HomeMy WebLinkAboutAgreements/Contracts - Public DefenseWASHINGTON STATE
OFFICE OF PUBLIC DEFENSE (360) 586-3164
Email: opd@opd.wa.gov Larry Jefferson, Director FAX (360).586-8165
MEMORANDUM
TO: County Officials
FROM: Larry Jefferson, Director
DATE: October 28, 2021
RE: Agreement for Blake Public Defense Funding for Calendar Years 2021 and 2022
Thank you for your application for State v. Blake public defense grants from the Washington
State Office of Public Defense (OPD). Enclosed for your review is the agreement governing
these funds. If you wish to accept these funds, please sign and return the attached
Agreement to nicole.,dodgekopd.wa.gov no later than December 1, 2021. OPD will thereafter
send you a fully executed copy, and issue your county its payment, per the preferenceyou
indicated in your grant application, using the Statewide Vendor Number you provided inyour
application. (Please notify us in writing us as soon as possible if a different Statewide Vendor
Number should be used.)
As you know, the Washington State Legislature appropriated these funds for OPD to help assist
counties with resentencing and/or vacating convictions under State v. Blake. See Engrossed
Substitute Senate Bill 5092, Chapter 334, sec. 116, Laws of 2021 On February 25, 2021.
Because these funds have a very specific purpose, the attached agreement includes
corresponding conditions. Thus, this agreement may look a little different than previous
agreements your county has had with OPD. Please read the enclosed agreement carefully.
Additionally, you may be aware that there is funding available to counties through the
Administrative Office of the Courts (AOC) for Blake work. The OPD funds that are the subject
of this agreement are separate and distinct from the AOC Blake funds. Likewise, you may also
be receiving grant agreements at this time for OPD's 10.101 RCW funds for 2022. These 10.101
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funds are also separate and distinct from the funds that are the subject of this agreement.
OPD looks forward to partnering with you in this important and exciting work. If you have any
questions, please contact Grace O'Connor at grace.oconnorg
,o-pd.wa.Rov or 360-586-3164 x
151.
Justice # Service # Equity # Excellence
711 Capitol Way South * Suite 100,% P.O. Box 40957 * Olympia, Washington 98504-0957
Agreement No. GRT22041
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Recipient
2. Recipient Representative
Grant County
Brett Hill
P.0 Box 37
Director of Public Defense
Ephrata, WA 98823
Grant County Office of Public Defense
P.O Box 37
Ephrata, WA 98823
3. Office of Public Defense (OPD)
4. OPD Representative
711 Capitol Way South, Suite 106
Grace O'Connor
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
$90,947.00
July 1, 2021 through December 31, 2022
7. Purpose
Distribution of funds for the purpose of assisting counties with public defense costs related to
resentencing and/or vacating sentences for defendants
whose convictions or sentences are affected by
the State v. Blake decision, 481 P.3d 521 (2021). See
Engrossed Substitute Senate Bill S092.. Chapter 334,
sec. 116(5), Laws of 2021.
The Office of Public Defense (OPD) and Recipient, as defined above, acknowledge and accept the terms
of this Agreement and attachments and execute this Agreement as of the date the last signatory signed.
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
---e—e
Larryj erso-11 (Nov 202111:08 PST)
Larry Jefferson, Director
Cindy Carter, BOCC Chair
Name, Title
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Nov 29 2021
Date i
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 ninety thousand nine hundred forty-seven and 00/100 Dollars
($90,947.00) to be used for the purposes described in the USE OF FUNDS below.
3. DEFINITIONS
a. "Blake Client(s)" means a person who is indigent under RCW 10.101.010 and whose conviction
and/or sentence is affected by the State v. Blake decision, 197 Wn.2d 170, 481 P.3d 521
(2021). Nothing in this definition should be read to limit a County's ability to provide
provisional counsel pursuant to RCW 10.101.020(4).
b. "Blake Cases" means post -conviction cases potentially impacted by State v. Blake to which
indigent counsel is assigned.
C. "Blake Attorney" means an attorney or attorneys assigned by Recipient to handle Blake cases
on behalf of Blake Clients.
d. "Supervised Blake Client(s)" means Blake Client(s) who are serving a sentence affected by the
Blake decision under the Washington State Department of Corrections, whether such
sentence is being served in a DOC facility or on community custody.
e. "Vacating convictions" means remedying an erroneous, unconstitutional, and void conviction.
4. USE OF FUNDS
a. Recipient shall use the funds to provide post -conviction defense representation to Blake
Clients on Blake Cases. The Washington State Legislature, in Chapter 334, sec. 116(5), Laws of
2021, expressly directed that these state funds be used to assist in resentencing and/or
vacating sentences under the State v. Blake decision.
b. Recipient shall use the funds for the following purposes for defense representation of Blake
Clients on Blake Cases:
L Defense attorney compensation;
ii. Compensation of defense attorney support staff;
iii. Defense investigation;
iv. Defense attorney and defense attorney support staff compensation for time spent
reviewing and classifying Blake Clients and Blake Cases to ensure that individuals most
immediately needing relief are prioritized for appointment of counsel;
v. Managing/supervising attorney time supervising Blake attorneys and staff;
vi. Management, attorney, and paralegal time to coordinate and deliver Blake efforts;
vii. Mitigation
viii. Travel costs related to Blake defense work;
ix. Costs incurred by defense counsel for communicating with Blake Clients or potential
Blake Clients in correctional facilities;
x. Costs associated with community outreach for Blake defense services; and
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xi. 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 for resentencing shall count as at least
one-third of a felony case for purposes of measuring defense attorney caseloads and certifying
Y g
compliance to the Washington Supreme Court's Standards for Indigent Defense in Superior
Court Criminal Rule 3.1.
d. Recipient agrees that counsel will be assigned to indigent individuals currently serving
sentences affected by the State v. Blake decision (hereinafter, "Supervised Blake Clients").
Nothing in this clause should be read to limit a County's ability to provide provisional counsel
pursuant to RCW 10.101.020(4). Recipient further agrees that i) funds will be used to
compensate defense attorney time in ii) regularly reviewing data provided by OPD to identify
Supervised Blake Clients serving sentences imposed in Recipient county. Recipient agrees its
Blake attorney(s) will make reasonable efforts to contact Supervised Blake Clients following
such review with all reasonable speed to explain the individual's options for resentencing
and/or vacation under Blake and the process in Recipient County. to request appointed
counsel. Recipient shall establish, in consultation with its Blake attorney(s), a minimum
number of Supervised Blake Clients who shall be contacted regarding resentencing and/or
vacation under this subsection each month.
e. Recognizing that convictions can curtail individual liberty by depriving people of important
interests like fobs and housing, Recipient agrees that these funds will be used for defense
costs related to vacating convictions imposed under former RCW 69.50.4013 and precursor
statutes in Recipient's county for Blake Clients not currently serving a sentence. Recipient
agrees to begin identifying Blake Clients not currently serving a sentence and eligible for
vacation by January 1, 2022. Recipient shall establish by April 1, 2022, and in consultation with
its Blake attorneys, a process by which Blake Clients may choose to i) petition for vacation
order(s) pro se or ii) petition for vacation orders with the assistance of defense counsel if
requested. Nothing in this clause prevents Blake attorney(s) from working collaboratively with
courts and prosecuting attorney offices to establish such a process. Further, nothing in this
clause prevents a Recipient's Blake attorney(s) from establishing an additional process in
coordination with courts and/or prosecuting attorney offices by which agreed vacation orders
are filed for identified Blake Clients who have not yet initiated contact with courts and/or
prosecutors and/or defense.
f. Recipient shall use the funds in calendar year 2021 and/or calendar year 2022. If Recipient is
unable to use the funds by December 31, 2022, Recipient shall notify OPD to determine what
action needs to be taken. Unused funds not expended at the end of the use period, or any
subsequent amendment to the use period, must be returned to OPD.
g. Recipient shall deposit the funds check within 14 days of receipt.
5. OVERSIGHT
a. Recipient shall provide quarterly reports in substantially the same form as the template
attached as Attachment A, containing the following information on the following schedule:
L Report contents:
1. The amount of funds spent to date;
3
2. A brief narrative description of the services provided (including how Blake
cases are identified and prioritized, process for appointing counsel, challenges
faced, and what worked well); and
3. Aggregate number of Blake cases completed in the quarter. Reported data
must include:
a. The number of clients represented on DOC community custody;
b. The number of clients represented who are incarcerated at DOC; and
c. The number of clients not currently serving PCS sentences whose PCS
convictions were vacated.
ii. Report schedule:
1. October through December 2021 (due January 31, 2022);
2. January through March 2022 (due April 30, 2022);
3. April through June 2022 (due July 31, 2022);
4. July through September 2022 (due October 31, 2022)
b. OPD reserves the right to conduct sight visits.
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
4
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.
S. 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.
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.
Attachment A
Washington State Office of Public Defense
2021-2022 State v. Blake Funding Grant
Quarterly Report
All Blake funding grant recipients are required to submit a completed copy of this report to
the Washington State Office of Public Defense according to the following schedule:
• Quarter 1: October -December 2021 due January 31, 2022
• Quarter 2: January -March 2022 due April 30, 2022
• Quarter 3: April -June 2022 due July 31, 2022
• Quarter 4: July -September 2022 due October 31,, 2022
• Quarter 5: October -December 2022 due January 31, 2023
County:
Reporting
Quarter: (Please select)
Date:
Contact Name,,
Title:
Email:
Phone:
Address:
1. How much of the total grant funds awarded has been spent to date?
2. In the space below or in an attachment, include a brief narrative description of the
services provided using the awarded funds. The narrative should include how Blake
cases are identified and prioritized, process for appointing counsel, challenges faced,
and what worked well.
I Please provide the aggregate number of Blake cases completed this quarter for:
a. Clients represented on DOC community custody:
b. Clients represented who are incarcerated at DOC:
c. Clients not currently serving sentences whose convictions were
vacated:
"Completed cases" means cases in which a resentencing or vacation order was entered for a
client.
/4D
G
RANT BOUNTY
DEPARTMENT OF PUBLIC DE NSE
MEMORANDUM
Date: November 8, 2021
To: Board of County Commissioners
From: Brett Hill, Director
Re: BLAKE FIX—PUBLIC DEFENSE GRANT FUNDS
In February of 2021, The Supreme Court of Washington found that the possession of
controlled substance statutes are unconstitutional. In April, the court denied a motion to
reconsider the opinion and the decision became final.
This situation created a significant amount of work for Public Defense agencies across
the state.
The Washington State Legislature has allocated funds, which the State Office of Public
Defense (OPD) will distribute. Attached hereto is the OPD's conditions for receiving
these funds.
• Earlier this year Grant County received $24,088.00.
® The agreement attached provides for an additional $90,947.00
GRANT COUNTY DEPARTMENT OF PUBLIC DEFENSE:
There has been an impact on Grant County Department of Public Defense (DPD).
To date we have worked on and given case credit for over 200 cases involving Blake
issues.
® So far, we have been able to absorb the additional workload within our current system
and budget.
® Section 4 of the Special Terms and Conditions page of the agreement calls for the funds
to be used for certain purposes. We have performed and continue to perform the
purposes of the funding. The agreement also calls for reporting to OPD regarding use of
the funds. I will take care of those reports.
9 1 believe any funds received will comply with the conditions.
REQUEST OF THE BOCC:
My request is that the BOCC approve and sign the attached agreement for use of funds.
.dorsal
Urant County Blake Agreement GRT2204-_,
Final Audit Report 2021-11-29
Created: 2021-11-29
By: Nicole Dodge (nicole.dodge@opd.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA5liCPc18kEKMbiFN-eNM-ZYyih9iHpiV
"Grant County Blake Agreement GRT22041" History
Document created by Nicole Dodge (nicole.dodge@opd.wa.gov)
2021-11-29 - 5:29:31 PM GMT- IP address: 198.238.20.5
Document emailed to Larry Jefferson (larry.jefferson@opd.wa.gov) for signature
2021-11-29 - 5:30:08 PM GMT
Email viewed by Larry Jefferson (larry.jefferson@opd.wa.gov)
2021-11-29 - 7:07:41 PM GMT- IP address: 174.204.76.67
41 Document e -signed by Larry Jefferson (larry.jefferson@opd.wa.gov)
Signature Date: 2021-11-29 - 7:08:17 PM GMT - Time Source: server- IP address: 174.204.76.67
10 Agreement completed.
2021-11-29 - 7:08:17 PM GMT
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