Approve grant agreement with WA State Office of Public Defense for representation of eligible individuals seeking to obtain orders to vacate felony convictions or have felony resentencing hearings pursuant to State v. Blake. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-200
APPROVE A GRANT AGREEMENT WITH THE
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
FOR REPRESENTATION OF ELIGIBLE INDIVIDUALS
SEEKING TO OBTAIN ORDERS TO VACATE
FELONY CONVICTIONS OR HAVE FELONY
RESENTENCING HEARINGS PURSUANT TO STATE
V. BLAKE, 481 P.3D 521 (2021)
WHEREAS, the Board of County Commissioners, Lewis County, Washington, has
reviewed the agreement between Lewis County and Washington State Office of
Public Defense for a limited grant funding opportunity for the period of June 1,
2021 through December 31, 2021; and
WHEREAS, the grant funding is 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); and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said agreement for Lewis County.
NOW THEREFORE BE IT RESOLVED that the aforesaid agreement with the
Washington State Office of Public Defense granting one-time only funds in the
amount of $84,396 for CY 2021 is hereby approved and the Chair of the Board is
authorized to sign the same.
DONE IN OPEN SESSION this 18th day of May, 2021.
Page 1 of 2 Res. 21-200
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: ;;�°R T�F qs�. Lindsey R. Pollock, DVM
L` dsey R. Pollock, DVM, Vice Chair
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• �d 0 .
•• ` CO"�``' Sean D. Swope
Rieva Lester �'�Sy�;<:Toa• : ' p
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-200
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WASHINGTON STATE (360) 586-3164
Internet Email: opd@opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX(360) 586-8165
May 4,2021
Lara McRea
Office Manager
Lewis County Administration
351 NW North St
Chehalis, WA 98532
Re: Limited Public Defense Grant Funds for Blake Representation
Dear Ms. McRea:
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. Lewis County has
been selected to receive a grant in the amount of$84,396.00 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.
Priority for these limited funds has been given to counties without public defense agencies, and
counties whose public defense agencies handle the far minority of local indigent felony cases.
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 sign and return the attached Agreement to
Nicole.DodgeAopd.wa.gov no later than May 21,2021. OPD will thereafter send you a fully
executed copy, and issue your county its payment pursuant to the Statewide Vendor Number
SWV0001232-36, the number used by OPD for the Chapter 10.101 RCW payment issued earlier
711 Capitol Way South •Suite 106• P.O. Box 40957. Olympia, Washington 98504-0957
Lam McRea
May 4,2021
Page 2
this year. (Please notify us in writing us as soon as possible if a different Statewide Vendor
Number should be used.)
If you have any questions please contact Katrin.Johnson@opd.wa.gov or 360-688-0422.
Sincerely,
. --d-ijtif
Larry Jefferson
Director
cc: Presiding Superior Court Judge James W.Lawler
Enclosures
Agreement No.GRT21031
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Recipient 2. Recipient Representative
Lewis County Lara McRea
351 NW North St Office Manager
Chehalis,WA 98532 Lewis County Administration
351 NW North St
Chehalis,WA 98532
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
$84,396.00 June 1,2021 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
1,2021 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
C,GI4� Sty rl Le as G }, Larry Jefferson, • cto
kJ i3c,rrc1
Name,Title
5//9% Z 5/19/2021
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 eighty-four thousand three hundred ninety-six and 00/100 Dollars
($84,396.00)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 1, 2021, Recipient shall provide to OPD written notice of the attorneys in
Lewis 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.
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.
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[ BOCC AGENDA ITEM SUMMARY
Resolution: 21-200 BOCC Meeting Date: May 18, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve a grant agreement with the Washington State Office of Public Defense for representation
of eligible individuals seeking to obtain orders to vacate felony convictions or have felony
resentencing hearings pursuant to State v. Blake, 481 P.3d 521 (2021)
Contact: Lara McRea Phone:
Department: BOCC - Board of County Commissioners
Description:
Approve a grant agreement with the Washington State Office of Public Defense 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)
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Becky Butler
Suzette Smith