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HomeMy WebLinkAbout120511_ca06 Consent Agenda Juvenile Services Jefferson County Board of County Commissioners Agenda Request Date: Week of ~~ From: Board of County Commissioners Barbara L. Carr, Juvenile Court A mini To: Subject: Intersgency Agreement AOC and Jefferson County - CASA Funds ($25,300.00) Statement of Issue: Agreement for receipt of CASA funding to Juvenile and Family Court Services needs to be executed. Analysis: This Agreement reflects our intent to accept our allocation of statewide CASA dollars for the 2012 fiscal year. CASA dollars support our Title 13 volunteer guardian ad litem program. Alternatives: None Fiscal Impact: This revenue is included in my budget for 2012. Recommendation: That the Board approve the agreement and sign 3 originals. A fully executed original will be returned to the BOCC office upon final execution by AOC. Reviewed by: Philip Morley, County Administrator /I~~ t4 ""- ~ INTERAGENCY AGREEMENT IAA12065 between THE STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS and JEFFERSON COUNTY JUVENILE COURT THIS AGREEMENT is made and entered into by and between the State ofWasbington Administrative Office of the Courts, hereinafter referred to as "AOC," and Jefferson County Juvenile Court, hereinafter referred to as the "COURT." IT IS THE PURPOSE OF THIS AGREEMENT for the COURT to increase the number of children served by court-appointed special advocates (CASA's) in dependency matters or to reduce the average caseload of volunteers to reco=ended CASA 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 program to serve juvenile dependency cases. The COURT will ensure that the CASA program and CASA volunteers comply with the statutory requirements contained in RCW 13.34.100 and 102. The COURT will submit reports to AOC detailing information about the number of children served and the number of volunteers. The format of the report will be that provided in Exhibit A. Reports are due as follows: Period 07/01/11 - 12/31/11 01/01/12 - 06/30/12 Report Due 01/10/12 07/10/12 PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall co=ence on July 1, 2011, and be completed on June 30, 2012, unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms ofRCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $25,300 (twenty-five thousand three hundred dollars). 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 1M12065 Page 1 of 5 '" ~. BILLING PROCEDURE The COURT shall submit invoices on properly-completed Washington State formA-19 to: AOC Financial Services PO Box 41170 Olympia, Washington 98501 no more frequently than monthly. 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 Exlubit B. Upon 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 funding among state funded CASA programs. If it appears the COURT may not expend the maximum contract amount, AOC 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 party in 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 afrer expiration and the Office of the State Auditor, fedetal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this petiod. 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 third parties without fitst 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. BACKGROUND CHECKS The COURT shall: . Ensure a n-imin.l background check has been completed for all employees, CASA Volunteers, and subcontractors who have access to children, prior to any access under this agreement; IM12065 Page 2 of 5 . , . Based on the results from the ,,"mino! background check, determine each employee, CASA V olunreer, and subcontractor is suitable for access to children; . Follow the AOC process, provided by the AOC Program Manager, for processing background checks. The AOC will: . Pay for CASA Volunteer criminal background checks. . Provide CASA funding. 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. This clause does not apply to the provisions of the REVENUE SHARING section in this agreement. TERMINATION FOR CONVENIENCE Either party may t".",,;note this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of tenn;ngtion. 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 IM12065 Page 3 of 5 .... 'I:- not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the othet. DISPUTES In the event that a dispute arises undet this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one membet to the Dispute Boatd. The members so appointed shall jointly appoint an additional membet to the Dispute Boatd. 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 Boatd shall be final and binding on the parties. GOVERNANCE This Agreement is enteted into pursuant to and undet the authority granted by the laws of the state ofWasbington and any applicable federal laWs. The provisions of this Agreement shall be consttued 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 othet provisions of the agreement, including matetia1s incorporated by refetence. ASSIGNMENT The work to be provided under this Agreement, and any claim arising theteunder, is not assignable or delegable by eithet party in whole or in part, without the express prior written consent of the othet party, which consent shall not be unreasonably withheld. WAIVER A failure by eithet party to exercise its rights undet this Agreement shall not preclude that party from subsequent exetcise of such rights and shall not constitute a waivet of any othet rights undet 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 refetence shall be held invalid, such invalidity shall not affect the othet 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 ate declared to be severable. IAA12065 Page 4 of5 '"... , . j 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 contract and prior to normal completion, the AOC may terminate the contract under the ''Trnn;n~tion for Convenience" clause, without the 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 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 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 ALL WRITINGS CONTAINED HEREIN 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 hereto. CONTRACT MANAGEMENT The program tnanlIge! 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 Pro am M COURT Pro Man er Re . a McDo Barbara Carr, uv Court Admin PO Box 41170 1820 efferson St, POB 1220 01 ia, WA 98504-1170 Port Townsend, WA 98368-0920 360 705-5337 360-385-9190 It . a.M Do courts.wa. v bcarr co:effer on.wa.us IN WITNESS WHEREOF, the parties have executed this Agreement THE ADMINISTRATIVE OFFICE JEFFERSON COUNTY JUVENILE COURT OF THE COURTS Dirk Marler, Director Judicial Services Division Signature Printed Name Date Date Approved as to funn only: hi ZI}2.u1l Jefferson Co. Prosecutor' Office 1M 12065 Page 5 of 5