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HomeMy WebLinkAboutResolution 25-094-CCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC REQUEST SUBMITTED BY: Karrl@ Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Kaffle Stockton CONFIDENTIAL INFORMATION: ❑YES ®NO DATE:10/15/2025 PHONE:2937 'ir-) OF DOCUMENTS SUBMITTED: (C CK ALL THAT APPLA, ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget El Computer Related ❑County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants -- Fed/State/County Ell -eases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Request to docusign the Interagency Agreement between Washington State Administrative Office of the Courts (AOC) and Grant County for Blake reimbursement of extraordinary costs of re -sentencing and vacating sentences as required by State v. Blake. Amount of $10,782, Term is July 1, 2025 to June 30, 2026. If necessary, was this document reviewed by accounting? ❑ YES documentLEGAL kEVIEW: If this • r legal If necessary, was this document reviewed by legal? 0 YES ❑ NO DATE OF ACTION: O d I • �� APPROVE: DENIED ABSTAIN D 1: D2: D3: ❑NO *N/A DEFERRED OR CONTINUED TO: WITHDRAWN: 11111119MIAW Docusign Envelope ID: 75B6A402-A540-4FB0-B82E-C7D025CB27A7 WASHiNGTON COURTS, INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AOC2527 AND GRANT COUNTY FOR BLAKE 1. PARTIES TO THE AGREEMENT This Interagency Agreement is made and entered into by and between the State of Washington acting by and through the Washington State Administrative Office of the Courts, hereinafter referred to as "AOC or Procuring Agency," and Grant County , referred to as "Court or Agency". The AOC and the Agency may be referred to individually as a "Party" and collectively as the "Parties". 2. PURPOSE The purpose of this Agreement is to reimburse extraordinary costs of resentencing and vacating sentences as required by State v. Blake ("Blake') to Court. THEREFORE, IT IS MUTUALLY AGREED THAT: 3. STATEMENT OF WORK The Court shall: Submit A-19s to AOC for reimbursement of extraordinary judicial, prosecutorial, clerk, court administration and/or defense -related costs of resentencing and vacating the sentences of individuals who convictions or sentences are affected by the Blake decision. For Municipalities and Counties, this will include language Engrossed Substitute Senate Bill 51677 Section 114 (5 to 7) passed by the 2025 Legislature, which includes simple drug possession, to include cannabis and possession of paraphernalia. REV May2025 AOC2527 Page 1 of 6 Docusign Envelope ID: 75B6A402-A540-4FB0-B82E-C7D025CB27A7 i 4. ACCEPTANCE Upon Court submission of Al 9, AOC Program Manager will review information contained within to ensure itemized invoice reflects costs as per language stated in sections 3 and 7 of this agreement. 5. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2025, and end on June 30., '2026, unless terminated sooner or extended, as provided herein. 6. COMPENSATION AOC will reimburse the Court a total compensation not to exceed $10,782.00 for payments made during the period from July 1, 2025, through June 30. 2026, related to the purpose of this agreement. Procuring Agency may extend the term of this Contract or increase funds by mutual written amendment. Such amendment shall be on the same terms and conditions as set forth in this Contract. 7. INVOICES; BILLING; PAYMENT The Agency will submit properly prepared itemized invoices via email on an A19 form to AOC Program Manager. Invoices shall be submitted once per month. Incorrect or incomplete A19s shall be returned by AOC to the Agency for correction or reissuance. All Al 9s shall provide and itemize, at a minimum, the following: • Agreement Number: AOC2527 • Agency name, address and phone number • Description of Reimbursement: O Payment documents from Jurisdiction indicating the amounts expended, the recipients, and the date of expenditure; O A list of any case numbers associated with the services provided; o A breakdown of expenses by judicial, clerk/court administration, prosecutorial, and defense -related costs; o Any employee positions supported by Blake related funds, broken down by judicial, clerk/court administration, 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; O 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, REV May2025 AOC2527 Page 2 of 6 Docusign Envelope ID: 75B6A402-A540-4FB0-B82E-C7D025CB27A7 o Data, including case numbers and aggregate data on the number and type of cases ➢ Vacated under Blake, ➢ Resentenced under Blake; and ➢ Being worked on under Blake. • Date(s) Services were provided • Receipt(s) if applicable • Total Reimbursement Payment will be considered timely if made by the AOC within thirty (30) calendar dates of receipt of a properly prepared A19. No A19 shall be submitted until after a deliverable has been accepted by the AOC Program Manager. The AOC will not make any advanced payments or payments in anticipation of services or supplies under this Contract. 8. REVENUE SHARING a. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court via unilateral amendment to the agreement no later than May 1, 2026 that AOC intends to reallocate funding among courts in the program. If AOC determines the Court may not spend all funds available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the Court may spend more funds than available under the Agreement and for its scope, then AOC may increase the Agreement amount. b. If the AOC initiates revenue sharing, then the Court must submit the final revenue sharing A-19 toga ables _,courts.wbetween July 12, 2026 and August 1, 2026. 9. AGREEMENT MANAGEMENT The Program Manager and Agency Program Manager noted below shall be responsible for and shall be the contact people for all communications and billings regarding the performance of this Contract. The parties may change administrators by written notice. AOC Program Manager 11 Agency Program Manager Sharon Fogo PO Box 41170 Olympia, WA 98504-1170 Sharon. Fogo(a.courts.wa.qov (360) 819-7305 Karrie Stockton p.o. box 37 Ephrata, WA 98823 kstockton@grantcountywa.gov (509) 754-2011 10. RECORDS RETENTION & PUBLIC RECORDS a. Records Retention. The Agency shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly REV May2025 AOC2527 Page 3 of 6 Docusign Envelope ID: 75B6A402-A540-4FB0-B82E-C7D025CB27A7 reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract. The agency will retain all books, records, documents, and other material relevant to this contract as required, a minimum of ten (10) years after end of period of performance (including all amendments to extend) or termination of the agreement or as otherwise specified and make them available for inspection by persons authorized under this provision. If any litigation, claim, or audit is commenced prior to the expiration of the required retention period, such period shall extend until all such litigation, claims, or audits have been resolved. b. Public Records. It is the policy of the Administrative Office of the Courts to facilitate access to its administrative public records. This Agreement and related records are subject to disclosure under General Court Rule 31.1. For additional information, please contact the AOC Public Records Officer. 11. GENERAL PROVISIONS a. Amendment or Modification. Except as set forth herein, this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto. In revenue sharing procedures AOC will issue a unilateral amendment. b. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. c. Authority. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. d. Captions & Headings. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof. e. Conformance. If any provision of this Agreement violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. f. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement. REV May2025 AOC2527 Page 4 of 6 Docusign Envelope ID: 75B6A402-A540-4FB0-B82E-C7D025CB27A7 g. Electronic Signatures. An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. h. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. i. Governing Law. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles that would provide for the application of the laws of another jurisdiction. j. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. k. Jurisdiction & Venue. In the event that any action is brought to enforce any provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. I. Right of Inspection. The Agency shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the State of Washington at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. m. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. n. Termination for Non -Availability of Funds. AOC's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, AOC, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. AOC may also elect to suspend performance of the Agreement until AOC determines the funding insufficiency is resolved. AOC may exercise any of these options with no notification restrictions, although AOC will make a reasonable attempt to provide notice. REV May2025 AOC2527 Page 5 of 6 Docusign Envelope ID: 75B6A402-A540-4FB0-B82E-C7D025CB27A7 In the event of termination or suspension, AOC will reimburse eligible costs incurred by the Agency through the effective date of termination or suspension. Reimbursed costs must be agreed to by AOC and the Agency. In no event shall AOC's reimbursement exceed AOC's total responsibility under the agreement and any amendments. o. Suspension for Convenience. AOC may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the Agency a minimum of seven (7) calendar days before the suspension date. Agency shall resume performance on the first business day following the suspension period unless another day is specified in writing by AOC prior to the expiration of the suspension period. p. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute 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. EXECUTED AND EFFECTIVE as of the day and date first above written. WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS Signature Date Christopher Stanley, CGFM Name Chief Financial and Management Officer Title Grant County BLAKE Signature Date Karrie Stockton Name Grant Administrative Specialist Title REV May2025 AOC2527 Page 6 of 6 BOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION AUTHORIZING RESOLUTION No. 25- 09 � -CC EXECUTION OF INTERAGENCY AGREEMENT WITH THE WA STATE ADMINISTRATIVE OFFICE OF THE COURTS FOR BLAKE WHEREAS, Chapter 34.39 RCW, the Interlocal Cooperation Act, permits local government entities to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, for the purposes of providing services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the Washington State Administrative Office of the Courts (AOC) is authorized pursuant to Chapter 39.34 RCW to enter into interlocal agreements; and WHEREAS, Grant County, Washington, is vested with authority to enter into an interagency agreement pursuant to Chapter 3 9.3 4 RCW; and WHEREAS, the purpose of Interagency Agreement is for the purpose of reimbursement of extraordinary judicial, prosecutorial, clerk, court administration and/or defense related costs of resentencing and vacating sentences of individuals who convictions or sentences are affected by the Blake decision, pursuant to SB 5167; and WHEREAS, it is the desire of Grant County and the AOC to enter into this agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the attached Interlocal Agreement between Grant County and the WA State Administrative Office of the Courts be approved. DATED this 1� day of Qc- , 2025. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON ATTEST: r arbara J s u � ❑ ❑ Clerk of the o rd Ro Jone , air Cindy CartVice Chair Kevin Burgess, Wernber