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HomeMy WebLinkAboutWashington State, Administative Office of the Courts, BECCA - 090517INTERAGENCY AGREEMENT IAA18121 BETWEEN WASHINGTON STATE 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 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 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 07/01/17 - 12131/17 01/31/18 01/01/18 - 06130/18 07/31118 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.peftus(@-courts.wa.gov or (360) 705-5229 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 IAA18121 Page 1 of 5 performance under this Agreement is July 1, 2017 regardless of the date of execution and it shall end on June 30, 2018, except for any remaining obligations of the Contractor as may exist. COMPENSATION a. Contractor shall be reimbursed a maximum of $29,998.00 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. L 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 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 clientljuvenile, prior to any access under this Agreement. IAA18121 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 toany cUenh1uvani|e.prior hzany 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 Contractor shall affirmatively acknowledge that it has met these requirements and submit that acknowledgement to ACC. 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 ofRCVV13.4O.57Oand ofthe crimes set forth in Chapter QA.44RCVV."Sexual Offenues." 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 hyeither party inthe performance ofthe uen/\Ce(s)described herein. These records shall besubject hOinspection, 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, dUounnenta, and other material relevant tothis Agreement will be retained for six years after expiration ofthis Agreement and the Office ofthe State Auditor, federal auditors, and any persons duly authorized hythe parties shall have full access and the righttoexanninoonyofthaa* 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 ofthe furnishing pody, 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 bythe other party are not erroneously disclosed hothird parties. RIGHTS |NDATA 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, pannph(etn, advertisements, books, mnagozinea, aurvoys, studies, computer programs, films, tapes, video and/or sound reproductions. Ownership includes the right to copyright, patent, reQiete/, and the ability to transfer these right; 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 tobeemployees oragents ofthe other party, AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement rnaybe amended bymutual agreement ofthe parties, Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the 1AA18121 Page 3of5 parties. This clause does not apply tothe provisionsof the REVENUE SHARING section inthis Agreement. TERMINATION o. 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 banninabad. the AOC mba|| be liable only for payment for work nonnp|absd and accepted prior iothe effective date oftermination. b. Termination for Cause |feither party does not hV|fiUinatimely and proper manner its obligations under this Agreement, orifeither party violates any ofthese 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 bywritten notice ofthe aggrieved party bzthe other party. DtSPUTES |nthe event that odispute arises under this Agreement, itshall be determined byaDispute Board iMthe following manner: Each party hothis Agreement shall appoint one member tothe 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 adetermination ofthe dispute. The determination ofthe Dispute Board shall be final and binding cmthe 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 ofthis Agreement shall be construed toconform Yothose laws. In the event ofan inconsistency inthe terms nfthis Agreement, orbetween its terms and any applicable statute orrule, the inconsistency shall beresolved bvgiving precedence iOthe following order: a' Applicable state and federal statutes and rules; b. Statement of work; and c Any other provisions ofthe Agreement including rnabe[im|a 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 terminate the Agreement under the7eoninmbonfor Convenience" clause, without the fixeday notice requirement, subject to renegotiation under those new funding limitations and conditions. AOC, at its discretion, may also elect toamend the Agreement b}reflect abudget reduction 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 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: Contractor Program Manager: Sondra Hahn Barbara Carr, Juvenile Court Administrator Court Association Coordinator 1820 Jefferson St PO Box 41170 Port Townsend, WA 98368-0920 Olympia, WA 98504-1170 360-385-9190 sondra.hahn@courts.wa.gov bcarr@co.jefferson.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 THE COURTS 7 -- Signature Date Callie Dietz Name Administrator, AOC Title IAA18121 JEFFERSON COUNTY JUVENILE COURT 'W' --6d 'Lleclvk V� Signature Date Maf-iileon 0,er- Name P atp &cu 1/r/e oved to .0. Date: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office Page 5 of 5 Consent 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: Tuesday, September 5, 2017 Subject: Interagency Agreement # IAA18121 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, 2017 through June 30, 2018. 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 2018. 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. Approved b:���7 Phi ip Morley, Co Admi istrato� CONTRACT REVIEW FORM CONTRACT WITH: Administrative Office of the Courts CONTRACT FOR: BECCA Services (ARY, CHINS & Truancy) TERM: COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: Barbara Carr in Juvenile Services 1-7-(v3 07/01/17 — 06/30/2018 Barbara Carr AUG 2 3 2017 385-9192 RETURN BY: ASAP AMOUNT: $ 29,998.00 PROCESS: Revenue: 29,998.00 Expenditure: 29,998.00 Matching Funds Required: Sources(s) of Matching Funds Step 1: REVIEW BY Review by: Date Reviewed: APPROVED FORM Comments Step 2: REVIEW BY Review by: Date Reviewed: APPROVED AS TO FORM Comments r^ Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other Sole source Returned for revision (See Comments) 5 ATTORNEY for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)