HomeMy WebLinkAboutAOC rural security JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
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TO: Board of County Commissioners
Monte Reinders,Acting County Administrator
FROM: Barbara Dykes Ehrlichman
Civil Deputy Prosecuting Attorney
(On behalf of the Jefferson County Superior Court)
DATE: Se p1-e r,oe,- Z S, Zo2 3
SUBJECT: Request for Approval of Interagency Agreement Between the Washington State
Administrative Office of the Courts and Jefferson County Superior Court
STATEMENT OF ISSUE:
Whether to sign a grant agreement to allow the Jefferson County Superior Court to receive$31,183.00 from
the Washington State Administrative Office of the Courts under the Rural Court Security Program
Agreement. The purpose of the grant is to provide reimbursement of a percentage of overall court security
costs for the court to comply with the Trial Court Security Criteria established in GR 36.
BACKGROUND
The Washington State Court Rules contain General Rules governing the administration of the court system.
General Rule (GR) 36 governs trial court security. The purpose of the rule is "to encourage incident
reporting and well-coordinated efforts to provide basic security and safety measures in Washington courts."
GR 36 requires, among other things, a Court Security Committee, a Court Security Plan, and Minimum
Court Security Standards. Certain equipment such as security cameras and duress alarms are required. The
full text of GR 36 is available here. https://www.courts.wa.gov/court rules/pdf/GR/GA GR 36 00 00 pdf
The grant is awarded Jefferson County Superior Court to purchase security services and equipment.
Security equipment includes security screening equipment, security cameras, entry alarm systems, duress
or emergency broadcast systems, and other similar equipment.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
No fiscal impact.
RECOMMENDATION:
Recommend approval of the contract.
REVIEWED BY:
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Ma*McCA49 , County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Administrative Office of the Courts(AOC)and JeffCo Superior Court Contract No: AOC IAA24497
Contract For: Rural Court Security Program Term: July 1. 2023 through June 30, 2024
COUNTY DEPARTMENT: Superior court
Contact Person: Judge Brandon Mack
Contact Phone: 395
Contact entail: BMack@co.jefferson.wa.us
AMOUNT: $31,183 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: 0 N/A: ■❑
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A: M
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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INTERAGENCY AGREEMENT IAA24497
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
JEFFERSON SUPERIOR COURT
This Agreement is entered into by and between the Washington State Administrative
Office of the Courts (AOC) and Jefferson Superior Court (Court),
(collectively known as the Parties).
I. DEFINITIONS
For the purposes of this Agreement the following definition shall apply as prescribed in
RCW 43.160.020(5): "Rural county" means a county with a population density of fewer
than one hundred persons per square mile or a county smaller than two hundred twenty-
five square miles, as determined by the Office of Financial Management and published
each year by OFM for the period of July 1st to June 30th. Trial Court Security is under the
provisions of Washington State Court General Rule 36.
II. PURPOSE
The purpose of this Rural Court Security Program Agreement is to provide reimbursement
of a percentage of overall court security costs in order for the Court to comply with the
Trial Court Security criteria established in GR36.
III. PERIOD OF PERFORMANCE
Performance under this Agreement begins on July 1, 2023 regardless of the date of
Agreement and ends on June 30, 2024.
IV. TOTAL AMOUNT OF AGREEMENT
The total amount of this Agreement is$31,183.00 , subject to the availability of funds.
The Total amount of this Agreement will be distributed as follows:
Cost Category Amount
Security Services and Equipment $31,183.00
Security Officers $0.00
Total Amount $31,183.00
*Courts may use funds from the Court Security Officers cost category for the Security
Equipment and Services cost category, but not vice-versa.
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V. REPORTING SCHEDULE
The Court shall submit semi-annual reports to the AOC documenting the progress of their
security improvement projects.
The reports shall provide:
A. Statement confirming delivery of items claimed on the reimbursement form (A-
19).
B. Status of General Rule 36 compliance remaining minimum court security
standards to achieve compliance.
C. The services provided to the courthouse for the corresponding period (licenses,
contracted security, etc.)
D. Any challenges faced by the Court during the corresponding period.
E. Whether funds are expected to be used fully or if additional funding is needed.
The Court will follow the following reporting schedule according to the Period of
Performance established in Section III of this agreement.
Period ReportType Re ort Due
07/01/2023-12/31/2023 Initial Implementation Report 12/31/2023
01/01/2024-06/30/2024 Final Report 06/30/2024
Reports shall be submitted to AOC to kyle.landry@courts.wa.gov. Failure to submit a
report by the due date may adversely affect the Court's eligibility for future funding.
VI. USE OF FUNDS
A. General
Awarded amounts expire at the end of the fiscal year they were awarded in and
do not carry over to the following year.
Funds will be used in accordance with the table provided in section IV of this
Agreement.
All goods, services and equipment must be performed, received, and delivered
by June 30, 2024- Anything beyond this date will be considered ineligible.
B. Eligible Use of Funds
1 . Security Equipment
AOC will reimburse the Court at the established percentage under this Agreement
for the cost of purchasing and installing security equipment in the following
categories:
a. Security screening equipment, which includes: Walk-through metal
detectors, handheld metal detectors, and X-ray machines if a court has
a working magnetometer and 2 Court Security Officers on-site.
b. Security Cameras
c. Entry alarm systems.
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d. Duress or Emergency broadcasts systems.
e. If an item is not listed in the approved categories provided by the AOC,
then approval should be requested via email to Program Manager in
regards to security-related infrastructure upgrades or miscellaneous
security items.
2. Services Supporting Court Security Equipment
AOC will reimburse the Court at the established percentage under this
Agreement for the cost of the following services to support court security:
a. Software licenses for security equipment.
b. Labor costs associated with installation of security equipment.
c. Maintenance of security equipment.
3. Security-related training
Security training is a reimbursable cost under this Agreement and should be
available to all Court staff at court's location if delivered.
Training should:
a. Be specific to the training the court needs (e.g. Active Shooter training,
De-escalation training, etc.)
b. Address security-related topics.
4. Court Security Officer Costs
AOC will reimburse the court at the established percentage under this
Agreement for the cost of Court Security Officers. This reimbursement counts
towards the court's overall total reimbursable amount of this Agreement.
a. Court Security Officers must be contracted and in compliance with RCW
18.170.
b. Licensing exemptions for sworn peace officers should comply with RCW
18.170.020,
c. All other Security Officers must comply with licensing requirements
contained in RCW 18.170.
d. Reimbursement amount will cover hours worked only.
e. If and only if your Court has been partially awarded, you may elect to
contract a Court Security Officer on days that are deemed to be higher
risk or when hearings take place.
C. Ineligible Use of Funds
1. Security Equipment
Security costs that meet the criteria below will not be reimbursed:
a. Equipment and services in spending categories not approved on the
Agreement unless approved in writing by the AOC.
b. Court staffing or administrative costs.
c. X-ray machines unless the Court has 2 Court Security Officers available
for entry screening and a working magnetometer.
2. Security Officer
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a. Contracted Court Security Officers not compliant with RCW 18.170,
b. Personal equipment for Court Security Officers.
c. Court Security Officer's benefits.
VII. PAYMENT/ REIMBURSEMENT
A. AOC will reimburse the Court up to a maximum/NTE of $31,183.00 for
costs incurred from July 1, 2023 to June 30, 2024 regarding security
equipment and other goods and services that improve security in the courts
listed under Section 2, titled "Security Equipment and Services". The
maximum awarded amount shall only increase if funding exists and AOC
approves the reimbursement.
B. The Court is responsible for paying the entire up-front cost of the equipment
and services. AOC will reimburse the Court at the percentage established
of 70%. Reimbursements count towards the Court's total reimbursement
limit or the total amount of this agreement for costs incurred in Court's
Security Services and Equipment and Security Officers categories.
C. The total cost may be spent in all approved categories at the court's
discretion. Substitutions for similar equipment or services shall be allowed
if it fills a similar role to the equipment requested by the Court.
D. The Court shall work with AOC staff in determining whether an expense
qualifies as a reimbursable expense under the Agreement.
E. Only items and services purchased and received during the dates stated on
the agreement are eligible for reimbursement. Awarded funding expires
June 30 of the fiscal year in which it was awarded.
F. The Court shall maintain sufficient backup documentation of expenses
under this Agreement.
G. Before payment can be processed, properly completed invoices on state
form A-19 must be submitted to AOC Financial Services at
payables(a)courts.wa.gov. Payments made by AOC within 30 days of
receipt properly- completed A-19 invoice shall be deemed timely.
H. All invoices shall provide and itemize, at a minimum, the following:
1. Agreement Number
2. Court name, address, phone number
3. Court Federal Tax Identification Number
4. Description of procured goods and services
5. Date(s) of procured goods and services
6. Total Invoice Price
I. Incorrect or incomplete invoices shall be returned by AOC to Court for
correction and reissuance, and may result in delays in funding.
J. The Court shall submit invoices to AOC for expenditures no more frequently
than monthly, and no less frequently than quarterly.
K. Reimbursement payments under this agreement will only be made to the
Court or funding authority that has incurred the cost of the items and
services eligible for reimbursement. Reimbursements will not be made for
partially eligible costs. Therefore, Courts shall ensure invoices submitted
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account for and demonstrate 100% of eligible costs to be reimburse at
percentage rate.
L. Reimbursements will not exceed the awarded amount unless excess
funding exists and is approved by AOC in accordance with the revenue
sharing section of this Agreement.
M. Final reimbursement requests must be received by AOC no later than July
12, 2024.
N. No payments in advance or in anticipation of services or supplies to be
provided under this Agreement shall be made by the AOC.
O. If this agreement is terminated, the Court 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.
VIII. REVENUE SHARING
A. AOC, in its sole discretion, may initiate the revenue sharing. AOC will notify
the Court no later than May 1, 2024 that AOC intends to reallocate funding
among courts. If AOC determines the Court may not spend all monies available
under the Agreement, then AOC may reduce the Agreement amount. If AOC
determines the Court may spend more money than is available under the
Agreement and for its scope, then the AOC may increase Agreement amount.
B. If the AOC initiates the revenue sharing process, then the Court must submit a
final revenue sharing A-19 to payables(cDcourts.wa.gov between July 12, 2024
and August 1, 2024.
IX. NOTIFICATION OF USE OF FUNDS
AOC will formally communicate to the Court at two stages of the Agreement: mid-year of
performance (December 2023) and end of performance (June 2024) regarding revenue
sharing increases or decreases to the total amount of this Agreement.
Failure by Court to respond to attempts of contact by AOC within 30 days, may result in
reallocation through Revenue Sharing procedures of the Court's funds to another Court
in need.
The Court will submit a Revenue Sharing report, in accordance with schedule established
in Section V of this Agreement.
X. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations and
authorization made by the Legislature of Washington State (Legislature) for the
performance of this Agreement. If sufficient appropriations and authorization are not
made or removed by the Legislature, this Agreement will terminate immediately upon
written notice given by the AOC to the Court. The decision as to whether appropriations
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are sufficient to perform the duties under this Agreement is within the sole discretion of
AOC.
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XI. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement shall only be amended by the agreement of the parties. Amendments
are not binding unless provided in writing, authorized and signed by the individuals with
the contractual capacity on behalf of each of the parties. i
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XII. 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 purposes to be employees or agents of the other party.
XIII. RECORDS, DOCUMENTS, AND REPORTS
The Court shall maintain books, records, documents and other evidence of accounting
procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any 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 the AOC and the Office of the State Auditor, or so authorized by law, rule,
regulation or agreement. The Court 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 by this provision.
XIV. RIGHTS OF INSPECTION
The Court shall provide right of access to its facilities to the AOC, or any of its officers, or
to any other authorized agent or Official of the State of Washington at all reasonable
times, in order to monitor and evaluate performance, compliance and/or quality assurance
under this Agreement.
XV. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of one
representative from the AOC, one representative from the Court, 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.
XVI. TERMINATION
The AOC may, in its sole discretion terminate the agreement or withhold payments
claimed by the Court for procured goods and services if the Court fails to satisfactorily
comply with any term or condition of this Agreement.
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A. 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 Agreement is so terminated, the AOC shall be liable only for payment
for the provisions of this agreement, completed and accepted prior to the effective
date of termination.
B. 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 fifteen (15) working days. If failure of violation is not
corrected, this Agreement may be terminated immediately by written notice of the
aggrieved party to the other.
XVII. 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 must 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 will be resolved by giving precedence in
the following order:
A. Applicable State and Federal Statutes and rules;
B. This Agreement; and,
C. Any other provisions of the Agreement, including materials incorporated by
reference.
XVIII. ASSIGNMENT
The provisions of this Agreement, and any claim arising hereunder, are not assignable or
delegable by either party in whole or in part, without the express prior written consent of
the other party. Consent shall not be unreasonably withheld.
XIX. WAIVER
A failure by either party to exercise its rights under this Agreement does not preclude that
party from subsequent exercise of such rights and is not a waiver of any other rights under
this Agreement unless stated to be such in writing signed by an authorized representative
of the party and attached to the original Agreement.
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XX. SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated by
reference in this Agreement is held invalid, such invalidity does not affect the other
provisions of this Agreement. This Agreement can be given effect without the invalid
provision and to this end the provisions of this Agreement are declared to be severable.
XXI. AGREEMENT MANAGEMENT
The individuals mentioned below are responsible for and are the contact people for all
communications regarding the performance of this Agreement:
,AOC Program Manager Court Point of Contact
Kyle Landry Mark McCauley
IPO Box 41170 County Administrator
(Olympia, WA 98504-1170 1820 Jefferson St
Kyle.landry@courts.wa.gov Port Townsend, WA 98368
1(360) 218 - 6096
mmccauley@co.jefferson.wa.us
360-385-9130
XXII. 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
are considered to exist or to bind any of the parties to this Agreement unless otherwise
stated in the Agreement.
AGREED
Washington State Administrative Office COURT
of the Courts
Signature Date Signature Date
Christopher Stanley, CGFM
Name Name
Chief Financial and Management Officer
Title -- - Title
1 vAf.D OF CpoNTY 91QA14TVG S ON Al"T -pA-6t"
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JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By:
Greg Brotherton, Chair Date
By:
Heidi Eisenhour,Commissioner Date
By:
Kate Dean, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway CMC Date
Clerk of the Board
Approved as to form only:
09.15.2023
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney