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Home My WebLink AboutBlake Reimbursement Costs - AOC JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Amanda Hamilton, Clerk DATE: June S',2023 RE: Interagency Reimbursement Agreement IAA24017 Between Washington Administrative Office of the Courts and Jefferson County STATEMENT OF ISSUE: Starting July 1, 2023,the duty of LFO reimbursements will move to the AOC. Our local responsibility will shift to certifying the amounts owed so the AOC can pay the refund directly from the state without passing the money through the counties. This new contract arises from the Legislature's new budget proviso to provide continuing money for Blake administrative work in the 2024 fiscal year. ANALYSIS: This agreement allows our jurisdiction to continue requesting reimbursement for the extraordinary expenses incurred when it vacates criminal convictions that fall under the State v. Blake decision. FISCAL IMPACT: The amount allocated is intended to reimburse the Superior and District Courts for their Blake-related work, so it is budget neutral. It is a single lump sum allocation from which the courts may draw. A supplemental appropriation may be required. RECOMMENDATION: The Board of County Commissioners approve the attached Interagency Reimbursement Agreement with the Washington State Administrative Office of the Courts. REVIEWED BY: Aw z ark McCaul ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Administrative Office of the Courts Contract No: IAA24017 Contract For: Reimbursement for Blake costs Term: July 1. 2023-June 30, 2024 COUNTY DEPARTMENT: Clerk Contact Person: Amanda Hamilton Contact Phone: 360-385-9128 Contact email: amanda.hamilton@co.jefferson.wa.us AMOUNT: 135,028.00 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:lil V2-YlI 2-d 23 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: a � � § a a D a-3 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/25/2023. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/25/2023. State language -- cannot change. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 DocuSign Envelope ID:00084FC6-05C5-4844-991C-FF750044DE34 INTERAGENCY REIMBURSEMENT AGREEMENT IAA24017 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 ("Jurisdiction") to reimburse Jefferson County for the extraordinary costs of resentencing and vacating sentences as required by State v. Blake ("Blake"). I. PURPOSE The purpose of this Agreement is to reimburse Jurisdiction for the extraordinary judicial, prosecutorial, and/or defense-related costs of resentencing and vacating the sentences of individuals whose convictions or sentences are affected by the Blake decision. For municipalities, this will include language from Engrossed Substitute Senate Bill 5187, Section 114(13) passed by the 2023 Legislature, which includes simple drug possession, to include cannabis and possession of paraphernalia. II. REIMBURSEMENT Extraordinary Expenses Reimbursement. AOC shall reimburse Jurisdiction up to a maximum of $ 135,028.00 for the extraordinary judicial, prosecutorial, and/or defense-related costs (collectively, "Costs") of resentencing and vacating the sentences of individuals whose convictions and/or sentences are affected by the Blake decision. Municipalities should be advised, the Washington Legislature passed Engrossed Substitute Senate Bill 5187, Section 114(13), which requires vacating of cannabis and possession of paraphernalia. A. To be eligible for reimbursement, the Costs must be incurred between July 1, 2023 and June 30, 2024. AOC will not reimburse Jurisdiction for Costs incurred after June 30, 2024. AOC may, at its sole discretion, deny reimbursement requests in excess of the amount awarded. If additional funding is or becomes available for these purposes, AOC and Jurisdiction may mutually agree to increase the amount awarded under this Agreement. B. General. AOC shall reimburse Jurisdiction for approved and completed reimbursements by warrant or electronic funds transfer within 30 days of receiving a properly completed A-19 invoice and the necessary backup documentation. III. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2023, regardless of the date of execution, and ends on June 30, 2024. The period of performance may be amended by mutual agreement of the Parties. M24017 Page 1 of 4 DocuSign Envelope ID:00084FC6-05C5-4844-991C-FF750044DE34 IV. TERMS OF REIMBURSEMENT A. Jurisdiction shall electronically submit, once per month, its A-19 invoices to Payables(c)-courts.wa.gov. B. Jurisdiction's A-19 invoices must include: 1. Payment documents from Jurisdiction indicating the amounts expended, the recipients, and the date of expenditure; 2. A list of any case numbers associated with the services provided; 3. A breakdown of expenses by judicial, prosecutorial, and defense-related costs; 4. Any employee positions supported by Blake related funds, broken down by judicial, prosecutorial, and defense-related positions, including name of employee, title, hourly wage of the individual, time spent on Blake-related cases and a list of corresponding cause numbers; 5. The unique three-digit court code for the Jurisdiction the work was completed on behalf of must be provided on the A-19. If a Jurisdiction contracts with another jurisdiction to provide court services, then the unique court code for the jurisdiction for which the work was completed must be provided; and 6. Data, including case numbers and aggregate data on the number and type of cases: a. Vacated under Blake; b. Resentenced under Blake; and C. Being worked on under Blake. V. 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. VI. GOVERNANCE A. This Agreement is entered into pursuant to and under the authority IAA24017 Page 2 of 4 DocuSign Envelope ID:00084FG6-05C5-4844-991C-FF750044DE34 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. B. 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- 1 . Applicable state and federal statutes and rules; 2. This Agreement-, and then 3. Any other provisions of the Agreement, including materials incorporated by reference. VII. 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. VIII. 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 that can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IX. AGREEMENT MANAGEMENT The Program Managers/Point of Contacts noted below are responsible for and are the contact people for all communications and billings regarding the performance of this Agreement: AOC Program Manager Jurisdiction Program Manager/Point of Contact Sharon Swanson Amanda Hamilton Blake Implementation Manager county clerk PO Box 41170 PO Box 1220, Port Townsend, WA 98368 Olympia, WA 98504-1170 Sharon.Swanson(a)courts.wa.gov amanda.hamilton@co.Jefferson.wa.us (360) 890-2549 (360) 385-9125 IAA24017 Page 3 of 4 X. 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 Signature Date Signature Date Christopher Stanley Name Name Chief Financial and Management Officer Title Title Approved as to form A May 25, 2023 Signature Date Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney IAA24017 Page 4 of 4