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HomeMy WebLinkAboutLactation Accommodation JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Sophie Nordstrom, Superior Court Administrator DATE: May 13,2024 RE: AGREEMENT re: Lactation Accommodation Space STATEMENT OF ISSUE: The Washington State Administrative Office of the Courts (AOC) approved funding for lactation accommodation space in the form of a privacy lactation pod for patrons of the courthouse. This agreement was emailed to the Court Administrators Office on April 30, 2024, resulting in utilizing "DocuSign"and approved by AOC. This signature method by-passed the usual contract submission process. The Court is requesting that the process go forward and ask that the Board of County Commissioners delegate authority for the Superior Court and ratify the signature. ANALYSIS: The purpose of the agreement is to provide reimbursement for the purchase of a privacy lactation pod and allow for patrons who utilize the courthouse to have access to a private, hygienic and family affirming location to provide nourishment to their offspring. FISCAL IMPACT: Following payment by Jefferson County, the Washington State Administrative Office of the Courts will reimburse the county for up to the total amount of the funding agreement of $10,718.74. RECOMMENDATION: Approve the agreement and delegate authority to the Superior Court to sign the agreement, and ratify the signature. REVIEW Y: Mark McCauley ounty Administrator Date CONTRACT REVIEW FORM Ciew FOrtn (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: AOC AND JEFFERSON COUNTY SUPERIOR COURT Contract No: IAA24678 Contract For: Lactation Accomodation Space Term: COUNTY DEPARTMENT: Jefferson County Superior Court Contact Person: Sophie Nordstrom Contact Phone: 3.60-385-9395 Contact eman: snordstrom@co.Jefferson.wa.us AMOUNT. 10,718.74 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. 5. 80 AND CHAPTER 42.23 RCW. CERTIFIED: E N/A:❑ n��--e -111 jr• Y Signature D to STEP : DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. / Pif'1 CERTIFIED: � N/A: ❑ � - �y Signature 27 Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/8/2024. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/8/2024. State language -- cannot change. No PAO signature required. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP : CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL t )oCuSign Envelope ID:5186A457-7BA6-474F-B64E-299A908497CD INTERAGENCY AGREEMENT— IAA24678 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND JEFFERSON COUNTY SUPERIOR COURT This Agreement is entered into by and between the Washington State Administrative Office of the Courts (AOC) and Jefferson County Superior Court (Court), which individually will be referred to as the "Party" and collectively as the "Parties". I. DEFINITIONS A `lactation accommodation space"shall be defined as a place where nursing individuals can express breastmilk in private. II. PURPOSE The purpose of this Agreement is to provide reimbursement for the purchase a privacy lactation pod or upgrade to existing lactation accommodation spaces for the Court patrons to use for chest feeding, breastfeeding, an/or pumping while conducting court business and in accordance to established best practices (refer to Exhibit A). 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 $10,718.74 subject to the availability of funds. V. USE OF FUNDS A. General 1. Awarded amounts expire at the end of the fiscal year they were awarded in and do not cant' over to the following year. 2. Funds will be used in accordance with section IV of this Agreement. 3. 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. For purchase of Lactation pods: Funds are eligible for the purchase of a lactation pod. This eligibility is inclusive of taxes, shipping and installation. 2. For upgrades to existing lactation accommodation spaces: AOC will reimburse the Court at up not exceeding the total amount of this Agreement as established in section IV, when the funds to upgrade to existing IAA24678 Page 1 of 7 )ocu5ign Envelope ID:5188A457-7BA8-474F-B64E-299A908497CD spaces of lactation accommodation are used for the following necessary or recommended categories: a. Necessary: i. ADA accessibility ii. Private area free from intrusion that can be locked by occupant, including shades or curtains for windows iii. Adequate lighting iv. Electrical Outlet V. Chair with table or surface nearby for temporary holding equipment and supplies for lactation purposes vi. Disinfecting wipes vil. Vacant/In Use sign b. Recommended: i. Sink and soap near the area and/or hand sanitizer ii. Paper towel dispenser iii. Refrigerator iv. Clock V. W i-fi vi. Vinyl upholstery if the chair in the room is upholstered If an item is not listed as part of this section, Court Point of Contact will send an email to Haily.Perkins(a)courts.wa.gov to get prior approval for purchase. C. Ineligible Use of Funds Purchase of Lactation Pods or upgrade to lactation accommodation spaces costs that meet the below criteria will not be reimbursed by AOC: 1. Lactation accommodation purchased outside of the eligible purchasing dates — July 1 , 2023 to June 30, 2024. 2. Maintenance or opt-in services associated with the upgrades of the lactation rooms. 3. Items, not listed in subsection B of this section, and/or those items that have not received prior approval by AOC. VI. AGREEMENT OF THE PARTIES A. For Lactation Purchase of Pod ONLY, it is the mutual understanding of the Parties that: 1. The AOC's sole responsibility under this award is reimbursement for payment to the court for the purchase, shipping and installation of the lactation pod. 2. AOC's responsibility ends with the payment of the aforementioned. 3. The Court must maintain custody and care of the lactation pod once installed in its premises. 4. The lactation pod is to be used solely for the purpose it is being purchased (refer to section II). IAA24678 Page 2 of 7 DocuSi9n Envelope ID:5188A457-78A6-474F-864E-299A908497CD VII. PAYMENT A. AOC will reimburse the Court up to a maximum/not to exceed of the amount established as the total amount in section IV of this Agreement, for costs incurred from July 1, 2023 to June 30, 2024 regarding the AOC approved upgrades of existing accommodation lactation spaces for the Courts. B. The Court shall work with AOC staff in determining whether an expense qualifies as a reimbursable expense under the Agreement, if item is not listed in section VI, subsection B of this Agreement. C. 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. D. The Court shall maintain sufficient backup documentation of expenses under this Agreement. When Court requires prior approval from AOC, the approval will be supporting documentation that accompanies the submission of form A- 19. E. Before payment can be processed, properly completed invoices on state form A-19 must be submitted to AOC Financial Services at Davables(.a"-courts.wa.Qov. Payments made by AOC within 30 days of receipt properly- completed A-19 invoice shall be deemed timely. Submission of form A-19 for reimbursement of payment will not be accepted if sent to another email address. F. All invoices shall provide and itemize, at a minimum, the following: 1. This 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 G. Incorrect or incomplete invoices shall be returned by AOC to Court for correction and reissuance, and may result in delays in funding. H. The Court shall submit invoices to AOC for expenditures no more frequently than monthly, and no less frequently than quarterly. I. Questions about the A-19 process should be submitted to the A-19 contact provided in section XX of this agreement. J. 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 account for and demonstrate 100% of eligible costs to be reimburse at percentage rate. K. 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. L. Final reimbursement requests must be received by AOC no later than July 12, 2024. M. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by the AOC. IAA24678 Page 3 of 7 DocuSign Envelope 10:5186A457-7BA6-474F$64E-299A908497CO N. 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. NOTIFICATION OF USE OF FUNDS AOC will formally communicate through the Program Manager of this Agreement 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 of lactation accommodation upgrades. The Court will submit a Revenue Sharing report, in accordance with schedule established in Section V of this Agreement. IX. 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 cD-courts.wa.gov between July 12, 2024 and August 1, 2024. 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 are sufficient to perform the duties under this Agreement is within the sole discretion of AOC. 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. IAA24678 Page 4 of 7 DocuSign Envelope ID:5186A457-7BA6-474F4864E-299A908497CD 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 if the Court fails to satisfactorily comply with any term or condition of this Agreement. 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 IAA24678 Page 5 of 7 DocuSlgn Envelope ID:5186A457-7BA6-474F-864E-299A909487CD corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. XVII. 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. XVIII. 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. XIX. 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. XX. AGREEMENT MANAGEMENT AND ADDITIONAL CONTACTS 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 Haily Perkins Sophie C. Nordstrom PO Box 41170 Superior Court Administrator Olympia, WA 98504-1170 P.O. Box 1220 Hai ly.PerkinsCcDcourts.wa.Qov Port Townsend, WA 98368 (360) 968-3660 snordstrom(oco.iefferson.wa.us 360 385-9395 Additional Contacts: If Courts have any questions regarding submission of A-19 process in accordance with section VII. Payments, of this Agreement: A-19 Submission Point of Contact Steve Williams Financial Services Manager PO Box 41170 Olympia, WA 98504-1170 Steve.W illiams(cD-courts.wa.4ov 360-705-5318 IAA24678 Page 6 of 7 DocuSign Envelope ID:5186A457-75A6.474F-864E-299A908497CD XXI. 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 JEFFERSON COUNTY of the Courts SUPERIOR COURT 4/29/2024 5b�jt, C, Nw(jr6a, 4/29/2024 Signature Date Signature Date Dawn Marie Rubio Sophie C. Nordstrom Name Name State Court Administrator Superior Court Administrator Title Title IAA24678 Page 7 of 7