WITH: Washington State Office of Public Defense TRACKING NO.:Jt4 a 3 2021
(Contractor/Consultant) u NTY
CONTRACT FOR: Ltd Grant Funds for Blake Representation J `4 ' PtkPO
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COUNTY DEPARTMENT: Board of County Commissioners
For More Information Contact: Carolyn Gallaway,Clerk of the Board
Contact Phone #: x100
RETURN TO: Julie Shannon RETURN BY: June 24, 2021
(Person in Department) (Date)
AMOUNT: $5,117 PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue $5,117 ❑ Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s) of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
(] Other
Step 1 : REVIEW BY RISK MANAGEMENT
Review by:
Date Reviewed:
❑ APPROVED FORM 0 Returned for revision(See Comments)
Co�ctronically dpptuved by Risk Management on 6/23/2021.
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: Philip C. Hunsucker
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
❑ APPROVED AS TO FORM ❑ Returned for revision(See Comments)
Comments
Elec811KtfOlY ap spy i tl5qpI I�T'MM6'AM Ik 1 IVISIONS & RESUBMITS TO RISK
State language. .iijiI AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
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WASHINGTON STATE (360)586-3164
Internet Email: opd@opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX(360)586-8165
June 18,2021
Philip Morley
County Administrator
Jefferson County
PO Box 1220
Port Townsend,WA 98368
Re: Limited Public Defense Grant Funds for Blake Representation
Dear Mr. Morley:
The Washington State Office of Public Defense(OPD) is excited to share a limited funding
opportunity. OPD has fiscal year 2021 funds that are not otherwise obligated. Jefferson County
has been selected to receive a grant in the amount of$5,117.00 for representation of individuals
seeking to obtain orders to vacate felony convictions or have felony resentencing hearings
pursuant to State v. Blake,481 P.3d 521 (2021).
This grant is consistent with OPD Policy 4.02 related to Use of Unrestricted Funds, and is
consistent with purposes authorized in subsequent fiscal years by Section 116(5)(b)ESSB 5092
as adopted by the Washington Legislature. Please note that additional funding for felony post-
conviction representation pursuant to State v. Blake will become available later in this calendar
year.
Each county's allocation has been calculated in proportion to their convictions for possession of
controlled substance(RCW 69.50.4013) since 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 expenditures.
If you wish to accept these funds,please signand return the attached Agreement to
P l�'
katrin.lohnsonopd.wa.gov no later than June 28,2021. OPD will thereafter send you a fully
executed copy, and issue your county its payment pursuant to the Statewide Vendor Number
SWV0002430-28,the number used by OPD for the Chapter 10.101 RCW payment issued earlier
this year. (Please notify us in writing us as soon as possible if a different Statewide Vendor
Number should be used.)
711 Capitol Way South •Suite 106•P.O. Box 40957.Olympia,Washington 98504-0957
Philip Morley
June 18,2021
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If you have any questions please contact KatrinJohnson(cr,opd.wa.gov or 360-688-0422.
Sincerely,
rson
Ir
cc: Presiding Superior Court Judge Keith C. Harper
Enclosures