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HomeMy WebLinkAboutAgreements/Contracts - JuvenileY� K21-154 INTERAGENCY AGREEMENT IAA22132 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND GRANT COUNTY JUVENILE COURT FORTE SUPPORT OF THE c, /' GUARDIAN AD LITEM PROGRAM THIS AGREEMENT is made and entered into by and between the Washington State Administrative Office of the Courts (AOC), and Grant County juvenile Court (COURT). IT IS THE PURPOSE OF TMS AGREEMENT for the COURT to increase the number of children served by court-appointed special advocates (CASAs)1volunteer guardians ad litem as defined by RCW 13.34.030(l 1) in dependency matters or to reduce the average caseload of volunteers to recommended standards. Funds received by the COURT under this Agreement may only be used to supplement, not supplant, any other local, state or federal funds received by the COURT, STATEMENT OF WORK The COURT shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of managing a CASA/volunteer guardian ad litern program as defined in 1 13.34.030(12) to serve juvenile dependency cases, The COURT will ensure that the program and volunteers comply with the statutory requirements contained in RCW 13.34.100 -107. The COURT will submit reports to AOC detailing information about the number of children served and the number of volunteers. The CASA/Volunteer GAL 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 Resources> Court Management'and choose the "CASA Bi -Annual Report to AOC". Period Report Due 07/01/21 - 12/31/21 01/31/22 01 /01 /22 - 06/30/22 07/31/22 Failure to Submit a report by the due date may adversely affect state funding of the CASA/Volunteer GAL program. If you have questions, please contact the AOC Program Manager Sondra Hahn at Sondra.Hahn court .wa.gov 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 COURT as may exist or if terminated sooner as provided in this Agreement. IAA22132 CASANGAL Page I of 5'' PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $78,573• Payment for satisfactory performance of the work shadl 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. The Y COURT shall maintain sufficient backup documentation of direct casts under this Agreement, Costs will be reimbursed pursuant to CASA/Volunteer GAL Program Cost Guidelines Exhibit A). Allocated administrative court costs must be applied at a rate that is set forth and supported b �p y documented internal administrative rate plan that has been approved by the designated authority at the Superior Court and is readily accessible for review by ACC or the State Auditor. BILLING PROCEDURE The COURT will submit properly -completed Washington State form A-19 via email to AOC Financial services at MSl Fin ncialServices court . 'a, ov or to; AOC Financial Services PO Box 41172 Olympia, Washington 98504-1172 Payment to the COURT for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt: of both properly -completed invoices and the detailed information outlined in the CASA Monthly Detail Report (see Exhibit B attached and incorporated into this agreement). Ton expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. REVENUE SHARING AOC, in its sole discretion and upon notice, may reallocate fuming among state funded CASA/Volunteer GAL programs. If it appears the COURT may not expend the maximum contract amount, .AC C may reduce the maximum contract amount. AOC may increase the maximum contract amount if additional funds become available through this revenue sharing program. 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 parer in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both pasties, other personnel duly authorized by either party, the Office of the ,state Auditor, and federal officials so authorized by law. A!1' books, records, documents, and other material relevant to this Agreement will be retained for six years after expiation of the Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period• Records and ether 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 third parties without first IAA22132 CASANGAL mage 2 of 5 giving notice to the furnishing party and giving it a reasonable opportunity to respond. EXCEPT THAT, Bi -Annual Reports will be distributed to the Washington Association of Child Advocate Programs. 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. BACKGROUND CHECKS The COURT shall: 0 Ensure a criminal background check has been completed for all employees, CASAs /Volunteer GAS., and subcontractors who have access to children, prior to any access Linder this agreement pursuant to RCW 13.34.100(3)vj a Based on the results from the criminal background check, determine each employee, CASA/VolLinteer GAL, and subcontractor is suitable for access to children; The AOC will.* a Reimburse for CASA/Volunteer GAL criminal background checks, 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 parties. 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 contract is so terminated, the AOC shall be liable only for payment for work completed and accepted prior to the effective date of termination. 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 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. IAA22132 CASANGAL Page 3 of 5 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 member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties; however, nothing herein prohibits eitherparty from seeking judicial relief. 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 and any 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. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude thatparty from subsequent exercise of such rights and shall not constitute a waiver of any other rights 0 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. 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. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the AOC may terminate the Agreement under the "Termination for Convenience" clause, without the five (5) business day notice requirement, subject to renegotiation under those new funding limitations and conditions. AOC, at its discretion, may also elect to amend the Agreement to reflect a budget reduction without terminating the contract if all parties agree to the amendment, IAA22132 CASANGAL Page 4 of 5 DocuSign Envelope ID: 3CF71ADF-50C5-4341-B64E-AD388D9D069D 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 original shall be completed and sent to the other party, as applicable, when a scanned or facsimile copy has been signed. The parties agree that -signed facsimile or scanned copies of documents shall be given full effect as, if an original. 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 Agreement shall be deemed to exist or to bind any of the parties. 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',- ...AQC Program Manacaer Court Program Mana-cier Sondra Hahn Suhall Pallacios CoUrt Association. Juvenile Court Administrator PO Box 41170 308'Abel Rd, PO Box -818 01 .yrnp�a, WA 98504-1170 Ephrata, WA 98823-0818 Ep sondra.hah-n@courts.wa.gov spalacios@grantcountywa.gov- 360705-5276 509-754-5690 AGREED: Administrative Office of the Courts D o.cuSigned by: 9/14/2021 Ti ria ru Fe Date Grant County Juvenile Court Signat?tre�3t �1 Date Christopher Stanley 'cat 1 0-5 Name Name -Chief Financial & Management Officer zoV"i�c �ft j� J�t�,�yrtt�-p� Title Title 1AA221 32 CASANGAL Page 5 of 5 EXHIBIT A CASAIVOLUNTEEIR GAL PROGRAM COST GUIDELINES This document establishes the allowable cost guidelines for court-appointed special advocate (CASA volunteer GAL program 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. B. DEFINITIONS Volunteer Guardian ad Litem, As defined in RCW 13.34.030(1 I).- "Guardian ad liternif means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litern for all purposes and uses of this chapter. CASA/Volunteer Guardian ad Litern Program. As defined in RCW 13.3 4.030(12): "Guardian ad litern program" means a court -authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers. The legislature has previously stated that CASA/Volunteer GAL program funds are provided solely for court-appointed special advocate/volunteer GAL programs in dependency matters. The guidelines take into consideration the financial needs of a court working with court-appointed child advocates in dependency cases. These guidelines recognize the restrictions placed on CASA/Volunteer GAL program reimbursements and attempts to identify those costs that can and cannot be reimbursed. 1 . Court Project Manager Person designated by the court to manage the CASANolunteer GAL program contract according to its terms including report preparation, scope of work., and performance CASA Guidelines 7/2020 a Submits invoices and other required documentation in an accurate and timely manner 0 Keeps all supporting documentation for audit purposes for at least sDx, years after contract expires 2. AOG Project Manager 0 Acts as central point of contact with the court 0 Approves invoices and submitted supporting documentation for CASA/Volunteer GAL program reimbursement 0 Forwards cost and budget questions received from the courts to the AOC Comptroller G Reviews all reports required under the CASA/Volunteer GAL program agreement 3. Management Services Director Resolves policy and procedural issues related to CASA/Volunteer GAL program funding I e Determines CASA/Volunteer GAL program annual fund allocation based on monies received from the legislature; see Allocation Process section for allocation process details e Responds to cost and budget questions 0 Periodically audits Courts to ensure reimbursement requests are supported; see Audit Process section for audit procedures 5. Contract Manager 0 Drafts, reviews, and approves CASA/Volunteer GAL program agreements 0 Answers questions regarding compliance with the agreements a Provides advice on interpretation of agreement Audits Courts and AOC for compliance with CASA/Volunteer GAL program CASA Guidelines 7/2020 . staff/FT (salaries and benefits) Payroll record/time and attendance records related to the ASA/Volunteer GAL program must be Dept locally. if employee is not assigned fulltirne to working with the CASA/Volunteer GAL program then compensation reimbursement must be proportioned to the amount of time the employee works with the As /volunteer GSL program, and rust be documented by time and attendance records. NOTE: This does not mean that timesheets must be completed to trach the time spent. Document the process for determining the amount of time the person(s) spend on Cs/volunteer GAL duties. For example, keep trach of time for at least week and then determine the percentage to be charged. 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 CASA/volunteer GAL program and invoice must be approved b authorizing authority (i.e. court administrator or his or her delegate) before inclusion in reimbursement request. However, these documents do not need to accompanythe invoice to AOC. They should be readily available for audit purposes. Attorney— Invoice roust identify the specific case forwhich reimbursement is requested, hours worked, and the hourly rate that was charged; Reimbursement is only for the legal representation of the CASA/Volunteer GAL with regard to a specific case. There is no reimbursement for representation of a minor child. If the SA/volunteer GAL has legal representation there roust be a court order that: (1) states the need for the representation; and (2) identifies the attorney being appointed to represent the CASA/Volunteer GAL= These documents do not need to accompany the invoice to SOC. They should be readily available for audit purposes, 0 supplies o Actual Costs - Supplies should be necessary for the SA/Volunteer GAL program and may include consumable supplies. vendor invoices should be dept locally for audit purposes. * Costs Allocated by Internal Administrative Rate - Supplies may be allocated, but an internal administrative rate roust he documented and approved by the court administrator. This internal administrative rate CASA Guidelines 712020 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 also be on file locally. * Actual Costs — Reimbursement request does not need to 'Include the vendor invoice if directly related to the program; however, it must be kept locally. Any major purchase must be approved by AOC Project Manager prior to purchase. Major purchase is defined as purchase of anitern 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 maintenance costs. Vehicle and other high cost items are not allowable purchases. * The purchase of printers and laptops i's allowable within the existing contract allocation as long as the equipment is only provided to perform CASA/Volunteer GAL program 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. Reimbursement for attending the annual WACAP program or CASA program depending on the court's affiliation) and the Children's Justice Conference is provided, not to exceed the published AOC travel andper them rates. Any other paid training program where attendee is seeking reimbursement must be approved by the AOC Project Manager in advance of the training. 10 Travel/Expense Vouchers from staff or volunteers for travel expense reimbursement for child, witness, parent, or other interviews related to a case filed with the court to which volunteer or CASA/Volunteer GAL program staff was assigned. CASA/Volunteer GAL program staff or volunteer may also be reimbursed for travel to and from the annual WACAP program (or CASA program depending on the court's affiliation) and the Children's Justice Conference. Travel expenses to any other training programs must be pre -approved by AOC Project Manager, and reimbursement is limited to the published AOC travel andper them rates. CASA Guidelines 7/2020 * Supporting Documentation — All travel reimbursement requests must be kept locally for audit purposes. * All travel expenses must be within the travel costs permitted by the AOC at the time caravel. CASA Guidelines 7/2020 Each biennium, an appropriation is provided by the WA State Legislature to the AOC for Child advocate program Costs as reported by the Courts. Allocation of the funding I's based on Caseload data from each county for active DEP oases per year. The Caseload includes the following activity docket codes.- DEPENDENCY odes; DEPENDENCY PETITION DEPENDENCE` REVIEW HEARING DEPENDENCY REVIEW HEARING ORDER DISMISSAL HEARING DISPOSITION HEARING -USE FOR CA ETYPE 7 CASES ONLY FACT FINDING NEARING FACT-FINDING AND DISPOSITION HEARING FIRST DEPENDENCY REVIEW HEARING FIRST DEPENDENCY REVIEW! HEARING ORDER ORDER OF DEPENDENCY ORDER OF DISMISSALS ORDER OF DISPOSITION ORDER OF DISPOSITION ON DEPENDENCY ORDER ON REVIEW HEARING PERMANENCY PLANNING HEARING PERMANENCY PLANNING HEARING ORDER PETITION FOR. TERMINATION OF PARENT-CHILD RELATIONSHIP REVIEW HEARING SHELTER CARE HEARING: CONTESTED SHELTER CARE HEARING: UNCONTESTED TED SHELTER CARE ORDERS ORDER OF CONTINUANCES GENERAL ORDER. CODE The ACC Comptroller maintains n 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 DEP data is Collected, the data is loaded into the model which in turn uses a formula to create the statewide percentages by Count r The percentages are applied to the appropriation amount by fiscal year, thus producing the allocation amounts available to counties. CASA Guidelines 7/2020 The AOC Comptroller will periodically audit CASA/Volunteer GAL program reimbursement requests to ensure requests are supported. Each year, the AOC Comptroller will randomly select several courts/oou " nt�e for audit. On-site audits are not required by the State Auditor's office(SAO), but the AOC and AOC Comptroller reserve the right to schedule on-site audits if desired or required, The AOC Comptroller (or designee) will review payroll records invoices, travel vouchers, and any other records of expenses related to CASA/Volunteer GAL program reimbursement requests, The AOC Comptroller ill ensure that expenses detailed on any of these or other reimbursement request documents are supported by rewired approval and signature of appropriate county staff, and that the expenses detailed are i p n support of the CASA/volunteer GAL program in that county. Following this review, the AOC Comptroller (or designee) willp roide a signed report to the county and to the AOC CASA/Volunteer GAL ro ram audit fife cerifi� � , p n compliance with audit requirements. See nextp a e for sample report. CASA Guidelines 7/00 State of Washington Administrative Office of the Courts 1, [AOC Comptroller name], have reviewed the CASA/Volunteer GAL program reimbursement documents and supporting documentation provided by [county and county designee name] for the time period Fiscal Year [20XXI, and do hereby declare that: EJ Documentation is in compliance with CASA/Volunteer GAL nrograrn nost reimbursement requirements. I - El Documentation is not in compliance with CASA/Volunteer GAL program cost reimbursement requirements. The following corrective action must be takem, Summary1detail of corrective action and completion provided here. Signed AOC Comptroller/Designee Date nAprograms & o rga niza tions\waj c@\contracts\exh i bit a casa cost guidelines,docx CASA Guidelines 712020 CASANOLUNTEER GAL PROGRAM MONTHLY DETAIL REPORT EXHIBIT B Administrative Office of the Courts (submit monthly with A-19 invoice) 0 ADMINISTRATIVE Computer Set -Up CASA/WACAP Membership Dues Total STAFF/FTE Salaries Benefits Total $ CONTRACTS/ SERVICE DELIVERY Advertising Total $ GOODS/SERVICES - Supplies - Communication (Telephone/Postage) - Other (Computer/Licenses) Total $ TRAVEL - Mileage - Per Diem - Other (Registrations fees) Total $ GRAND TOTAL Date 2021 - �31 Suha?falcrtclos Juven*le COU rt Administrator EST: i V Dennv T -.."Stone, -Chair ce ES e6 B ar a 0 a r ara J, Vas. 'E, ll�llz rk of the Btodrd RO��_ 1 Member [IF APPS,.; CA a APproved as to form, Date, 2021 Rebekah Kayfo y SBA #53257 Civ'l Deputy Prosecuting Attorney