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HomeMy WebLinkAboutAgreements/Contracts - Juvenile/0 K21-165 THIS AGREEMENT 'is entered into by and between the Administrative Office of the Courts (AOC) and Grant County Juvenile Court (Contractor). PURPOSE The purpose of this Agreement is to engage the services of the Contractor to administer Truancy, Atli Youth and Child 'in Need of Services (Rocca rograms and services within its jurisdiction and according to the intent of the Becca legislation chapter 13.32A RCW. Funds received by the Contractor under this Agreement may only be used to supplement, not supplant, any other local, state or federal funds received by the Contractor. STATEMENT OF WORK The Contractor will administer Truancy, At Risk Youth (A ) and Child in Need of Services (CHINS) programs within the Contractor's jurisdiction pursuant to chapter 13.32-A, RCC. The Contractor shall submit summary reports to AOC documenting Rocca activities. These reports shall provide the number of petitions broken down as follows: a. CHINS petitions; b. ARY petitions; and, c. Truancy petitions. The Becca Bi -Annual Report to the Administrative Office of the Courts shall be submitted electronically. The required form for bi-annual reporting, which is incorporated in this agreement, is located on the Inside Courts website under Court Re our Court Management and choose the "Barna BI -Annual Report to AOC". Period Report Due 07/01/21 - 12/31/21 01/31/22 01/01/22 -0/o/ 07/31/22 Failure to submit a report by the due date may adversely affect state funding of the Bucca program. If you have questions, please contact the AOC Program Manager Sondra Hahn at Sondra.Hahn(@,ccurt s.w or (360) 705-5276. PERIOD OF PERFORMANCE The execution of this Agreement shall constitute a ratification of an earlier verbal agreement between the parties that is now set forth in writing. Accordingly, the beginning date of performance under this Agreement is July 1, 2021 regardless of the date of execution and it shall end on June 30, 2022, except for any remaining obligations of the Contractor as maexiSt.. IAA22095 Page I of 5 a. Contractor shall be reimbursed a maximum of $93,457 for costs incurred during the period of performance. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in writing, except as governed by the REVENUE SHARING section of this agreement. b. Contractor shall receive payment for actual costs (within the amount identified) which are associated with the processing and case management of CHINS, ARY and Truancy referrals/petitions,. Contractor shall use Exhibit A MECCA Cost Guidelines (attached and incorporated into this agreement) as aguide for determining what costs should be reimbursed. c. Contractor shall not be reimbursed until properly -completed monthly A-19 invoice and Becca Monthly Detail Report (see Exhibit B attached and incorporated into this agreement) is received and approved by AOC. d. If this agreement is terminated, Contractor 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. e. Contractor shall submit 'Invoices to AOC monthly. f. Payment will be made by the AOC upon receipt of a properly -completed Washington State form A-1 9 and Becca Monthly Detail Report. Invoices are to be sent via email to AOC Financial Services at MSDFfinancial services @courtswa.2ov or to: AOC Financial Services, PO Box 41172, Olympia, WA 98504-1172. AOC will remit payment to the Contractor in a total amount not to exceed the value of this contract. g. Payments will be considered timely if made by the AOC within 30 days of receipt of a properly prepared 'invoice by the AOC or receipt of satisfactory services, whichever is later. h. Contractor shall maintain sufficient backup documentation of direct costs expenses under this Agreement. i. Allocated administrative Court costs must be applied at a rate that is set forth and supported by a documented internal administrative rateplan that has been approved by 41 the designated authority at the Superior Court and is readily accessible for review by AOC or the State Auditor. REVENUE SHARING AOC, in its sole discretion and upon notice, may reallocate funding among county Becca programs. If it appears Contractor may not expend the maximum contract amount, AOC may reduce them aximum contract amount. AOC may increase the maximum contract amount if additional funds become available through this revenue sharing program. OTHER PROVISIONS FOR SERVICES a. Background Check/Criminal History In accordance with Chapters 110-700 WAC, and 43.20A RCK the Contractor is required to conduct background check/criminal history clearance for all employees, subcontractors and/or volunteers who may or will have regular access to any client/juvenile, prior to any access under this Agreement, IAA22095 Page 2 of 5 In addition, Contractor may be required to conduct background check/criminal history clearance for employees, Subcontractors and/or volunteers who may or will have limited access to any client/juvenile, prior to any access under this Agreement. The Contractor shall, based on the results from the criminal background check, determine whether each employee, volunteer, and subcontractor is suitable for access to clients/juveniles. Contractor shall affirmatively acknowledge that it has met these requirements and submit that acknowledgement to AOC. Contractor shall also document the background check/criminal history clearance process it employs.. b. Sexual Misconduct Contractor shall ensure that all employees, subcontractors and/or volunteers are knowledgeable about the requirements of RCW 13.40.5 70 and of the cris es. set forth in Chapter A. RCW, "Sexual Offenses." RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either partyin the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors, ny and apersons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any thirdparties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. 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. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the IAA22095 Page 3 of 5 parties. This clause does not apply to the provisions of the REVENUE SHARING section in this Agreement. TERMINATION 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 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 work completed and accepted prior to the effective date of termination. b. Termination for Cause If 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, theaggrieved 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 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other party. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional mernbor to the Dispute Board. The Dispute Board shall review the facts, agreement terms andapplicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto, 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 shall be construed to conform to those laws. In the event of an 'inconsistency in the terms of this Agreement, or between its terms andany applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the Agreement including materials incorporated by reference, 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. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the of date of this Agreement and prior to normal completion, the AOC may terminate the Agreement under the "Termination for Convenience" clause, without the five day notice requirement, subject to renegotiation under those new funding limitations and conditions. AOC, at its discretion, may also elect to amend theAgreement to reflect a budget reduction IAA22095 Page 4 of 5 DocuSign Envelope ID: 68F53234-E041-4372-B28B-5802653BC7F1 without terminating the contract as long as AOC gives notice of the budget reduction to the other party and the other party agrees to the amendment. The other party understands that refusing to agree to a budget reduction amendment will necessitate termination of this agreement. COUNTERPARTS Each party agrees that a facsimile (FAX) or scanned transmission of any original document shall have the same effect as the original. Any signature required on an origin I shall be completed I I gina. and sent to the other party, as applicable, when a facsimile copy has been signed. The parties agree that signed facsimile or scanned copies of documents shall be given full effect as if an 01 A original. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Project Manager Contractor Project Manager Sondra Hahn Suhall Pallacios Court Program Analyst Juvenile Court Administrator PO Box 41170 303 Abel Rd, PO Box 818 Olympia, WA 98504-1170 Ephrata, WA 98823-0818 sondrail ahn@courts.wa,gov spalac*los@grantcountywa.gov 509-764-6690 ... .. ...... ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties, No other understandings, oral or otherwise, regarding the subject matter of this contract shall be considered to exist or to bind any of the parties to this Agreement unless otherwise stated in this Agreement. A 0 0 r—Docuftned by: 10/21/2021 L Sijhature Date Christopher Stanley, Name 44!�� Signalure Date 1-u Name Chief Financial and Mana0ement Officer A*," "it taMmbr Title Title IAA22095 Page 5 of 5 EXHIBIT A BECCA COST GUIDELINES This document establishes the allowable cost guidelines for Becca reimbursements. It also sets forth the required documentation needed to support a reimbursement request. This supporting documentation needs to be retained at the local level and should not be submitted to AOC. Becca allowable costs are only those costs associated with ``processing and case management of truancy, children in need of services, and at -risk youth referrals." See ESSB 5092 Section 115 (2)(a) and (b) (2021). The guidelines below take into consideration the financial needs of courts for processing and case management of Becca referrals and allows for reimbursement -for expenses related to such activities. These guidelines are consistent to the legislative restrictions and guidelines placed on Becca funding. 1. Court Project Manager Person designated by the court to manage the Becca contract according to its terms including report preparation, scope of work, and performance Submits invoices and other required documentation in an accurate and timely manner Keeps all supporting documentation for audit purposes for at least six years after contract expires 2. AOC Project Manage] e Acts as central contact with the court 0 Approves invoices and submitted supporting documentation for Becca reimbursement Forwards cost and budget questions received from the Courts to the AOC Comptroller Reviews all reports required under the Becca agreement 3. Management Services Director Resolves policy and procedural issues related to Becca funding BECCA Guidelines 9/2021 1 Determines Becca annual fund allocation based on monies received from the legislature; see Allocation Process section for allocation process details * Responds to cost and budget questions * Periodically audits Courts to ensure reimbursement requests are supported; see Audit Process section for audit procedures 0 Drafts, reviews, and approves Becca agreements 0 Answers questions regarding compliance with the agreements 0 Provides advice on interpretation of agreement e Audits Courts and AOC for compliance with Becca WWI 1. StaffIFTE (salaries and benefits) a Judicial Officer (Le. judges, commissioners, and pro tens) - Time records and dockets regarding Becca processing and case management must be kept locally. A judicial officer computation rate will besupplied by AOC, and will be the same for all superior court judges or pro terns hearing Becca cases. The reimbursement for the judge or pro tem can only be for half the judge's hourly salary. If the judicial of is a commissioner, reimbursement will be for a commissioner rate supplied by AOC or the actual cost, whichever is less. Other court staff (e.g. clerks, court project managers, Becca counselors or case managers, office staff) payroll record/time and attendance records related to the processing and case management of a Becca referral must be kept locally. If the employee is not assigned fulltime to Becca then compensation reimbursement must be proportioned to the amount of time the employee processes Becca referrals and must be documented by time and attendance records, NOTE- This does not mean that timesheets must be completed to track the time spent on Becca. Document the process for determining the amount of time theperson(s) spend on Becca duties. For example, keep track of time for at least a week and then determine the percentage to be charged. An Administrative Rate is allowed but an internal administrative rate must be documented and approved by the court administrator. This internal administrative rate must be documented with the formula used to MECCA Guidelines 9/2021 2 determine the rate. Documentation must be on file locally and available to AOC and State Auditor. The vendor invoices must also be on file locally. General - Detailed vendor invoice to include detailed description of work performed, contract number, hours, and hourly rate or time and attendance cards must be kept locally. All work must be related to the filing, processing, case management, or direct services related to Becca cases and invoice must be approved by authorizing authority (Le. court administrator or his or her delegate) before inclusion in reimbursement request. However, these documents do not need to accompany the invoice to AOC. They should be readily available for, dit purposes. Defense Attorney — Invoice must identify the specific Becca cases for which reimbursement is requested, hours worked, and the hourly or flat rate that was charged. These documents do not need to accompany the invoice nvoice to AOC. They should be readily available for audit purposes. Prosecutor - Invoice to include a breakdown of billable hours/rates working on filed Becca cases or invoice based on a per Becca petition cost to process along with rationale and explanation on how petition cost was determined. These documents do not need to accompany the invoice to AOC. They should be readily available for audit purposes. e Supplies * Actual Costs - Supplies should be necessary for Becca case processing or management and may include consumable supplies. Vendor invoices should be kept locally for audit purposes. * Costs Allocated by Internal Administrative Rate - Supplies may be allocated, but an internal administrative rate must be documented and approved by the court administrator, This internal administrative rate must be documented with the formula used to determine the rate. Documentation must be on file and available to AOC and State Auditor, The vendor invoices must be on file locally. Actual Costs - Reimbursement request does not need to include the vendor invoice if directly related to Becca; however, it must be kept locally and equipment is used solely for case processing or management. Any major purchase must be approved by AOC Project Manager prior to purchase. Major purchase is defined as purchase of an item where the cost 'is greater than $500 or where the service/maintenance period on the equipment is greater than one year and could exceed $500 in total BECA Guidelines 9/2021 3 maintenance costs. Vehicle and other high cost items are not allowable purchases. The purchase of printers and laptops is allowable within the existing contract allocation as long as the equipment is only provided top erform Becca work, Costs Allocated by an Internal Administrative Rate — Equipment costs may be allocated, but reimbursement request must be documented by an internal administrative rate specific to the court and approved by the court administrator. The internal administrative rate documentation must be on file and available to AOC and State Auditor. The vendor invoice must also be on file. 5. Trainl*nf Reimbursement for attending the annual Becca Conference is provided, not to exceed the published AOC travel and per them rates. Travel/Expense Vouchers for travel to and from the annual Becca Conference and services specifically related to Becca caseprocessing or management. Reimbursement is limited to the published AOC travel and per them rates. * Supporting Documentation All travel reimbursement requests must be Dept locally for audit purposes. * All travel expenses must be within the travel costs permitted by the AOC at the time of travel. Verification of detention days ordered and days served. Rate for detention costs cannot be billed at a daily rate that is higher than that charged to othercourts purchasing beds nor should they beigher than the if actual" daily detention costs. If billing occurs based on a daily rate, records of actual costs should be kept on file to substantiate daily rate. If a rate is used for billing, the rate calculation must be kept locally for audit purposes, BECCA Guidelines 9/2021 4 Each biennium, an appropriation is provided by the WA State Legislature to the AOC to offset the costs associated with the processing and case management of Becca referrals. The appropriations are provided from the State General Fund (G) as proviso, and are partitioned by fiscal year. In the 2021-2023 Biennium, the amounts provided were $7 millionper fiscal year. Allocation of the funding 'is based on caseload data from each county for CHINS, ARY, and Truancy filings. The CHINS and ARY filing data 'is available through the AOC online caseload reports. Truancy data is researched and uploaded by the AOC Comptroller. The AOC Comptroller maintains an allocation spreadsheet (model) that utilizes this caseload data to create a percentage of total statewide filings for each county, based on a moving average of three-year filings of each case type. After updated CHINS, ARY, and Truancy data is collected, the data is loaded into the model which in turn uses a formula to create the statewide percentages by county. The percentages are applied to the appropriation amount by fiscal year, thus producing the allocation amounts that are available to counties. The formula is developed according to provisions set forth in the 2021-2023 omnibus operating budget. Specifically the operating budget states, in part: "The administrator for the courts, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution fon-nula. The formula must neither reward counties with higher than average per- petitionlreferral processing costs nor shall it penalize counties with lower than average per-petitionlreferral processing costs." BECCA Guidelines 9/2021 5 The AOC Comptroller will periodically audit court B cca reimbursement requests to ensure requests are supported, Each year, the AOC Comptroller will randomly select several courts/counties for audit. Ori -site audits are not required by the StateAuditor's Office(SAO), but the AOC and AOC Comptroller reserve the right to schedule on-site audits if desired or required, The ACC Comptroller (or designee) will review payroll records, invoi e travel vouchers, and any other records of expenses related to Becca reimbursement requests. The AOC Comptroller will ensure thatp eases detailed on any of these (or other) reimbursement request documents are supported by required approval and signature of appropriate county star and that the expenses detailed are in support of Becca in that county. Following this review, the AOC Comptroller or designee will contact the court If reimbursement requests) do not meet the criteria and file the attached report in the AOC Becca audit file, See nexta for sample p a rr pl .� r p r. BECCA Guidelines 9/2021 State of Washington Administrative Office of the Courts 1, [AOC Comptroller name], have reviewed the Becca reimbursement documents and supporting documentation provided by [county and county designee name] for the time period Fiscal Year [20X , and do hereby declare that: 0 Documentation is in compliance with Becca cost reimbursement requirements. El Documentation is not in compliance with Becca cost reimbursement requirements. The following corrective action must be taken: Summaryldetail of corrective action and completion provided here. Signed AOC Comptroller/Designee Date nAprograms & organ izations\wajca\contr@ctsINexhIb it a becca cost guidelines 2021.docx BEC CA Guidelines 912021 7 BECCA MONTHLY DETAIL REPORT Exhibit B Report Administrative office of the Courts (submit monthly with A-19 invoice) EFAM I COURT: MONTH/YEAR: STAFF/FTE - Judicial officer salary & benefits - Other court staff salary & benefits Total $ PROFESSIONAL SERVICES - General vendor services - Defense attorney - Other (specify) Total $ GOODS - Supplies - Communication (Telephone/Postage) - Other (Computer/Licenses) Total $ EQUIPMENT Computer Set -Up Other (specify) Total $ TRAINING - Becca-specific Total $ TRAVEL - Mileage - Per Diem Total $ DETENTION - Daily rate detention costs or actual costs Total $ GRAND TOTAL $ 1wajCakcontracts\exhibit b - becca monthly detail report.xls Real WOMWAM Date 2021 Slih-ciff P l ios, juvenfle Cow Administrator Barb ra Viesqu Ce r O),the Boar [IF APPLICABLE, t Approved as to form, Date �OC e 7 �, 2021 Rebekali Kul SBA 453257 CI'vl'l Deputy Proseo-Lifing Attorney Danny E Store, Vice- hair anny E ember