Loading...
HomeMy WebLinkAboutAOCBlakek INTERAGENCY REIMBURSEMENT AGREEMENT IAA22175 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND KITTITAS COUNTY THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Kittitas County, for the purpose of reimbursing Kittitas 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.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.REIMBURSEMENTExtraordinary Expenses Reimbursement. AOC shall reimburse the County up to a maximum of $329,100 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 theparties.LFO Reimbursement. AOC will reimburse the County up to a maximumof $632,000 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 reimbursementrequests 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 increasedby 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.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 reportas requiredbelow.PERIOD OFPERFORMANCE 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.TERMS OFREIMBURSEMENTThe County shall request reimbursement asfollows:The County will submit its A-19 invoices monthly tocountyreimbursements@courts.wa.gov. A-19 invoices submitted underthis agreement mustinclude:PaymentdocumentsfromtheCountyindicatingtheamounts expended, the recipients, and the date ofexpenditure.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 theState V. Blake.Propercodingforexpensesunderboth2.A.andB.ForKittitas County, expenses under 2.A. must be coded 40119, and reimbursement under 2.B. must be coded 40100.The County shall provide a monthly report to AOC that must contain ata minimum:A list of any case numbers associated with the servicesprovided;Abreakdownofexpensesbyjudicial,prosecutorial,anddefense­ relatedcosts;The amount of LFOs reimbursed, with the case numberassociated with thatamount.Anypositions supportedbythesefunds,brokendownbyjudicial, prosecutorial, and defense-related positions;andData, including case numbers and aggregate data on thenumber and type ofcases:Vacated underBlake;Resentenced under Blake;andBeing worked on underBlake.By May 1, 2022, the County agrees to report any allocated funds under either2. 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.AGREEMENT ALTERATIONS ANDAMENDMENTS 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.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 termsandanyapplicablestatuteorrule,theinconsistencywillberesolvedbygiving precedence in the followingorder:Applicable state and federal statutes andrules;This Agreement;andAnyotherprovisionsoftheagreement, includingmaterialsincorporated by reference.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.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.AGREEMENTMANAGEMENT Theprogrammanagersnotedbelowareresponsibleforandarethecontactpeople forallcommunicationsandbillingsregardingtheperformanceofthisAgreement: AOC Program Manager ,, . I', Countv Program Manager Christopher Stanley Jerry Pettit Chief Financial and Management Officer Auditor PO Box 41170 Olympia, WA 98504-1170 205 W 5th Ave Ste 105 Ellensburg, WA 98926 christopher.stanley@courts.wa.gov jerry.pettit@co.kittitas.wa.us (360) 890-2549 509-962-7501ENTIREAGREEMENT ThisAgreementcontainsallthetermsandconditionsagreeduponbytheparties.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 thisAgreement. AGREED:Administrative Office oftheCourtsKittitasCountySignatureDateSignatureDate Christopher StanleyNameNameChief Financial and ManagementOfficerTitleTitle