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HomeMy WebLinkAboutGrant Related - District CourtGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:District Court REQUEST SUBMITTED BY: Brittany Bevier CONTACT PERSON ATTENDING ROUNDTABLE: Desiree Ochocinski CONFIDENTIAL INFORMATION: OYES ® NO DATE: 7/9/2024 PHONE: ext 3177 r • r• r r 1LL A Ar r ©Agreement / Contract ❑AP Vouchers ------- ❑Appointment / Reappointment �,Y) ❑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 a Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter []Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB • r •-r •- ria;1;1::ii�!Ili Request to sign Interagency Agreement between Washington State Administrative Office e of the Courts and Grant County District Court No. IAA25114, in the amount of $24,000 for a term of July 1, 2024 through June 30, 2025. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 7 N/A If necessary, was this document reviewed by legal? R YES ❑ NO ❑ N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: 4UUL Q DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND GRANT COUNTY DISTRICT COURT This Agreement is entered into by and between the Washington State Administrative Office of the Courts (AOC) and Grant County District Court (Court), (collectively known as the Parties). I. DEFINITIONS For the purposes of this Agreement the following definition shall apply as re RCW 43.160.020(5): ,s pp y p scribed i n Rural county means a county with ao ulation density of p p y fewer than one hundred persons per square mile or a county smaller than two hundred twenty- five square miles, as determined by the Office of Financial Management and d published each year by OFM for the period of July 1 st to June 30th. Trial Court Securityis under the provisions of Washington State Court General Rule 36. II. PURPOSE The purpose of this Rural Court Security Program Agreement is torovide reimbursement u rsement of a percentage of overall court security costs in order for the Court to comply ' p y with the Trial Court Security criteria established in GR36. III. PERIOD OF PERFORMANCE Performance under this Agreement begins Agreement and ends on June 30, 2025. on July 1, 2024 regardless of the date of IV. TOTAL AMOUNT OF AGREEMENT The total amount of this Agreement is $24,000.00 , subject to the availabilityof funds. Th � The Total amount of this Agreement will be distributed as follows: *Courts may use funds from the Court Security Officers cost category for the ' Equipment g y e Security qu pment and Services cost category, but not vice -versa. IAA25114 Page 1 of 8 DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 V. REPORTING SCHEDULE The Court shall submit semi-annual reports to the AOC documenting the progress of their security improvement projects. The reports shall provide: A. Statement confirming delivery of items claimed on the reimbursement form (A- 19). B. Status of General Rule 36 compliance remaining minimum court security standards to achieve compliance. C. The services provided to the courthouse for the corresponding period (licenses, contracted security, etc.) D. Any challenges faced by the Court during the corresponding period. E. Whether funds are expected to be used fully or if additional funding is needed. The Court will follow the following reporting schedule according to the Period of Performance established in Section III of this agreement. Period Report Type Report Due 07/01/2024-11/15/2024 Initial Implementation Report 01/31/2025 01 /01 /2025-06/30/2025 Final Report 07/30/2025 Reports shall be submitted to AOC to kyle.landry@courts.wa.gov. Failure to submit a report by the due date may adversely affect the Court's eligibility for future funding. VI. USE OF FUNDS A. General Awarded amounts expire at the end of the fiscal year they were awarded in and do not carry over to the following year. Funds will be used in accordance with the table provided in section IV of this Agreement. All goods, services and equipment must be performed, received, and delivered by July 30, 2025. Anything beyond this date will be considered ineligible. B. Eligible Use of Funds 1. Security Equipment AOC will reimburse the Court at the established percentage under this Agreement for the cost of purchasing and installing security equipment in the following categories: a. Security screening equipment, which includes: Walk-through metal detectors, handheld metal detectors, and X-ray machines if a court has a working magnetometer and a Court Security Officer on-site. b. Security Cameras c. Entry alarm systems. IAA25114 Page 2 of 8 DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 d. Duress or Emergency broadcasts systems. e. If an item is not listed in the approved categories provided by the AOC, then approval should be requested via email to Program Manager in regards to security -related infrastructure upgrades or miscellaneous security items. 2. Services Supporting Court Security Equipment AOC will reimburse the Court at the established percentage under this Agreement for the cost of the following services to support court security: a. Software licenses for security equipment. b. Labor costs associated with installation of security equipment. c. Maintenance of security equipment. 3. Security -related training Security training is a reimbursable cost under this Agreement and should be available to all Court staff at court's location if delivered. Training should: a. Be specific to the training the court needs (e.g. Active Shooter training, De-escalation training, etc.) b. Address security -related topics. 4. Court Security Officer Costs AOC will reimburse the court at the established percentage under this Agreement for the cost of Court Security Officers. This reimbursement counts towards the court's overall total reimbursable amount of this Agreement. a. Court Security Officers must be contracted and in compliance with RCW 18.170. b. Licensing exemptions for sworn peace officers should comply with RCW 18.170.020. c. All other Security Officers must comply with licensing requirements contained in RCW 18.170. d. Reimbursement amount will cover hours worked only. e. If and only if your Court has been partially awarded, you may elect to contract a Court Security Officer on days that are deemed to be higher risk or when hearings take place. C. Ineligible Use of Funds 1. Security Equipment Security costs that meet the criteria below will not be reimbursed: a. Equipment and services in spending categories not approved on the Agreement unless approved in writing by the AOC. b. Court staffing or administrative costs. c. X-ray machines unless the Court has a Court Security Officer available for entry screening and a working magnetometer. 2. Security Officer IAA25114 Page 3 of g 8 DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 a. Contracted Court Security Officers not compliant with RCW 18.170. b. Personal equipment for Court Security Officers. c. Court Security Officer's benefits. VII. PAYMENT/ REIMBURSEMENT A. AOC will reimburse the Court up to a maximum/NTE of $24,000.00 for costs incurred from July 1, 2024 to June 30, 2025 regarding security equipment and other goods and services that improve security in the courts listed under Section 2, titled "Security Equipment and Services". The maximum awarded amount shall only increase if funding exists and AOC approves the reimbursement. B. The Court is responsible for paying the entire up -front cost of the equipment and services. AOC will reimburse the Court at the percentage established of 60% Reimbursements count towards the Court's total reimbursement limit or the total amount of this agreement for costs incurred in Court's Security Services and Equipment and Security Officers categories. C. The total cost may be spent in all approved categories at the court's discretion. Substitutions for similar equipment or services shall be allowed if it fills a similar role to the equipment requested by the Court. D. The Court shall work with AOC staff in determining whether an expense qualifies as a reimbursable expense under the Agreement. E. Only items and services purchased and received during the dates stated on the agreement are eligible for reimbursement. Awarded funding expires June 30 of the fiscal year in which it was awarded. F. The Court shall maintain sufficient backup documentation of expenses under this Agreement. G. Before payment can be processed, properly completed invoices on state form A-19 must be submitted to AOC Financial Services at payables(a-)-courts.wa.gov. Payments made by AOC within . 30 days of receipt properly- completed A-19 invoice shall be deemed timely. H. All invoices shall provide and itemize, at a minimum, the following: 1. Agreement Number 2. Court name, address, phone number 3. Court Federal Tax Identification Number 4. Description of procured goods and services 5. Date(s) of procured goods and services 6. Total Invoice Price I. Incorrect or incomplete invoices shall be returned by AOC to Court for correction and reissuance, and may result in delays in funding. J. The Court shall submit invoices to AOC for expenditures no more frequently than monthly, and no less frequently than quarterly. K. Reimbursement payments under this agreement will only be made to the Court or funding authority that has incurred the cost of the items and services eligible for reimbursement. Reimbursements will not be made for partially eligible costs. Therefore, Courts shall ensure invoices submitted IAA25114 Page 4 of 8 DocuSign Envelope ID: 089111 FC-A874-48C3-9519-07E5D795A5D1 account for and demonstrate 100% of eligible costs to be reimburse at percentage rate. L. Reimbursements will not exceed the awarded amount unless excess funding exists and is approved by AOC in accordance with the revenue sharing section of this Agreement. M. Final reimbursement requests must be received by AOC no later than July 12, 2025. N. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by the AOC. O. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. VIII. REVENUE SHARING A. AOC, in its sole discretion, may initiate the revenue sharing. AOC will notify the Court no later than May 1, 2025 that AOC intends to reallocate funding among courts. If AOC determines the Court may not spend all monies available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the Court may spend more money than is available under the Agreement and for its scope, then the AOC may increase Agreement amount. B. If the AOC initiates the revenue sharing process, then the Court must submit a final revenue sharing A-19 to payables(a),courts.wa.goov_ between July 12, 2025 and August 1, 2025. IX. NOTIFICATION OF USE OF FUNDS AOC will formally communicate to the Court at two stages of the Agreement: mid -year of performance (January 2025) and end of performance (June 2025) regarding revenue sharing increases or decreases to the total amount of this Agreement. Failure by Court to respond to attempts of contact by AOC within 30 days, may result in reallocation through Revenue Sharing procedures of the Court's funds to another Court in need. The Court will submit a Revenue Sharing report, in accordance with schedule established in Section V of this Agreement. X. APPROPRIATIONS The terms of this Agreement are contingent upon sufficient appropriations and authorization made by the Legislature of Washington State (Legislature) for the performance of this Agreement. If sufficient appropriations and authorization are not made or removed by the Legislature, this Agreement will terminate immediately upon written notice given by the AOC to the Court. The decision as to whether appropriations IAA25114 Page 5 of 8 DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 are sufficient to perform the duties under this Agreement is within the sole discretion of AOC. XI. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement shall only be amended by the agreement of thearties. Amendments ents are not binding unless provided in writing, authorized and signed by the individuals with the contractual capacity on behalf of each of the parties. XII. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in theerformance of t r p his Agreement eement shall continue to be employees or agents of that party and shall not be considered for any purposes to be employees or agents of the otherart . p Y XIII. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting t ng procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit b personnel d Y p my authorized by the AOC and the Office of the State Auditor, or so authorized by law, rule, regulation or agreement. The Court will retain all books, records, documents and other e material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized by this provision. XIV. RIGHTS OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or an of its officers, , or to any other authorized agent or Official of the State of Washington at all reasonable e times, in order to monitor and evaluate performance, compliance and/orualit assurance under this Agreement. q y XV. DISPUTES Disputes arising under this Agreement shall be resolved b a panel consisting of representative y p g one p esentat�ve from the AOC, one representative from the Court, and a mutually agreed reed upon third party. The dispute panel shall thereafter decide the dispute with the majority J y prevailing: Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. XVI. TERMINATION The AOC may, in its sole discretion terminate the agreement or withhold payments claimed by the Court for procured goods and services if the Court fails to satisfactorily comply with any term or condition of this Agreement. IAA25114 Page 6 of 8 DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 A. Termination for Convenience. Except as otherwise provided in this Agreement, either party may terminate this Agreement by providing written notice of such termination to the other party specifying the effective date thereof, at least five (5) business days prior to such date. If this Agreement is so terminated, the AOC shall be liable only for payment for the provisions of this agreement, completed and accepted prior to the effective date of termination. B. Termination for Cause. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure of violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. XVII. 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. XVIII. ASSIGNMENT The provisions of this Agreement, and any claim arising hereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party. Consent shall not be unreasonably withheld. XIX. 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 writing signed by an authorized representative of the party and attached to the original Agreement. IAA25114 Page 7 of 8 DocuSign Envelope ID: C89111 FC-A874-48C3-9519-07E5D795A5D1 XX. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference in this Agreement is held invalid, such invaliditydoes not affect the he other provisions of this Agreement. This Agreement can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. XXI. AGREEMENT MANAGEMENT The individuals mentioned below are responsible for and are the contact people for all communications regarding the performance of this Agreement: AOC Program Mana er Court Point of Contact Kyle Landry Desiree Ochocinski PO Box 41170 Olympia, WA 98504-1170 35 C St Kyle.landry@courts.wa.gov Ephrata, WA 98823 (360) 218 - 6096 dochocinski@grantcountywa.gov 509-754-2011 ext. 3128 XXII. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon b the r g p Y parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement g ent are considered to exist or to bind any of the parties to this Agreement unless otherwise stated in the Agreement. AGREED Washington State Administrative Office of the Courts Signature Christopher Stanley, CGFM Name Date Chief Financial and Management Officer Title COURT Signature Date Brian Barlow Name Title IAA25114 Page 8of8 Interagency Reimbursement Agreement IAA251 14 between District Court and Washington S Administrative Office of the Courts g tate Date:b. Z�2T ATTE Barbara J. Vasquez Clerk of the Board BOARD OF COUNTY COMMISSIONERS GRANT OUNT ,Wf HINGTON a Chair Danny St e, Vice -Chair Rob J es, ember