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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)GRANT 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: Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Kafl"I@ Stockton CONFIDENTIAL INFORMATION: ❑YES 8 NO DATE: 7/28/2026 PHONE:2937 � � � "m o��:: LU 4 ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders 8 Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB aj ���50 E-E MAE w� IN Request approval to docusign the Blake 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 $15,000. Term is July 1 2026 through June 30, 2027. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO M N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO R N/A DATE OF ACTION: _ DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D2: D3: WITHDRAWN: 4/23/24 Docusign Envelope ID: 908848F5-OBC7-8C8B-8137-EAC51994385B K26- 1 38 WASHINGTON COURTS INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AOC3449 AND GRANT COUNTY 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 "County". The AOC and the County 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 County. THEREFORE, IT IS MUTUALLY AGREED THAT: 3. STATEMENT OF WORK The County 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 whose convictions or sentences are affected by the Blake decision. For Municipalities and Counties, this will include language Engrossed Substitute Senate Bill 5998, Section 113(8) passed by the 2026 Legislature, which includes simple drug possession, to include cannabis and possession of paraphernalia. REV May2025 AOC3449 Page 1 of 6 Docusign Envelope ID: 908848F5-OBC7-8C8B-8137-EAC51994385B 4. ACCEPTANCE Upon County submission of A19, AOC Program Manager will review information contained within to ensure itemized invoice reflects costs as per language stated in section 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, 2026, and end on June 30, 2027, unless terminated sooner or extended, as provided herein. AOC will reimburse the County compensation not to exceed $15,000 for payments made during the period from July 1, 2026, through June 30, 2027, 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 County will submit properly prepared itemized invoices via email on an Al 9 form to AOC Program Manager. Invoices shall be submitted once per month. Incorrect or incomplete Al 9s shall be returned by AOC to the County for correction or reissuance. All Al 9s shall provide and itemize, at a minimum, the following: • Contract Number: AOC3449 • County 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-1 9. If a Jurisdiction contracts with another jurisdiction to provide court services, then the REV May2025 AOC3449 Page 2 of 6 Docusign Envelope ID: 908848F5-OBC7-8C8B-8137-EAC51994385B unique court code for the jurisdiction for which the work was completed must be provided; and, 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 Al 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 County via unilateral amendment to the agreement no later than May 1, 2027, that AOC intends to reallocate funding among courts in the program. If AOC determines the County may not spend all funds available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the County 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 County must submit the final revenue sharing A-19 to payablesa-courts.wa.gov between July 12, 2027, and August 1, 2027. 9. AGREEMENT MANAGEMENT The Program Manager and County 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 County Program Manager Sharon Fogo Kimberly Allen PO Box 41170 PO Box 37 Olympia, WA 98504-1170 Ephrata, WA 98823 Sharon. Fogo@courts.wa.gov kallenag_ rantcountyv�„_►ra.gov (360)819-7305 (509) 754-2011 REV May2025 AOC3449 Page 3 of 6 Docusign Envelope ID: 908848F5-OBC7-8C8B-8137-EAC51994385B 10. RECORDS RETENTION & PUBLIC RECORDS a. Records Retention. The County shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly 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 County 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 REV May2025 AOC3449 Page 4 of 6 Docusign Envelope ID: 908848F5-OBC7-8C8B-8137-EAC51994385B 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. 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 County 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 REV May2025 AOC3449 Page 5 of 6