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HomeMy WebLinkAboutCASAGAL Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Mark McCauley, Interim County Administrator FROM: Barbara Carr Agenda Date: Monday, September 13, 2021 RE: Interagency Agreement IAA22135 AOC and Jefferson County— CASA/GAL Funds STATEMENT OF ISSUE: Agreement for receipt of GAL funding to Juvenile Court Services needs to be executed. ANALYSIS: This Agreement reflects our intent to accept our allocation of statewide CASA dollars for the State fiscal year July 1, 2021 through June 30, 2022. These funds support CASA-GAL matters, to wit: Guardian ad Litem program for State Dependent children. FISCAL IMPACT: This revenue will be included in my budget for 2022. 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. A41- Mark McCauley, I rim County Administra 0/2.-/ INTERAGENCY AGREEMENT IAA22135 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND JEFFERSON COUNTY JUVENILE COURT FOR THE SUPPORT OF THE CASA/VOLUNTEER GUARDIAN AD LITEM PROGRAM THIS AGREEMENT is made and entered into by and between the Washington State Administrative Office of the Courts (AOC), and Jefferson County Juvenile Court (COURT). IT IS THE PURPOSE OF THIS AGREEMENT for the COURT to increase the number of children served by court-appointed special advocates (CASAs)/volunteer guardians ad litem as defined by RCW 13.34.030(11) 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 litem program as defined in RCW 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". Reporting schedule: 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@courts.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. IAA22135 CASA/VGAL Page 1 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 $41,530. 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. The COURT shall maintain sufficient backup documentation of direct costs 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 by 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. BILLING PROCEDURE The COURT will submit properly-completed Washington State form A-19 via email to AOC Financial Services at MSDFinancialServicesc courts.wa.gov 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). 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/Volunteer GAL 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 after expiration 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 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 IAA22135 CASA/VGAL Page 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: • Ensure a criminal background check has been completed for all employees, CASAs Nolunteer GALs, and subcontractors who have access to children, prior to any access under this agreement pursuant to RCW 13.34.100(3); • Based on the results from the criminal background check, determine each employee, CASANolunteer GAL, and subcontractor is suitable for access to children; The AOC will: • Reimburse for CASANolunteer 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. IAA22135 CASA/VGAL 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 either party 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 that party from subsequent exercise of such rights 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 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. IAA22135 CASA/VGAL Page 4 of 5 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: AOC Program Manager j Court Program Manager Sondra Hahn Barbara Carr Court Association Coordinator Juvenile Court Administrator PO Box 41170 I 1820 Jefferson St Olympia, WA 98504-1170 Port Townsend, WA 98368-6951 sondra.hahn@courts.wa.gov bcarr@co.jefferson.wa.us 360 705-5276 360-385-9190 AGREED: (As Authorized by the Board of County Commissioners) Administrative Office of the Courts Jefferson County Juvenile Court Signature Date Signature Date Christopher Stanley Name Name Director, AOC Management Services Title Title Approved as to Form Only: August 19, 2021 Philip C. Hunsucker, DATE Chief Civil Deputy Prosecuting Attorney IAA22135 CASA/VGA;. Page 5 of 5 EXHIBIT A CASA/VOLUNTEER GAL PROGRAM COST GUIDELINES A. PURPOSE and SCOPE 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 ROW 13.34.030(11): "Guardian ad litem" 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 litem for all purposes and uses of this chapter. CASANolunteer Guardian ad Litem Program. As defined in RCW 13.34.030(12): "Guardian ad litem 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. C. GENERAL The legislature has previously stated that CASANolunteer 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 CASANolunteer GAL program reimbursements and attempts to identify those costs that can and cannot be reimbursed. D. ROLES AND RESPONSIBILITIES 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 • 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 point of contact with the court • Approves invoices and submitted supporting documentation for CASANolunteer GAL program reimbursement • Forwards cost and budget questions received from the courts to the AOC Comptroller • Reviews all reports required under the CASA/Volunteer GAL program agreement 3. Management Services Director • Resolves policy and procedural issues related to CASANolunteer GAL program funding 4. AOC Comptroller • Determines CASA/Volunteer GAL program annual fund allocation based on monies received from the legislature; see Allocation Process section for allocation process details • Responds to cost and budget questions • Periodically audits Courts to ensure reimbursement requests are supported; see Audit Process section for audit procedures 5. Contract Manager • Drafts, reviews, and approves CASA/Volunteer GAL program agreements • Answers questions regarding compliance with the agreements • Provides advice on interpretation of agreement 6. State Auditor • Audits Courts and AOC for compliance with CASANolunteer GAL program CASA Guidelines 7/2020 E. ALLOWABLE COSTS AND SUPPORTING DOCUMENTATION 1. Staff/FTE (salaries and benefits) • Payroll record/time and attendance records related to the CASANolunteer GAL program must be kept locally. If employee is not assigned fulltime to working with the CASANolunteer GAL program then compensation reimbursement must be proportioned to the amount of time the employee works with the CASANolunteer GAL program and must be documented by time and attendance records. NOTE: This does not mean that timesheets must be completed to track the time spent. Document the process for determining the amount of time the person(s) spend on CASANolunteer GAL duties. For example, keep track of time for at least a week and then determine the percentage to be charged. 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 the CASANolunteer GAL program and invoice must be approved by authorizing authority (i.e. 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. • Attorney — Invoice must identify the specific case for which reimbursement is requested, hours worked, and the hourly rate that was charged. Reimbursement is only for the legal representation of the CASANolunteer GAL with regard to a specific case. There is no reimbursement for representation of a minor child. If the CASANolunteer GAL has legal representation there must be a court order that: (1) states the need for the representation; and (2) identifies the attorney being appointed to represent the CASANolunteer GAL. These documents do not need to accompany the invoice to AOC. They should be readily available for audit purposes. 3. Goods • Supplies o Actual Costs - Supplies should be necessary for the CASANolunteer GAL program and may include consumable supplies. Vendor invoices should be kept locally for audit purposes. o Costs Allocated by Internal Administrative Rate - Supplies may be allocated, but an internal administrative rate must be documented and approved by the court administrator. This internal administrative rate CASA Guidelines 7/2020 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. 4. Equipment • 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 an item 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 is allowable within the existing contract allocation as long as the equipment is only provided to perform CASANolunteer 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. 5. Training • 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 and per diem rates. Any other paid training program where attendee is seeking reimbursement must be approved by the AOC Project Manager in advance of the training. 6. Travel • 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 CASANolunteer GAL program staff was assigned. CASANolunteer 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 and per diem rates. CASA Guidelines 7/2020 o Supporting Documentation — All travel reimbursement requests must be kept locally for audit purposes. o All travel expenses must be within the travel costs permitted by the AOC at the time of travel. CASA Guidelines 7/2020 CASA/Volunteer GAL Program Allocation Process 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 is based on caseload data from each county for active DEP cases per year. The caseload includes the following activity docket codes: DEPENDENCY PETITION DEPENDENCY REVIEW HEARING DEPENDENCY REVIEW HEARING ORDER DISMISSAL HEARING DISPOSITION HEARING-USE FOR CASETYPE 7 CASES ONLY FACT FINDING HEARING 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 SHELTER CARE ORDERS ORDER OF CONTINUANCES GENERAL ORDER CODE The AOC Comptroller maintains an 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 county. The percentages are applied to the appropriation amount by fiscal year, thus producing the allocation amounts available to counties. CASA Guidelines 7/2020 Audit Process The AOC Comptroller will periodically audit CASANolunteer GAL program reimbursement requests to ensure requests are supported. Each year, the AOC Comptroller will randomly select several courts/counties 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 CASANolunteer GAL program reimbursement requests. The AOC Comptroller will ensure that expenses detailed on any of these (or other) reimbursement request documents are supported by required approval and signature of appropriate county staff, and that the expenses detailed are in support of the CASANolunteer GAL program in that county. Following this review, the AOC Comptroller (or designee) will provide a signed report to the county and to the AOC CASANolunteer GAL program audit file certifying compliance with audit requirements. See next page for sample report. CASA Guidelines 7/2020 State of Washington Administrative Office of the Courts I, [AOC Comptroller name], have reviewed the CASANolunteer GAL program reimbursement documents and supporting documentation provided by [county and county designee name] for the time period Fiscal Year [20XX], and do hereby declare that: ❑ Documentation is in compliance with CASANolunteer GAL program cost reimbursement requirements. ❑ Documentation is not in compliance with CASANolunteer GAL program cost reimbursement requirements. The following corrective action must be taken: Summary/detail of corrective action and completion provided here. Signed AOC Comptroller/Designee Date n:\programs&organizations\wajca\contracts\exhibit a casa cost guidelines.docx CASA Guidelines 7/2020 CASA/VOLUNTEER GAL PROGRAM MONTHLY DETAIL REPORT EXHIBIT B Administrative Office of the Courts (submit monthly with A-19 invoice) COURT: MONTH/YEAR: 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 $ -