HomeMy WebLinkAboutBlake Reimbursement Amend 1 Administrative Office of the Courts JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: August 15,2022
SUBJECT: Agreement Amendment No. 1: Interagency Reimbursement Agreement
(IAA22172) Between the Washington State Administrative Office of the
Courts and Jefferson County
STATEMENT OF ISSUE: In September 2021,the Board of County Commissioners approved an
Interagency Reimbursement Agreement with the Washington State Administrative Office of the Courts
for reimbursement of extraordinary costs of resentencing and vacating sentences under Blake and for the
cost of refunding legal financial obligations(LFOs)under the Blake decision. The initial agreement was
based on an allocation from the State Legislature in 2021. In 2022,the State Legislature modified the
allocation. The current amendment changes the dollar amount for LFO reimbursement and the period of
performance to make the agreement more closely match the 2022 allocation by the State Legislature.
ANALYSIS: The original agreement provided $150,283 for LFO reimbursement. Amendment No. 1
increases that amount to $298,967. The original agreement had a period of performance ending on June
30, 2022.Amendment No. 1 extends the period of performance to June 30, 2023.
FISCAL IMPACT: This request increases Blake related revenues to offset LFO reimbursements so it is
budget neutral. A supplemental appropriation will likely be required.
RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment
No. 1 to the Interagency Reimbursement Agreement with the Washington State Administrative Office of
the Courts.
REVI ED BY:
AVVA-17--
Mark McCa le , County Administra Date
DocuSign Envelope ID:F0C58173-8DAA-4E49-A212-4C3BA5OBFDFE
INTERAGENCY REIMBURSEMENT AGREEMENT AMENDMENT 1
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
Jefferson County
THIS REIMBURSEMENT Amendment is entered into by and between the
Administrative Office of the Courts (AOC) and Jefferson County (County), for the
purposeof reimbursing for extraordinary costs that arise from the County's role in
operating the state's criminal justice system including resentencing, vacating prior
convictions for simple drug possession, making refunds and certifying refunds of legal
financial obligations (LFOs) and collection costs under the Blake decision.
PURPOSE
The purpose of this Amendment is to bring the existing Interagency Reimbursement
Agreement in line with the amended budget provisos in ESSB 5693; to continue to
make reimbursements of costs and LFO payments; and, when appropriate, to
change the amount available for reimbursements, all with the objective of assisting
Counties that have reimbursed or will reimburse LFOs to defendants whose
convictions or sentences in Superior Court and District Court are affected by the
State v. Blake decision. The amount available for reimbursement is set forth below.
Additionally, Subsection b) of section 4. TERMS OF REIMBURSEMENT is amended
to read as follows:
b) By May 1, 2023, the County agrees to report any allocated funds under either
Sections 1A. or 1 B. that it will be unable to spend during the term of the contract, or
any additional funds it anticipates needing during the term of the contract should
additional funds become available. AOC reserves the right to reallocate to other
counties funds that are reported to be unable to be spent.
Finally, the Project Manager for AOC is updated.
THE AMENDMENTS
1. The Reimbursement and Period of Performance are amended to read as follows:
REIMBURSEMENT
A. Extraordinary Expenses Reimbursement. AOC shall reimburse the County
AOC shall reimburse the County up to a maximum of$160,000 for
extraordinary judicial, clerk, and prosecution-related costs of that arise from the
County's role in operating the state's criminal justice system for the
resentencing, vacating prior convictions for simple drug possession and
certifying refund of legal financial obligations and collections costs of
defendants whose convictions or sentences are affected by the State v. Blake
lAA22172 Page 1 of 3
DocuSign Envelope ID:F0C58173-8DAA-4E49-A212-4C3BA5OBFDFE
decision incurred during the period of February 25, 2021 to June 30, 2023. No
reimbursement will be made under this Agreement for resentencing or vacation
costs incurred after June 30, 2023, and any reimbursement requests in excess
of this amount stated in this Section 1A will be denied unless AOC has
reallocated amounts as provided in Section 4(b) of this Agreement. If additional
funding is appropriated by the Legislature for these purposes, the amount of
reimbursement under this Agreement may be increased by agreement of the
parties.
B. LFO Reimbursement. AOC will reimburse the County up to a maximum of
$298,967 for payments made by the County during the period February 25,
2021 to June 30, 2023 pursuant to court order which required reimbursement
by the State of Washington of legal and financial obligations previously paid
by the defendant. No reimbursement will be made under this Agreement for
resentencing or vacation costs incurred after June 30, 2023, and any
reimbursement requests in excess of this amount stated in this Section 2B will
be denied unless the amount is revised after reallocation by AOC as provided
in Section 4(b). If additional funding is appropriated by the Legislature for
these purposes, the amount of reimbursement under this Agreement may be
increased by agreement of the parties. Nothing in this Agreement requires
the County to make payments pursuant to a court order when the funds
available for reimbursement are less than the amount of the payment.
C. General. AOC shall provide reimbursement to the County for approved and
completed reimbursements by warrant or account transfer within 30 days of
receipt of a properly completed A-19 invoice and the completed data report as
required below.
D. The maximum combined reimbursement under this contract is the sum of the
amounts specified in Subsection 1A and 1 B, and subject to modification as
set forth herein.
PERIOD OF PERFORMANCE
Performance under this Amendment begins July 1, 2021, regardless of the date of
execution, and ends on June 30, 2023. The period of performance may be
amended by mutual agreement of the parties if the Legislature provides additional
funding or time for these purposes. The parties recognize and anticipate that in
2023 a centralized LFO Refund Bureau will be established to make direct
reimbursements of LFO to persons entitled to refunds.
AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people for
all communications and billings regarding the performance of this Agreement:
IAA22172 Page 2 of 3
DocuSign Envelope ID:F0058173-8DAA-4E49-A212-4C3BA5OBFDFE
AOC Program Manager Court Program Manager
Sharon Swanson Name
Blake Implementation Manager Title
PO Box 41170 Address 1
Olympia, WA 98504-1170 Address 2
360-704-4062 Phone
Sharon.Swanson@courts.wa.gov Email
ENTIRE AGREEMENT
All other provisions of the existing Interagency Reimbursement Agreement between
the County and AOC that is not modified by this amendment remains in effect. This
Amendment together with the Reimbursement Agreement constitutes the entire
agreement of the parties.
AGREED:
Administrative Office of the Courts Jefferson County
Signature Date Signature Date
Christopher Stanley Heidi Eisenhour
Name Name
Chair, Board of County Commissioners
Title Title
Approved as to form only:
August 5, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
IAA22172 Page 3 of 3
INTERAGENCY REIMBURSEMENT AGREEMENT IAA22172
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
JEFFERSON COUNTY
THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into by and between
the Administrative Office of the Courts (AOC) and Jefferson County, for the purpose of
reimbursing Jefferson County (County) for extraordinary costs of resentencing and
vacating sentences under Blake and for the cost of refunding legal financial obligations
(LFOs) under the Blake decision.
1. PURPOSE
The purpose of this Agreement is to provide reimbursements to assist Counties with
extraordinary judicial, prosecutorial, or defense-related costs of resentencing and
vacating the sentences of defendants whose convictions or sentences in Superior
Court and District Court are affected by the State v. Blake decision and to provide
reimbursements to assist Counties who have reimbursed or will reimburse LFOs to
defendants whose convictions or sentences in Superior Court and District Court are
affected by the State v. Blake decision.
2. REIMBURSEMENT
A. Extraordinary Expenses Reimbursement. AOC shall reimburse the County
up to a maximum of$160,000 for extraordinary judicial, prosecutorial, or
defense-related costs of resentencing and vacating the sentences of
defendants whose convictions or sentences are affected by the State v. Blake
decision incurred during the period of February 25, 2021 to June 30, 2022.
No reimbursement will be made under this Agreement for resentencing or
vacation costs incurred after June 30, 2022, and any reimbursement requests
in excess of this amount will be denied. If additional funding is appropriated
by the Legislature for these purposes, the amount of reimbursement under
this Agreement may be increased by agreement of the parties.
B. LFO Reimbursement. AOC will reimburse the County up to a maximum of
$150,283 for payments made by the County during the period February 25,
2021 to June 30, 2022 pursuant to court order which required reimbursement
by the State of Washington of legal and financial obligations. No
reimbursement will be made under this Agreement for resentencing or
vacation costs incurred after June 30, 2022, and any reimbursement requests
in excess of this amount stated in this Section 2 (b) will be denied. If
additional funding is appropriated by the Legislature for these purposes, the
amount of reimbursement under this Agreement may be increased by
IAA22172 Page 1 of 4
agreement of the parties. Nothing in this Agreement requires the County to
make payments pursuant to a court order when the funds available for
reimbursement are less than the amount of the payment.
C. General. AOC shall provide reimbursement to the County for approved and
completed reimbursements by warrant or account transfer within 30 days of
receipt of a properly completed A-19 invoice and the completed data report as
required below.
3. PERIOD OF PERFORMANCE
Performance under this Agreement begins July 1, 2021, regardless of the date of
execution, and ends on June 30, 2022. The period of performance may be
amended by mutual agreement of the parties if the Legislature provides additional
funding or time for these purposes.
4. TERMS OF REIMBURSEMENT
a) The County shall request reimbursement as follows:
1. The County will submit its A-19 invoices monthly to
countvreimbursements(tcourts.wa a w. A-19 invoices submitted under this
agreement must include:
a. Payment documents from the County indicating the amounts
expended, the recipients, and the date of expenditure.
b. Sufficient information to allow AOC to determine that the costs
reimbursed are extraordinary judicial, prosecutorial, or defense-
related costs of resentencing and vacating the sentences of
defendants whose convictions or sentences are affected by the State
v. Blake.
c. Proper coding for expenses under both 2.A. and B. For Jefferson
County, expenses under 2.A. must be coded 40116, and
reimbursement under 2.B. must be coded 40100.
2. The County shall provide a monthly report to AOC that must contain at a
minimum:
a. A list of any case numbers associated with the services provided;
b. A breakdown of expenses by judicial, prosecutorial, and defense-
related costs;
c. The amount of LFOs reimbursed, with the case number associated
with that amount.
d. Any positions supported by these funds, broken down by judicial,
prosecutorial, and defense-related positions; and
e. Data, including case numbers and aggregate data on the number
and type of cases:
IAA22172 Page 2 of 4
i. Vacated under Blake;
ii. Resentenced under Blake; and
iii. Being worked on under Blake.
b) By May 1, 2022, the County agrees to report any allocated funds under either 2.
A. or B. that it will be unable to spend during the term of the contract, or any
additional funds it anticipates needing during the term of the contract should
additional funds become available. AOC reserves the right to reallocate funds
that are reported to be unable to be spent.
5. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the parties. Such amendments
are not binding unless they are in writing and signed by personnel authorized to
bind each of the parties.
6. GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the
laws of the state of Washington and any applicable federal laws. The provisions of
this Agreement must be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its
terms and any applicable statute or rule, the inconsistency will be resolved by giving
precedence in the following order:
a. Applicable state and federal statutes and rules;
b. This Agreement; and
c. Any other provisions of the agreement, including materials incorporated by
reference.
7. WAIVER
A failure by either party to exercise its rights under this Agreement does not
preclude that party from subsequent exercise of such rights and is not a waiver of
any other rights under this Agreement unless stated to be such in a writing signed
by an authorized representative of the party and attached to the original Agreement.
8. SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated
by reference is held invalid, such invalidity does not affect the other provisions of
this Agreement which can be given effect without the invalid provision and to this
end the provisions of this Agreement are declared to be severable.
IAA22172 Page 3 of 4
9. AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people
for all communications and billings regarding the performance of this Agreement:
AOC Program Manager County Program Manager
Christopher Stanley Kate Dean
Chief Financial and Management Officer Commissioner/Chair
PO Box 41170 PO Box 1220
Olympia, WA 98504-1170 Port Townsend, WA 98368
christopher.stanley@courts.wa.gov kdean@co.jefferson.wa.us
(360) 890-2549 360-385-9100
10. ENTIRE AGREEMENT
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 are considered to exist or to bind any of the parties to this agreement
unless otherwise stated in this Agreement.
AGREED:
Administrative Office of the Courts Jefferson County
C/7/2_1
ignature ate Signature Date
Christopher Stanley Kale b'`I C1a'r- Jeff e,.& , ca,yftz7
Name Name
•
Chief Financial and Management Officer C4c'i So cc
Title Title
Approved as to Form Only:
September 8, 2021
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
IAA22172 Page 4 of 4