HomeMy WebLinkAbout071315_ca05Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Keith Harper
DATE: July 13, 2015
SUBJECT: AGREEMENT re: Children's Representation Program; In the Amount of up
to $375 per case per quarter; Jefferson County Superior Court; State of
Washington Office of Civil Legal Aid
STATEMENT OF ISSUE:
Children's Representation Program; In the Amount of up to $375 per case per quarter; a contract for
reimbursement of county costs for appointed counsel between Jefferson County
Superior Court and the State of Washington Office of Civil Legal Aid
ANALYSIS:
The County currently has a contract with the Office of Civil Legal Aid which allows us to receive
reimbursement at a rate of no more than $375 per quarter to defray the cost of assigning counsel to represent
children in the dependency process who have been legally free for six months (parents' rights terminated)
without a guardianship or adoption resolving the dependency case. Since July 1 of 2014 we are required by
law to assign counsel to represent such children, whether the county is reimbursed or not. OCLA has asked
us to extend the existing contract for 90 days to allow them to transition to a direct - payment -to- attorneys
model. This bridge is necessitated by the delay in passing a state budget for 2015 -2017.
RECOMMENDATION:
Since extending the contract will allow us to continue to receive reimbursement pending OCLA's
implementation of their new disbursement model, common sense dictates that we would agree to extend the
terms of the current contract.
REVIEWED BY:
Philip Morley ounty Administrator Date
P
H 9PT i01.
Washington State Office of Civil Legal Aid
1206 Quince St. SE
Olympia, WA 98504
MS 41183
360 - 972 -5794
To: Children's Representation Contract Manager
From: Jill Malat, Children's Representation Program Manager
Re: Transition to Individual Contracting
Date: June 8, 2015
Jill A. Malat
Children's Representation
Program Manager
jill.malat@ocla.wa.gov
First, thank you for your help in standing up the new Children's Representation Program this
past year. As you know, we were given short notice and little funding to bring this on line, and
we could not have done so without your support and assistance. Thanks to you, attorneys are
effectively representing legally free children in Jefferson County and delivering great results.
I write to advise about our approach in the coming year. We have previously shared our intent to
move away from the county -based model for contracting and move to a direct contracting model
with attorneys and agencies. The Legislature agrees with this approach and will include
language in the final budget directing that we implement this new contracting model by January
1, 2016.
We are committed to moving more quickly than that. In fact, we had hoped to be prepared to do
so by July I" of this year. But we lack budget authority to take the necessary steps to do so.
Practically speaking, the Legislature's failure to enact a budget on time has put us two months
behind our intended schedule.
So where are we? Assuming the budget is approved prior to June 30`h, we will move to hire a
contracts manager and secure a contracts management system that will allow us to enter into and
track performance under individual contracts. Unfortunately, this will take some time.
As such, we are hereby requesting your agreement to a one -time, ninety -day extension of your
contract with the Office of Civil Legal Aid. This would carry the contract through and including
September 30, 2015. This 90 day period will allow us to complete the tasks necessary to
contract directly with attorneys and have those contracts in place so a smooth transition can be
accomplished effective October I". A draft agreement is attached.
I thank you in advance for whatever support you can help in ensuring the effective transfer of
responsibilities. Please call me with any questions.
AGREEMENT TO EXTEND PSC 15212
The undersigned authorized representatives of Jefferson County and the Office of Civil Legal
Aid, hereby agree to extend the terms and conditions of PSC 15212 through and including
September 30, 2015. All other provisions of said agreement shall remain in force.
Date: 7113 IJ
L fHt y ,So n County
By:-
Date: �'z 9//br
OFFICE OF CIVIL LECIAL AID
James A.
AGREEMENT TO EXTEND PSC 15212
The undersigned authorized representatives of Jefferson County and the Office of Civil Legal
Aid, hereby agree to extend the terms and conditions of PSC 15212 through and including
September 30, 2015. All other provisions of said agreement shall remain in force.
Date:
County
Date:
ZO form O�*
OFFICE OF CIVIL LEGAL AID �1) '7/6
1,r.L�
leffcrson Co. Prosecutor' tce
David Alvarez, Chief Civil DPA
By: C Si':FT� C 71
James A. Bamberger, Director
d1D -7.11
INTERAGENCY AGREEMENT IAA
between
STATE OF WASHINGTON
OFFICE OF CIVIL LEGAL AID
and
COUNTY
THIS AGRE MENT is entered into by and between the Office of Civil Legal Aid (OCLA) and
County ( "County "), for the purpose of reimbursing County for allowable
expenses associated with attorneys appointed to represent certain children in dependency
proceedings pursuant to 2ESSB 6126 (Laws of 2014, Ch. 108).
1. DEFINITIONS
For purposes of this contract, the following definitions shall apply:
a. "Children's Attorney" means an attorney, licensed to practice law in the state of
Washington, who has been identified by OCLA as capable and willing to provide
effective legal representation for children in dependency cases consistent with the
standards referenced in section 2(6) of 2ESSB 6126.
b. "Children's Representation Program Manager" means the employee assigned by OCLA
to manage and oversee the program pursuant to which state funding is made available to
reimburse County for legal representation that is conducted consistent with the practice,
caseload and training standards referenced in section 2(6) of 2ESSB 6126.
C. "Counts" means the entity and associated officials (elected or appointed), employees or
contractors with responsibility to assign and pay for attorneys to represent children in
dependency cases filed under chapter 13.34 RCW.
d. - "OCLA- Approved Agency" means an agency or law firm that OCLA deems to have
established a sufficient system to train, supervise and support its attorneys to
consistently provide effective legal representation for children in dependency cases
consistent with the standards referenced in section 2(6) of 2ESSB 6126.
2. PURPOSE
The parties recognize that effective July 1, 2014, judicial officers presiding in juvenile court
dependency proceedings are required to appoint an attorney to represent children in such
proceedings cases six months following termination of all parental rights. The parties further
recognize that, consistent with section 2(6)(c)(ii) of 2ESSB 6126, the judicial officer may appoint
a single attorney to represent members of a sibling group, unless it is determined that a conflict
of interest exists or other reasons preclude common legal representation per the Rules of
Professional Conduct.
The purpose of this Agreement is to reimburse County for expenses associated with
appointment of attorneys to represent children who remain legally free and subject to the
jurisdiction of the juvenile court six months following termination of the legal rights of all
parents. In order to be eligible for state reimbursement, such representation must comply with
practice, caseload (as modified by section 2(6)(c)(ii)) and training standards developed by the
Children's Representation Work Group established by chapter 5, section 180, Laws of 2010.
IAA 15' Page 1 of 7
3. DESCRIPTION OF SERVICES TO BE PROVIDED BY COUNTY
a. By July 1, 2014, County, working with the Children's Representation Program Manager
if needed by the County, will review all pending dependency cases and provide the
Children's Representation Program Manager with an accurate number of cases for
which attorneys will be requited to be appointed pursuant to section 2(6) of 2ESSB
6126.
b. The County will ensure that, where possible and consistent with the requirements of
2ESSB 6126, attorneys are appointed in qualifying cases from a list of Children's
Attorneys identified and approved by OCLA or attorneys affiliated with OCLA-
Approved Agencies. In the event the County is unable to appoint a Children's Attorney
or an attorney affiliated with an OCLA- Approved Agency, the County may appoint
another attorney, if the attorney:
i. Agrees in writing to provide legal representation consistent with the practice
and training standards referenced in 2ESSB 6126;
ii. Has a total caseload (contract and private) that does not exceed the equivalent
of eighty full representation children's cases, involving no more than sixty
cases(including members of sibling groups);
iii. Agrees to participate in OCLA's case activity and outcome tracking
requirements and use OCLA's Case Activity, Reporting and Oversight System
(CAROS);
iv. Agrees to participate in an OCLA - sponsored webinar for children's attorneys
which will be conducted by the Court Improvement Training Academy at the
University of Washington School of Law prior to October 1, 2014;
v. Agrees to participate in a regional training for children's attorneys conducted by
the Court Improvement Training Academy at the University Of Washington
School Of Law in the spring of 2015 and further trainings as appropriate and
consistent with applicable training standards.
vi. Maintains professional liability insurance with minimum coverage limits of not
less than $500,000 per claim and $1,000,000 in aggregate liability.
c. Within 30 days following the end of the quarter, County will submit a Quarterly Billing
Form (QBF) to the Children's Representation Program Manager for reimbursement of
actual costs associated with the representation of children by attorneys appointed
pursuant to section 2(6) of 2ESSB 6126. If County contracts with individual attorneys
on a case -by -case basis, said bill will be the in the form set forth in Attachment A
(individual attorney cost -per -case basis). In the event that County retains private
counsel on a percentage FTE basis to represent multiple children in multiple cases, said
bill will be in the form set forth in Attachment B (percentage FTE /caseload basis). In
the event that County assigns cases to an OCLA- Approved Agency, said bill will be in
the form set forth in Attachment C ( OCCLA- Approved Agency basis).
IAA I�J �. Page 2 of 7
d. County shall provide sufficient backup information documenting payments made for
attorney representation and the number of active cases maintained by each attorney or
OCLA - Approved Agency during the preceding quarter.
4. DESCRIPTION OF SERVICES TO BE PROVIDED BY OCLA
a. By July 1, 2014 and periodically thereafter, OCLA will provide County with a list of
Children's Attorneys and OCLA - Approved Agencies certified as capable of providing
effective, standards -based legal representation for children in dependency cases
consistent with the requirements of 2ESSB 6126.
b. By September 30, 2014, OCLA will provide County and attorneys representing children
with access to a web -based Case Activity, Reporting and Oversight System (CAROS),
use of which by attorneys representing children will be required in order for County to
receive reimbursement for otherwise qualifying attorney services.
C. By September 30, 2014, OCLA will sponsor or otherwise make available a web -based
training for all children's attorneys engaged by County and appointed to provide legal
representation for children in dependency cases.
5. PERIOD OF PERFORMANCE
This Agreement shall be effective July 1, 2014 and run through June 30, 2015. The
Agreement may be extended by written agreement of the parties.
6. COMPENSATION
Reimbursement Ceiling: OCLA shall reimburse for payments made by County for attorney
representation of children in qualifying cases under 2ESSB 6126; provided that, the OCLA will
not reimburse for costs of such representation that exceed a prorated level of
$1500 /case /yeat.
Compensation Floor (individual and retained attornevs): Recognizing the minimum level of
time needed for an attorney to provide effective legal representation for each child as set
forth in the practice, caseload and training standards referenced in 2ESSB 6126 and the need
to avoid financial disincentives for attorneys to comply with such standards, OCLA will not
reimburse County for payments to individual or retained attorneys that effectively
compensate such attorneys at less than $80,000 for a full-time caseload.
a. If this Agreement is terminated, County shall only receive payment for costs incurred
for attorney representation provided prior to the effective date of termination. Payment
will not exceed a prorated rate of $1500 /case /year ($375 /case /quartet) and will only be
provided if there are no disputes regarding said costs and the invoice process is used as
described in Section 3.d. of this Agreement.
b. Payment to the County for approved invoices will be made by warrant or account
transfer by OCLA within 30 days of receipt of a properly- completed QBF.
c. County shall maintain sufficient backup documentation of payments made to attorneys
appointed to represent children and for which reimbursement is sought pursuant to this
Agreement.
d. OCLA will use best efforts to ensure that funding appropriated to implement 2ESSB
6126 is sufficient to fully reimburse County for expenses associated with the
appointment of attorneys in qualifying cases. If state appropriated funding will not
cover all qualifying cases for which attorney representation is required, OCLA reserves
IAA _� ,_� �__ Page 3 of 7
the right, in its sole discretion and upon 30 days notice (Notice of Shortfall), to initiate
pro rata reductions, reallocate funding among Counties or terminate the reimbursement
program altogether.
If a Notice of Shortfall is issued, OCLA will also notify appropriate legislative members
and staff of the anticipated shortfall, OCLA's intent to take action to reduce or
terminate payments and, if timely, submit a request for a supplemental appropriation in
an amount sufficient to provide for full reimbursement of County.
e. The parties expressly ratify and County may bill retroactively for payments associated
with legal representation of children in qualifying dependency cases provided between
July 1, 2014 and the date of execution of this Contract.
7. 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 OCLA. Data
shall include, but not be limited to, reports, documents, pamphlets, advertisements, books,
magazines, surveys, studies, computer programs, films, tapes, and video and /or sound
reproductions. Ownership includes the right to copyright, patent, register, and the ability
to transfer these rights.
Data which is delivered under this Agreement, but which does not originate therefrom,
shall be transferred to OCLA with a nonexclusive, royalty -free, irrevocable license to
publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so;
provided, that such license shall be limited to the extent which the Court has a right to
grant such a license. The Court shall advise OCLA, at the time of delivery of data
furnished under this Agreement, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance
of this Agreement. OCLA shall receive prompt written notice of each notice or claim of
copyright infringement received by the Court with respect to any data delivered under this
Agreement. OCLA shall have the right to modify or remove any restrictive markings
placed upon the data by the Court.
Nothing in this section shall give OCLA any right, title, interest in or access to materials,
documents or other data that is protected by the attorney -client privilege, the attorney
work product, the Rules of Professional Conduct or the constitution or laws of the State of
Washington or the United States.
8. 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.
9. 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.
10. RECORDS, DOCUMENTS, AND REPORTS
County shall maintain books, records, documents and other evidence of accounting
procedures and practices which sufficiently and properly reflect all direct costs of any
IAA �S_a j ')- Page 4 of 7
nature expended in the performance of this Agreement. These records shall be subject at
all reasonable times to inspection, review, or audit by personnel duly authorized by OCLA,
the Office of the State Auditor, and federal officials so authorized by law, rule, regulation,
or Agreement. County will retain all books, records, documents, and other material
relevant to this Agreement for six years after settlement, and make them available for
inspection by persons authorized under this provision. Nothing in this section shall give
OCLA any right of access to books, records, documents or other materials that is
protected by the attorney -client privilege, the attorney work product, the Rules of
Professional Conduct or the constitution or laws of the State of Washington or the United
States.
11. RIGHT OF INSPECTION
County shall provide right of access to its facilities to OCLA, or any of its designated
employees, or to any other authorized agent or official of the state of Washington of the
federal government at all reasonable times, in order to monitor and evaluate performance,
compliance, and /or quality assurance under this Agreement.
12. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of one
representative from OCLA, one representative from County, and a mutually agreed upon
third party. The dispute panel shall thereafter decide the dispute with the majority
prevailing. Neither party shall have recourse to the courts unless there is a showing of
noncompliance or waiver of this section.
13. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice 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 termination. In the event of termination, and despite the
requirements of section 2(6) of 2ESSB 6126, OCLA and the State of Washington shall be
relieved of the obligation to pay any or all of the part of the cost of providing attorney
representation for children in qualifying dependency cases.
14. 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:
1. Applicable state and federal statutes and rules;
2. This Agreement; and
3. Any other provisions of the agreement, including materials incorporated by reference.
15. RESPONSIBILITIES OF THE PARTIES
Each party to this Agreement assumes responsibility for claims and /or damages to persons
and /or property resulting from any act or omission on the part of itself, its employees, its
officers and its agents. No party assumes any responsibility to the other party for the
IAA �Saia Page 5 of 7
consequences of any claim, act or omission of any person, agency, firm, or corporation not
a party to this Agreement.
16. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, 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.
17. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that
party from subsequent exercise of such tights 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 patty and attached to the original Agreement.
18. 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 and to this end the
provisions of this Agreement are declared to be severable.
19. HEADINGS
The headings in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
20. 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 considered to exist or to bind any of the parties to this agreement unless otherwise
stated in this Agreement.
IAA 15 21 a- Page 6 of 7
AGREEMENT MANAGEMENT
The program managers noted below shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement:
Children's Representation Program
Manager:
Jill A. Malat
PO Box 41183
Olympia, WA 98504 -1183
(360) 972 -5794
IN WITNESS WHEREOF, the parties have executed this Agreement:
STATE 9PTASHINGTC
OFFICE F IVIL LEGAL
James A.
,�m� �dl�
Off
r
crson Co. Prosecut s tee
David Alvarez, Chief Civil DPA
Constituting the Board of County Commissioners
Attest this of J 2014
� 1
lam �>rr
Clerk of the Baid
IAA 15� Page 7 of 7
ATTACHMENT
o`. WASHINGTON STATE OFFICE OF CIVIL LEGAL AID
s Reimbursement Request
for Costs of Children's Legal Representation in Dependency Proceedings
Individual Attorney Assignment
County:
Address:
City, State, Zip:
This report is for the month and year
Please fill in the names of allomeys appointed to represent children in qualifying dependency cases (per 2ESSB 6126, 0 180, Laws of 2014) and the payments made
for such legal representation during the preceding quarter.
Note: OCLA will reimburse for actual costs of attorney representation up to a maximum pro rated level of $15001case /year. OCLA will not reimburse for attorney
representation aMe pro rated level of compensation assuming a full time caseload of chAtlrens cases falls below $80,000/year.
El
Total salary and benefit reimbursement due:
The County representative identified below certifies that the amounts listed above were paid to the children's attorneys for legal representation of
children in qualifying cases within the reporting period.
Signature of authorized County representative:
When form has baeen completed and signed, please send to
Jill A. Malat
Office of Civil Legal Aid
PO Box 41183
Olympia, Washington 98504 -1183
AGENCY USE ONLY
DCC DATE
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WASHINGTON STATE OFFICE OF CIVIL LEGAL AID
.. ' Reimbursement Request
for Costs of Children's Legal Representation in Dependency Proceedings
Retained Attorney (Percentage FTE)
County:
Address:
City, State, Zip:
This report is for the month and year:
Please fill in the names of ahomeys appointed to represent children in qualifying dependency Cases (per 2ESSB 6126, ch. 180, Laws of 2014) and the payments made for such legal
representation during the preceding quarter
note: tnls mm snoula oe useu io request mimoursemen(a the uoun[y retains anameys on a percentage r It oasis (nor on a Case -oy -case nags). Uk, v wn1 relmourse ror contract
payments that do not exceed a pro-rated level of 915001caseNear. OCLA will not reimburse for attorney representation d the pre rated level of compensation assuming a fuh time
ceselcad of Children. Cases falls below 880,000 /year.
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The County representative identified below certifies that the amounts listed above were paid to the children's attorneys for legal representation of children in qualifying
Cases within the reporting period.
Signature of authorized County representative:
When form has bacon completed and signed, please send to
Jill A. Malat
Office of Civil Legal Aid
PO Box 41183
Olympia, Washington 98504-1183
AGENCY USE ONLY
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