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HomeMy WebLinkAboutAgreements/Contracts - 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 suanniTTED BY: Desiree Ochocinski DATE:08/29/2025 PHONE: 509-754-2011 ext 3128 CONTACT PERSON ATTENDING ROUNDTABLE: DeSIfE@ Ochocinski or Brittany B@VI@t' CONFIDENTIAL INFORMATION: OYES *NO Imej i 1*01 Lu 11 1 an F-jLT1 a a 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 ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders M Grants — Fed/State/County Ell -eases ❑ 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 S-t-IGGESTED ORD NG FOR AG ENDAcost Request for Judge Gwinn to sign Interagency Reimbursement Agreement between WA AOC Agreement AOC2566 and Grant County District Court. Reimbursement not to exceed $14,700.00 during the period from July 1, 2025 to June 30, 2026 If necessary, was this document reviewed by accounting? 0 YES ❑ NO ❑ N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A V1 c7 Phi av DATE OF ACTION:y` APPROVE: DENIED ABSTAIN D 1: D2: - D3: DEFERRED OR CONTINUED TO: 4/23/24 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 WASHiNGTON COURTS INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AOC2566 AND GRANT COUNTY DISTRICT COURT 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 District Court , referred to as "Court". The AOC and the Court may be referred to individually as a "Party" and collectively as the "Parties". 1. PURPOSE The purpose of this Rural Court Security Program Agreement is to provide reimbursement of a percentage of overall court security costs in order for the Court to comply with the Trial Court Security criteria established in GR36. THEREFORE, IT IS MUTUALLY AGREED THAT: 2. STATEMENT OF WORK The Court shall: AOC will reimburse the Court up to a maximum of for costs incurred from July 1, 2025 to June 30, 2026 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. 3. ACCEPTANCE Upon Court submission of A19, AOC Program Manager will review information contained within to ensure itemized invoice reflects costs as per language stated in sections 6 and 8 of this agreement. REV June 2025 AOC2566 Page 1 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 4. 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. 5. COMPENSATION AOC will reimburse the Court a total compensation not to exceed $14,700.00 for reimbursements made during the period from July 1, 2025, through June 30, 2026, related to the purpose of this agreement. Reimbursement will occur at the established reimbursement rate of 80% of incurred costs unless otherwise approved by AOC. Reimbursements count towards the Court's total reimbursement limit or the total amount 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. 6. 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. All goods, services and equipment must be performed, received, and delivered by June 30, 2026. Anything beyond this date will be considered ineligible. B. Eligible Use of Funds Security Equipment: AOC will reimburse the Court at the established reimbursement rate under this Agreement for the cost of purchasing and installing security equipment in the following categories: 1. Security screening equipment, which includes: Walk-through metal detectors, handheld metal detectors, and X-ray machines if a court has a Court Security Officer on -site. 2. Security Cameras 3. Entry alarm systems. 4. Duress or Emergency broadcasts systems. 5. Infrastructure upgrades including access control, window security films, active shooter lockdown tools, and similar enhancements involving changes to the structure of the building 6. Weapon storage lockers to comply with RCW 9.41.300. 7. If an item is not listed in the above 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. REV June 2025 AOC2566 Page 2 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 C. Services Supporting Court Security Equipment: AOC will reimburse the Court at the established reimbursement rate under this Agreement for the cost of the following services to support court security: 1. Software licenses for security equipment. 2. Labor costs associated with installation of security equipment. 3. Maintenance of security equipment. D. 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: 1. Be specific to the training the court needs (e.g. Active Shooter training, De- escalation training, etc.) 2. Address security -related topics. E. Court Security Services AOC will reimburse the court at the established reimbursement rate under this Agreement for the cost of Court Security Officers. This reimbursement counts towards the court's overall total reimbursable amount of this Agreement. 1. Court Security Officers must be contracted and in compliance with RCW 18.170. 2. Licensing exemptions for sworn peace officers should comply with RCW 18.170.020. 3. All other Security Officers must comply with licensing requirements contained in RCW 18.170. 4. Reimbursement amount will cover hours worked only. 5. 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. F. Ineligible Use of Funds. Security Equipment Security costs that meet the criteria below will not be reimbursed: 1. Equipment and services not approved on the Agreement unless approved in writing by the AOC. 2. Court staffing or administrative costs. 3. X-ray machines unless the Court has a Court Security Officer available for entry screening. Security Services 1. Contracted Court Security Officers not compliant with RCW 18.170. 2. Personal equipment for Court Security Officers. 3. Court Security Officer's benefits. REV June 2025 AOC2566 Page 3 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 7. 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 (A19). 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 /2025-12/31 /25 Initial Implementation Report 01 /31 /2026 01 /01 /2026-06/30/2026 Final Report 07/30/2026 Reports shall be submitted to AOC Program Manager; kyle.landry@courts.wa.gov. Failure to submit a report by the due date may adversely affect the Court's eligibility for future funding. 8. INVOICES, BILLING, PAYMENT The Court will submit properly prepared itemized invoices via email on an Al form to AOC Program Manager. All A19s shall provide and itemize, at a minimum, the following: • Contract Number: AOC2566 • Court name, address and phone number • Description of Reimbursement • Date(s) Services were provided • Receipt(s) if applicable • Total Reimbursement A. The Court shall submit invoices to AOC for expenditures no more frequently than monthly, and no less frequently than quarterly. B. The Court is responsible for paying the entire up -front cost of the equipment and services. AOC will reimburse the Court at the established reimbursement rate in section 5. Reimbursements count towards the Court's total reimbursement limit or the total amount of this agreement for costs incurred. REV June 2025 AOC2566 Page 4 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 C. The total cost may be spent in all categories in section 6 at the court's discretion as long as costs are compliant with 6.17. Substitutions for similar equipment or services shall be allowed if it fulfills 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. F. The Court shall maintain sufficient backup documentation of expenses under this Agreement. G. Incorrect or incomplete invoices shall be returned by AOC to Court for correction and reissuance, and may result in delays in funding. H. 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 account for and demonstrate 100% of eligible costs to be reimbursed at the established reimbursement rate. I. 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. J. Final reimbursement requests must be received by AOC no -later than July 13, 2026. K. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by the AOC. L. 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. Payment will be considered timely if made by the AOC within thirty (30) calendar dates of receipt of a properly prepared Al 9. No Al shall be submitted until after a deliverable has been accepted by the AOC Program Manager. 9. 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 July 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 Statement of Work, 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 to the AOC program manager no later than July 13, 2026. REV June 2025 AOC2566 Page 5 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 10.AGREEMENT MANAGEMENT The Program Manager and Court 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 Court Program Manager Kyle Landry Desiree Ochocinski PO Box 41170 35 C Street Olympia, WA 98504-1170 Kyle.landry@courts.wa.gov Ephrata, WA 98823 (360) 704-4043 dochocinski@grantcountywa.gov (509) 754-2011 ext 3128 11. RECORDS, DOCUMENTS, AND REPORTS A. Records Retention. The Court 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 court will retain all books, records, documents, and other material relevant to this contract as required, a minimum of six (6) 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. 12. 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. REV June 2025 AOC2566 Page 6 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 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. 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. REV June 2025 AOC2566 Page 7 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A154F9B09 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 Court 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. In the event of termination or suspension, AOC will reimburse eligible costs incurred by the Court through the effective date of ter ' mination or suspension. Reimbursed costs must be agreed to by AOC and the Court. 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 Court a minimum of seven (7) calendar days before the suspension date. Court 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. REV June 2025 AOC2566 Page 8 of 9 Docusign Envelope ID: 50BA65E0-D04E-47ED-8665-B77A1 54F91309 EXECUTED AND EFFECTIVE as of the day and date first above written. WASHINGTON STATE ADMINISTRATIVE Grant County District Court OFFICE OF THE COURTS Signature Christopher Stanley CGFM Name Date Chief Financial & Management Officer Title Signature Date Brian Gwinn Name Judge Title REV June 2025 AOC2566 Page 9 of 9 FINANCIAL REQUEST Requestor D. OCHOCINSKI Requestor's Department DISTRICT COURT Date 8.26.2025 Fund # & Dept of Request 1.102 Capital Asset Approval No Budget Extension Yes Establish/Close Fund No Cash Transfer No NOTIFICATION TO BOARD OF UPDATED GRANT AGREEMENT FOR JULY 2025 TO JUNE 2026: WA Courts AOC Agreement AOC2566 AOC will reimburse the County a % of cost related to Court Security Costs that are reuqired by Trial Court Security established in General Rule 36. The period of Costs is July 1, 2025 to June 30, 2026, costs include goods/services and equipment related to improving security in the courts. Total project upfront cost 22K reimbursement $14,700. Total unreimbursed cost $7,300. District Court is requesting the costs be paid for by Trial Court Funds (127.169) and the reimbursement by AOC will be remitted back to that fund. CAPITAL ASSET PURCHASE APPROVAL BUDGET REQUIREMENT Additional Expense 22,000 Additional Revenue 22,000 Additional Cash Requirement - ® o Additional Funding Source Grant funding Capital Facility Related No Grant Funded Partially; explain in notes BUDGET EXTENSION REQUEST Fund Name Revenue code/s Account Description Amount TRIAL COURT IMPROVEMENT 127.169.00.0000.3340120 SATE AWARD FROM JUDICIAL AGENCY Fund Name Expense code/s Account Description Amount TRIAL COURT IMPROVEMENT 127.169.00.0000.512403500 EQUIPMENT TRIAL COURT IMPROVEMENT 127.169.00.0000.512403100 GOODS & SERVICES CASH TRANSFER REQUEST FORWARD TO ACCOUNTING FOR APPROVAL - APPROVED FORMS WILL BE RETURN TO DEPT FOR SUBMISSION TO BOCC FUND CASH SUMMARY Notes: Trial Court is likely to require a BUDGET Extension if it is approved to expend those funds for Court Security Improvements; however, it can be Beginning Cash 3841770 done at year-end w/any other funds that require it. Expense Bdgt (w/amendments) 68,000 Expense Ext. Requested Budget Hearing: As necessary Revenue Bdgt (w/amendments) 68,000 Resolution Required: As necessary Revenue Ext. Requested (excl 308) Estimated Ending Cash 384,770 Reviewed By: Mandy Kim, CFO