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HomeMy WebLinkAbout2691 - Administrative Office of the Courts - Agreement - Interagency Reimbursement AgreementDocuSign Envelope ID : A343686F-89E5-4201-8D79-08F8C4F004E4 INTERAGENCY REIMBURSEMENT AGREEMENT IAA23744 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND CITY OF MARYSVILLE THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) andc1TY OF MARYSVILLE, for the purpose of reimbursinQ:;1TY OF MARYSVILL~ity) 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 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 . 2. REIMBURSEMENT A. Extraordinarv Expenses Reimbursement. AOC shall reimburse the City up to a maximum of $432,118 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 . B. LFO Reimbursement. AOC will reimburse the City up to a maximum of $373,192 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 IAA23744 Page 1 of 4 ORIGINAL DocuSign Envelope ID: A343686F-B9E5-4201-8D79-08FBC4F004E4 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. 3. 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. 4. TERMS OF REIMBURSEMENT a) The City shall request reimbursement as follows: 1. The City will submit its A-19 invoices monthly to payables@courts.wa.gov. A-19 invoices submitted under this agreement must include: a. Payment documents from the City 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. ForCITY OF MARYS,VILLE expenses under 2.A. must be coded 40021070, and reimbursement under 2.8. must be coded 40022090. 2. The City 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: i. Vacated under Blake; IAA23744 Page 2 of4 DocuSign Envelope ID: A343686F-B9E5-4201-8D79-08F8C4F004E4 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 AL TERA TIONS 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. IAA23744 Page 3 of 4 DocuSign Envelope ID: A343686F-89E5-4201-8D79-08F8C4F004E4 9. AGREEMENT MANAGEMENT The program managers noted below are responsible for and are the contact people · for allccimmuiiicatioris and billings regarding the performance of this Agreement: ------- Christopher Stanley Chief Financial and Management Officer PO Box 41170 Olympia, WA 98504-1170 christopher.stanley@courts.wa.gov (360) 357-2406 10. ENTIRE AGREEMENT Suzanne Elsner Court Administrator 501 Delta Ave Marysville, WA 98270 Email 360-363-8054 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 8/14/2022 Date Chr;stopher Stanley Name ch;ef F;nanc;a1 and Management Off;cer Title IAA23744 CITY OF MARYSVILLE 8/14/2022 Date Jon Nehr;ng Name Mayor Title Page 4 of4 DocuSign Envelope ID: A343686F-B9E5-4201-8D79-08F8C4F004E4 FORM STATE OF WASHINGTON A 19-1A (Rev. 5/91) INVOICE VOUCHER Office of the Administrator for the Courts 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 ,,•, ·.< .. 6AfE . '" ,, ... PREPARED BY I TELEPHONE NUMBER I DATE DOC. DATE I . PMTDUE DATE I CURRENTDOC. NO. I REF DOC. I VENDOR NUMBER INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form to claim payment for materials, merchandise or ser1ices. Show complete detail for each item. Vendor's Certificate: I hereby certify under penalty of perjury that the items 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) RECEIVED BY I DATE RECEIVED • H •'' UNIT . Q!JANJITY' .. ,;,PRICE Y" ·. • FOR AGENCY Al'VIOUN,T '., ,; .USE .... · I AGENCY APPROVAL DATE VENDOR MESSAGE UBI NUMBER REF TRANS M ·, I~~ CODE ~ • .FUND ORG WORKClASS COUNTY CITY/TOWN PROJECT : SUB , PROJ INDEX ALLOC 8~~~.;T MOS , .;;•,., PROJ. PHAS, AMOUNT INVOICE NUMBER . ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER IAA23744