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HomeMy WebLinkAboutCASA-GAL JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Shannon S. Burns, Juvenile Court Administrator DATE: Anus-" 2 9 oda f RE: Interagency Agreement#IAA 25347 AOC and Jefferson County CASA-GAL Funds STATEMENT OF ISSUE: Agreement for receipt of CASA-GAL funding to Juvenile Court Services needs to be executed. ANALYSIS: This Agreement reflects our intent to accept our allocation of statewide CASA-GAL dollars for the State fiscal year July 1, 2024 through June 30th, 2025. These funds support CASA-GAL matters, to wit: Guardian ad Litem program for the State Dependent children. FISCAL IMPACT: This revenue will be, and is, included in my budget for 2025. RECOMMENDATION: That the board sign agreement. The fully executed original will be returned to the BOCC office upon final signature by AOC. REVIEWED BY: y411 Mark McCaule ounty Administrator Date CONTRACT.REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Administrative Office of the Courts Contract No: IAA25347 Contract For: CASA-GAL Funds Term: July 1st, 2024-June 30th, 2025 COUNTY DEPARTMENT: Juvenile and Family Court Services Contact Person: Shannon Burns,Juvenile Court Administrator Contact Phone: (360)385-9190 Contact email: sbums@co,jefferson.wa.us AMOUNT: $41,530 PROCESS: Exempt from Bid Process Revenue: $41,530 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 LIANCE WITH CC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: j■ N/A:f �' oLL1 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTI G WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: i c (Q1 2a Signature D to STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/20/2024. State agreement - cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/21/2024. State language - take it or leave it. 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 1 INTERAGENCY AGREEMENT IAA25347 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). I. PURPOSE 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(12) 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. II. 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(13) 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". There are certain contractors that are not able to access the Inside Courts website, and to accommodate reporting compliance, Exhibit C is attached. Reporting schedule: Period Report Due 07/01/24 - 12/31/24 01/31/25 01/01/25 - 06/30/25 07/31/25 IAA25347 Page 1 of 7 Failure to submit a report by the due date may adversely affect state funding of the CASANolunteer GAL program. If you have questions, please contact the AOC Project Manager Christopher Stanley at Christopher.Stanley@courts.wa.gov or (360) 357-2406. III. 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, 2024 regardless of the date of execution and it shall end on June 30, 2025, except for any remaining obligations of the COURT as may exist or if terminated sooner as provided in this Agreement. IV. COMPENSATION A. Contractor shall be reimbursed a maximum of $41,530 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 juvenile dependency cases. Contractor shall use CASA Cost Guidelines (Exhibit A) as a guide for determining what costs should be reimbursed. C. Contractor shall not be reimbursed until properly-completed monthly A-19 invoice, Monthly Detail Report (Exhibit B), and required backup documentation 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 Washington State form A-19, Monthly Detail Report (Exhibit B), and required backup documentation. Invoices are to be sent via email to AOC Financial Services at payables@courts.wa.gov. AOC will remit payment to the Contractor in a total amount not to exceed the value of this agreement 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. If there is no approved plan, a 10 percent de minimis rate may be applied. This rate shall only be calculated on the total amount of salaries and benefits. IAA25347 Page 2 of 7 V. REVENUE SHARING A. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court no later than May 1, 2025 that AOC intends to reallocate funding among courts in the program. 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 monies than available under the Agreement and for its scope, then AOC may increase the Agreement amount. B. If the AOC initiates revenue sharing, then the Court must submit the final revenue sharing A-19 to payables@courts.wa.gov so that it is received by July 31, 2025. VI. 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 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. VII. BACKGROUND CHECKS The COURT shall: • Ensure a criminal background check has been completed for all employees, CASAsNolunteer 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. IAA25347 Page 3 of 7 VIII. 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. IX. 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. X. 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. XI. TERMINATION 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 work 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 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. XII. 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 IAA25347 Page 4 of 7 Board shall be final and binding on the parties; however, nothing herein prohibits either party from seeking judicial relief. XIII. 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. XIV. 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. XV. 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. XVI. 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. XVII. 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 IAA25347 Page 5 of 7 and conditions. AOC, at its discretion, may also elect to amend the Agreement to reflect a budget reduction without terminating the agreement if all parties agree to the amendment. XVIII. COUNTERPARTS Each party agrees that a digital, electronic, or scanned transmission of any original document has the same effect as the original. Any signature required on an original will be completed and sent to the other party, as applicable, when an electronic or digital copy has been signed. The parties agree that signed digital, electronic or scanned copies of documents will be given full effect as if an original. XIX. AGREEMENT MANAGEMENT The project 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 Project Manager Contractor Project Manager Christopher Stanley Shannon Burns Chief Financial & Management Officer Juvenile Court Administrator PO Box 41170 1820 Jefferson St Olympia, WA 98504-1170 Port Townsend, WA 98368.6951 Christopher.Stanley@courts.wa.gov (360) 357-2406 sburns@co.jefferson.wa.us 360-385-9190 XX. 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. AGREED: Washington State Administrative County Juvenile Court Office of the Courts Signature Date Signature Date Christopher Stanley, CGFM Kate Dean Name Name Chief Financial and Management Chair/ Jefferson County BOcc Officer Title Title IAA25347 Page 6 of 7 Approved as to form Only: Signature Philip C. Hunsucker August 21, 2024 Name Date Chief Civil Deputy Prosecuting Attorney Title IAA25347 Page 7 of 7