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HomeMy WebLinkAboutAgreements/Contracts - District Court (003)10 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 K23-201 GRANT AGREEMENT - GRT23008 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND Grant County District Court THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and Grant County District Court , (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community- based therapeutic interventions within the Grantee's jurisdiction in accordance with the Grantee's grant application, and Statement of Work (Attachment A). This contract constitutes an official award letter. 2. TERM AND PERIOD OF PERFORMANCE This Agreement's period of performance runs from July 1, 2022 through June 30, 20237 unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $250,000.00. Grantee will use the funds for the following cost categories (these amounts need to match what the grantee submitted in their application): Cost Category Amount Personnel salaries & benefits $ 100, 000.00 Staff equipment & training $ 50,000.00 Treatment services $ 507000.00 Other participant services $507000.00 Tota 1 $ 250, 000.00 Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC'. Project Manager, and in no case G RT23008 Page 1 of 6 0 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 may the total amount exceed the awarded amount above. This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Grantee will submit an invoice after the completion and acceptance of each deliverable noted above. This amount will be disbursed in two allotments, one in August 2022 and the second in January 2023 upon receipt of a properly filled out Form A-19. 4. REPORTING The Grantee must submit quarterly reports to AOC documenting the progress of their therapeutic court program. These reports will provide: • The number of program participants for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • Other costs accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and • Any challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to htt s://in side. courts.wa. ov/a s/there peutic rants/vi ew/d sp th erapeuticg rants. cfm on the following schedule: Period Report Due 07/01/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee's eligibility for future funding. 5. BILLING PROCEDURES Grantee will submit properly prepared Form A-1 9s via email to AOC Financial Services at payablesacourts.wa.gov. Invoices shall be submitted no more than twice during the r +:n pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Grantee for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract N u m berG RT23008 B. Grantee name, address, phone number; C. Grantee Federal Tax Identification Number; G RT23008 Page 2 of 6 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Grantee. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Grantee of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the ADC's, the Court's or the Grantee's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. AOC Project Manager Grantee Project Manager Stephanie Oyler Desiree J. Ochocinski PO Box 41170 35 C St NW Fl 3 Olympia, WA 98504-1170 Ephrata, WA 98823-1685 Stephanie.0yler@courts.wa.gov dochocinski@grantcountywa.gov -890-0901 09-754-2011 9. ASSIGNMENT Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. GRT23008 Page 3 of 6 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 10. TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Grantee to perform any of the obligations or provisions required by the contract. In the event of default, the Grantee shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Grantee was not in default, or (ii) the Grantee's failure to perform is without Grantee's and/or SubGrantee's control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Grantee, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Grantee shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Grantee's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Grantee nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except SubGrantees). G RT23008 Page 4 of 6 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 14. REPRESENTATION AND CERTIFICATIONS Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. 16. INDEPENDENT GRANTEES Grantee is an independent Grantee in relation to AOC with respect to all matters arising under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. 18. GOVERNING LAW/VENUE This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 19. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. 20. WAIVER No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 21. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. G RT23008 Page 5 of 6 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 22. HEADINGS Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the day and year below written. Administrative Office of the Courts ell—Doc.uSigned by: 8/11/2022 Signature Date Christopher Stanley Name Director, MSD Title Grantee e—DocuSigned by: vt'siv ,t' I a&h(J'VGSU 8/11/2022 �A��111A Signature Date Desiree J. Ochocinski Name Court Administrator Title GRT23008 Page 6 of 6 DocuSign Envelope ID: F4CF3D95-OBE7-41A7-96F4-4C8BD645CFB6 Attachment A Statement of Work: The Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community-based therapeutic interventions within the Grantee's jurisdiction in accordance with the Grantee's grant application. Funds can be used for the following costs categories: • personnel salaries & benefits, • staff equipment & training, • treatment services (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and • other participant services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: • replacing or supplementing the salary of current employees of the Grantee (employees must be taking on additional work or be a new employee to be eligible for funding), • program incentives that constitute a gift or reward • items and activities outside of the cost categories listed in the Grantee's contract. The Grantee shall submit quarterly reports to A®C documenting the progress their therapeutic court program. These reports shall provide: • the number of program participants for the corresponding quarter, • the services provided to program participants for the corresponding quarter, • the cost of services provided to program participants for the corresponding quarter • other cost accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and • challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://in side. cou rts.wa.gov/apps/therap-euticgrants/view/ds p therapeuticg rants. cfm on the following schedule: Reporting schedule: Period Report Due 07/01/22-09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 1 07/15/23 1 (final report) Failure to submit a report by the due date may adversely affect the Grantee's eligibility for future funding. GRT23008 Grant Agreement GRT23008 between District Court and Washington State Administrative Office of the Courts Date: < 14 4�) ATTEST: Barbara J. VaoVez Clerk of the Board BOAR® OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON T I NJ 1�1 Rob Jones, Chair Cindy er, Vice -Chair Danny ne, Member