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Home My WebLink AboutCAG2022-394 - Original - Washington State Administration Office of the Courts - Reimbursement for Blake Decision - 07/01/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached Page 1 of 4 INTERAGENCY REIMBURSEMENT AGREEMENT BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and , for the purpose of reimbursing (City) for extraordinary costs of resentencing and vacating sentences under Blake and for the cost of refunding legal financial obligations (LFOs) under the Blake decision. PURPOSE The purpose of this Agreement is to provide reimbursements to assist Cities and Municipal Courts with extraordinary judicial, prosecutorial, or defense-related costs of resentencing and vacating the sentences of defendants whose convictions or sentences in are affected by the State v. Blake decision, and to provide reimbursements to assist Cities and Municipal Courts who have reimbursed or will reimburse LFOs to defendants whose convictions or sentences in Municipal Court are affected by the State v. Blake decision. REIMBURSEMENT Extraordinary Expenses Reimbursement. AOC shall reimburse the City up to a maximum of 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, 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 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. LFO Reimbursement. AOC will reimburse the City up to a maximum of for payments made by the City 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. 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 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 Page 2 of 4 agreement of the parties. Nothing in this Agreement requires the City 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 City 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. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2022, 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. TERMS OF REIMBURSEMENT The City shall request reimbursement as follows: The City will submit its A-19 invoices monthly to payables@courts.wa.gov. 19 invoices submitted under this agreement must include: Payment documents from the City indicating the amounts expended, the recipients, and the date of expenditure. 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 Blake. Proper coding for expenses under both 2.A. and B. For , expenses under 2.A. must be coded 40021070, and reimbursement under 2.B. must be coded 40022090. The City shall provide a monthly report to AOC that must contain at a minimum: A list of any case numbers associated with the services provided; A breakdown of expenses by judicial, prosecutorial, and defense- related costs; The amount of LFOs reimbursed, with the case number associated with that amount. Any positions supported by these funds, broken down by judicial, prosecutorial, and defense-related positions; and Data, including case numbers and aggregate data on the number and type of cases: Vacated under Blake; Page 3 of 4 ii. Resentenced under Blake; and iii. Being worked on under Blake. b) By May 1, 2023, the City 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. Page 4 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: 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 Signature Date Signature Date Name Name Title Title AOC Program Manager City Program Manager Christopher Stanley Chief Financial and Management Officer PO Box 41170 Olympia, WA 98504-1170 christopher.stanley@courts.wa.gov (360) 357-2406 FORM A 19-1A (Rev. 5/91) STATE OF WASHINGTON INVOICE VOUCHER AGENCY USE ONLY AGENCY NO. LOCATION CODE P.R. OR AUTH. NO. AGENCY NAME Office of the Administrator for the Courts INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form to claim payment for materials, merchandise or services. Show complete detail for each item. VENDOR OR CLAIMANT (Warrant is to be payable to) tems and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veterans status. BY (SIGN IN INK) (TITLE) (DATE) FEDERAL I.D. NO. OR SOCIAL SECURITY NO. (For reporting Personal Services Contract Payments to I.R.S. Do not fill in. Attach a W-9 form RECEIVED BY DATE RECEIVED DATE DESCRIPTION QUANTITY UNIT PRICE AMOUNT FOR AGENCY USE PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE DOC. DATE PMT DUE DATE CURRENT DOC. NO. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER REF DOC SUF TRANS CODE M O D FUND MASTER INDEX SUB OBJ SUB SUB OBJECT ORG INDEX WORKCLASS COUNTY CITY/TOWN PROJECT SUB PROJ PROJ PHAS AMOUNT INVOICE NUMBER APPN INDEX PROGRAM INDEX ALLOC BUDGET UNIT MOS ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER