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HomeMy WebLinkAbout091415_ca03Consent Agenda Juvenile Services Jefferson County Board of County Commissioners Agenda Request To: Board of County Commissioners From: Barbara L. Carr, Juvenile Court Administrator Agenda Date: Monday, September 14, 2015 Subject: Interagency Agreement # IAA16076 AOC and Jefferson County — BECCA Funds Statement of Issue: Agreement for receipt of BECCA funding to Juvenile and Family Court Services needs to be executed. Analysis: This Agreement reflects our intent to accept our allocation of statewide BECCA dollars for the State fiscal year July 1, 2015 through June 30, 2016. These funds support BECCA matters, to -wit: Truancy, At Risk Youth and Child in Need of Services. BECCA dollars offset court processing, services and detention for non - offenders. Alternatives: None Fiscal Impact: This revenue will be included in my budget for 2016 Recommendation: That the Board approve the agreement and sign 3 originals. A fully executed original will be returned t . tie BO office upo final execution by AOC. Approved by('l Phi iip Morley, INTERAGENCY AGREEMENT IAA16076 BETWEEN STATE OF WASINGTON ADMINISTRATIVE OFFICE OF THE COURTS AND JEFFERSON COUNTY JUVENILE COURT FOR BECCA PROGRAMS AND SERVICES THIS AGREEMENT is entered into by and between the Administrative Office of the Courts ( "AOC ") and Jefferson County Juvenile Court ( "Contractor "). PURPOSE The purpose of this Agreement is to engage the services of the Contractor to process Truancy, At Risk Youth and Child in Need of Services (Becca) programs and services within its jurisdiction and according to the intent of the Becca legislation chapter 13.32A RCW. 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 Contractor will process Truancy, At Risk Youth (ARY) and Child in Need of Services (CHINS) programs within the Contractor's jurisdiction pursuant to chapter 13.32A, RCW. The Contractor shall submit summary reports to AOC documenting Becca activities. These reports shall provide both the number of petitions and the actual cost of processing such 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 Resources> Court Management and choose the "Becca Bi- Annual Report to AOC ". Reporting schedule: Period Report Due 07/01/15 - 12/31/15 01/31/16 01/01/16 - 06/30/16 x07/31/16 Failure to submit a report by the due date may adversely affect state funding of the Becca program. If you have questions, please contact the AOC Program Manager Yvonne Pettus at Yvonne. pettus<a?courts.wa.gov or (360) 705 -5229 IAA16076 Page 1 of 5 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, 2015 regardless of the date of execution and it shall end on June 30, 2016, except for any remaining obligations of the Contractor as may exist. COMPENSATION a. Contractor shall be reimbursed a maximum of $25,036.00 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 of CHINS, ARY and Truancy petitions. Contractor shall use Exhibit A BECCA Cost Guidelines (attached and incorporated into this agreement) as a guide 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 invoice detailing reimbursable expenses. Invoices are to be sent to Financial Services, Administrative Office of the Courts, P.O. 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. Allocated administrative court costs must be applied at a rate that is set forth and supported by a documented internal administrative rate plan that has been approved by 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 the maximum 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 IAA16076 Page 2 of 5 In accordance with Chapters 388 -700 WAC, 7205 RCW, and 43.20A RCW, 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. 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 13.40.570 and of the crimes set forth in Chapter 9A.44 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 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 after expiration of this 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 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 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. IAA16076 Page 3 of 5 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 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, 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 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 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 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 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. 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 IAA16076 Page 4 of 5 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 the Agreement to reflect a budget reduction without terminating the contract as long as AOC gives notice of the budget reduction to the other party and the other parry 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 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. 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 Program Manager: Yvonne Pettus PO Box 41170 Olympia, WA 98504 -1170 360 705 -5229 Yvonne. Contractor Program Manager: Barbara Carr, Juvenile Court Administrator 1820 Jefferson St, PO Box 1220 Port Townsend, WA 98368 -0920 360- 385 -9190 rson.wa.us 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. AGREED: THE ADMINISTRATIVE OFFICE OF THE COURTS Signature Dirk Marler, Director Name Judicial Services Division Title JEFFERSON COUNTY JUVENILE COURT Signature Title Date (11/ AA16076 C(wt� David Alvarez, Chief Civi1R9lFt EXHIBIT A BECCA COST GUIDELINES A. PURPOSE and SCOPE 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. B. GENERAL BECCA allowable costs are only those costs associated with "processing truancy, children in need of services, and at -risk youth petitions." See 2ESHB 1087 Section 113 2(a) and (b) (2011). Therefore, all BECCA reimbursement requests must be directly related to the filing and processing of these petitions. Those costs unrelated to the cost of filing or processing petitions cannot be reimbursed under current legislation. This would include anything done in lieu of filing a petition such as informal adjudications and treatments. The guidelines below take into consideration the financial needs of a court processing BECCA cases and allows for reimbursement for expenses related to such processing. These guidelines also recognize the legislative restrictions placed on BECCA reimbursements and attempts to identify those costs that cannot be reimbursed. C. ROLES AND RESPONSIBILITIES 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 Manager • Acts as central contact with the court • Oversees distribution of funds • Approves invoices and submitted supporting documentation for BECCA reimbursement • Responds to cost and budget questions from the courts • Reviews all reports required under the BECCA agreement BECCA Guidelines 11/2014 3. Management Services Director • Resolves policy and procedural issues related to BECCA funding 4. AOC Comptroller • Determines BECCA annual fund allocation based on monies received from the legislature • Periodically audits Courts to ensure reimbursement requests are supported 5. Contract Manager Drafts, reviews, and approves BECCA agreements Answers questions regarding compliance with the agreements Provides advise on interpretation of agreement 6. State Auditor • Audits Courts and AOC for compliance with BECCA D. ALLOWABLE COSTS AND SUPPORTING DOCUMENTATION 1. Staff/FTE (salaries and benefits) Judicial Officer (i.e. judges, commissioners, and pro tems) - Time records and dockets regarding BECCA case processing must be kept locally. A judge or pro tem's computation rate will be supplied by AOC, and will be the same for all superior court judges or pro tems hearing BECCA cases. The reimbursement for the judge or pro tem can only be for half the judge's hourly salary. If the judicial officer 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, office staff) payroll record /time and attendance records related to the filing or processing a BECCA petition must be kept locally. If employee is not assigned fulltime to BECCA cases then compensation reimbursement must be proportioned to the amount of time employee processes BECCA cases 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 the persons) 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 county court administrator. This BECCA Guidelines 11/2014 internal administrative rate must be documented with the formula used to 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. 2. Professional Services 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 processing filed BECCA cases and invoice must be approved by authorizing authority (i.e. county 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 audit 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 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. 3. Goods • Supplies • Actual Costs - Supplies should be necessary for BECCA case processing 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 county 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. 4. Equipment o Actual Costs - Reimbursement request does not need to include the vendor invoice if directly related to the BECCA 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 an item where the cost is greater than $500 or where the service /maintenance period on the equipment is greater than one year BECCA Guidelines 11/2014 and could exceed $500 in total maintenance costs. Vehicle and other high cost items are not allowable purchases. o Costs Allocated by an Internal Administrative Rate — Equipment may be allocated, but reimbursement request must be an allocated rate that is documented by an internal administrative rate specific to the court and approved by the court administrator. The internal administrative rate must be on file and available to AOC and State Auditor. The vendor invoice must also be on file. 5. Training • Reimbursement only for the annual BECCA Conference Training. 6. Travel Travel /Expense Vouchers from staff or volunteers for travel to and from the annual BECCA Conference and services related to BECCA case processing. Staff or volunteers must work for BECCA programs and may include travel expense reimbursement for child, witness, parent or other interviews related to a case filed with the court to which volunteer or staff was assigned. All travel expenses must be within the travel costs permitted by the AOC at the time of travel. Supporting Documentation — Travel reimbursement requests must be kept locally for audit purposes. 7. Detention 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 other courts purchasing beds nor should they be higher than the "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 11/2014 BECCA MONTHLY DETAIL REPORT (Exhibit B) Administrative Office of the Courts (Submit monthly with A -19 invoice) COURT: MONTH/YEAR: ADMINISTRATIVE STAFF /FTE Judge Commissioner Staff CONTRACTS/ SERVICE DELIVERY GOODS /SERVICES Supplies Communication Other TRAVEL Mileage Per Diem Other Total Total Total Total Total GRAND TOTAL $