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HomeMy WebLinkAboutAgreements/Contracts - Public Defense (002)GRANT COUNTY J U I Jj� DEPARTMENT OF PUBLIC DEFENSE MEMORANDUM Date: June 21, 2021 To: Board of County Commissioners From: Brett Hill, Director Re: BLAKE FIX—PUBLIC DEFENSE GRANT FUNDS BACKGROUND: t ny: �-� ©eta: • 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. • The amount allocated to Grant County is $24,088.00. GRANT COUNTY DEPARTMENT OF PUBLIC DEFENSE: • There has been an impact on Grant County Department of Public Defense (DPD). • We have already been appointed for at least 50 cases and expect many more. In addition, we have consulted with many other former clients and folks who have not been appointed. • 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. • I 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. K21-088 Agreement No. GRT21044 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Recipient Grant County PO Box 37 Ephrata, WA 98823 3. Office of Public Defense (OPD) 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Distribution Amount $24,088.00 2. Recipient Representative Brett Hill Director Grant County Public Defense PO Box 37 Ephrata, WA 98823 4. OPD Representative Katrin Johnson Managing Attorney Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 6. Use Period 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. RECIPIENT ENT Name, Title Cindy Carter, BOCC Chair Date FOR OPD --- ------- La pry er- n e q 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 twenty-four thousand eighty-eight and 00/100 Dollars ($24,088.00) 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: L 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 Grant 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 L 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 ac'cord'ance 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.