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HomeMy WebLinkAboutRes-2021-158 InterlocalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUfloN No. 2021- I 5 0 A Resolution Authorizing Execution of lnterlocal Agreement with the State of Washington Administrative Office of the Courls WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage; and WHEREAS, The State of Washington Administrative Office of the Courts contracts with individual counties to provide "Becca Bill" (RCW 13.32A and 2BA.22S) services; and WHEREAS, Kittitas County Juvenile Court provides "Becca Bill" services, including CHINS petitions, ARy petitions, and truancy petitions; and WHEREAS, An lnterlocalAgreement is necessary for providing these services; and WHEREAS, the State of Washington Administrative Office of the Courts and KITTITAS COUNTY possess authority to enter into this Agreement pursuant to Chapter 3g.34 RCW. NOW, THEREFORE, BE lT RESOLVED AND lT lS HEREBY ORDERED, that theattached lnterlocal Agreement between Kittitas County and the State of Washington Administrative Office of the Courts be executed for the piovision and funding of gecca- gilt services' The executed agreement shall be filed in a manner compliant with RCW 39.34.040. ADOPTED this lq+^d ay of 2021 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ABSENT B S , Chair SI , Vice-Chair RESOLUTION ght, Commissioner ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM #"LLTTI Douglas Mitchell, Deputy ng Attorney wsBA#22877-11SJ.' i.:, .,,..' ,."'i rt,tA(;!\ ".r' ,l,itttu'u' .:' uu RESOLUTION INTE RAG E NCY AGREEMENT IAA221O1 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND KITTITAS COUNTY JUVENILE COURT FOR BECCA PROGRAMS AND SERVICES THIS AGREEMENT is entered into by and between the Administrative Office of the Courts (AOC) and Kittitas County Juvenile Court (Contractor). PURPOSE The purpose of this Agreement is to engage the services of the Contractor to administer Truancy, At Risk Youth and Child in Need of Services (Becca) programs and services within its jurisdiction and according to the intentof 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 administer 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 the number of 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 lnside Courls website under Court Resources> Court Management and choose the "Becca Bi-Annual Report to AOC". Reporting schedule: Period Roport Due 07101121 - 12t31/21 01131t22 01101122 - 06t30t22 07 t31t22 Failure to submit a report by the due date may adversely affect state funding of the Becca program. lf you have questions, please contact the AOC Program Manager Sondra Hahn at Sondra, Ha hn@ courts,wa.gov or (360) 7 OS-527 6, PERIOD OF PERFORMANCE The execution of this Agreement shall constitute a ratification of an earlier verbal agreementbetween the parties that is now set forth in writing, Accordingly, the beginning date ofper-formance under this Agreement is July 1 , 2011 regardleis of the olte of i*rJtiln and it shallend on June 30, 2022, except for any remaining oblilations of the contractor as may exist. 1A422101 Page 1 of 5 COMPENSATION a. Contractor shall be reimbursed a maximum of $36,913 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 actualcosts (within the amount identifled) which are associated with the processing and case management of CHINS, ARY and Truancy referrals/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, lf 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 and Becca Monthly Detail Report, lnvoices are to be sent via email to AOC Financial Services at MsDEinancialservices@gggls.!yg*g_qy or to: AOC Financial Services, PO 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 aproperly prepared invoice by the AOC or receipt of satisfactory services, whichever is later. h, Contractor shall maintain sufficient backup documentation of direci costs expenses under this Agreement. i. Allocated administrative court costs must be applied at a rate that is set forth andsupported by a documented internal administrative rate plan that has been approveo bythe designated authority at the Superior Court and is readily accessible for review Uy -' AOC or the State Auditor. REVENUE SHARING AoC, in its sole discretion and upon notice, may reallocate funding among county Beccaprograms' lf it appears contractor may not expend the maximum |ontraciamount, AoC mayreduce the maximum contract amouni. Aoc may increase the maximum contract amount ifadditionalfunds become available through this rlvenue sharing progru, -- OTHER PROVISIONS FOR SERVICES a. Background Check/Criminal History ln accordance with chapters 110-700 wAC, and 43,2OARCW, the contractor isrequired to conduct background check/criminal hirtory clearance for all employees,subcontractors and/or volunteers who may or wilLhave regular access to anycrienvjuvenire, prior to any access under t'hrs Agreement. t4A22101 Page 2 of S ln addition, Contractor may be required to conduct background check/criminal history clearance for employees, subcontractors and/or voiunteers who may or will have limited access to any client/juvenile, prior to any 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 clients/juveniles. Contractor shall affirmatively acknowledge that it has met these requirements and submit that acknowledgement to AOC, 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 of RCW 13.40,570 and of the crimes set forth in Chapter 9A.44 RCW, "Sexual Offenses." 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 subjectto inspection, review oraudit by personnel of both parlies, 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 this 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 pafi to this Agreement to the other party, will remain the properly of the furnishing party, unless otherurise agieed. 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 thaf records and documentsprovided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otheru,rise provided, data which originates from this Agreement shall be ,,works for hire,,asdefined by the U.S. Copyright Act of 1976 and shall be owned by AOC. Data shall include, but notbe limited to, reports, documents, pamphlets, advertisements, books, magazines, surueys,studies, computer programs, films, tapes, video andior sound reproductio-ns. Ownership includesthe right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each parly who are engaged in the performance of this Agreementshall continue to be employees or agents of that paftylnO shall not be considered for anypurpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AM ENDMENTS This Agreement may be amended by mutual agreement of the parlies, Such amendments shallnot be binding unless they are in writing and sijned by personnel authorized to bind each of the tAA22101 Page 3 of 5 parties, This clause does not apply to the provisions of the REVENUE SHARING section in this Agreement, TERMINATION a, Termination for Gonvenience 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, lf 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. b. Termination for Cause If 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 parly will give the other party written notice of such failure or violation, The resfonsible party will be given the opporlunity to correct the violation or failure within 15 working days, lf failure or vlolation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other party, DISPUTES ln 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 shalljointly 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 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 of this Agreement shall be construed to conform to those laws. ln the event of an inconsistency in the terms of this Agreement, or between its terms and anyapplicable statute or rule, the inconsistency shall be resolved by giving precedence in thefollowing 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 notassignable or delegable by either party in whole or in pirt, without thl exprebs prior writtenconsent 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 anyway after the effective date of this Agreement and prior to normal completion, the AoC mayterminate the Agreement under the 'rTermination for convenierce" clause, wiirrout the 1ve daynotice requirement, subject to renegotiation underttrose new funding limitations and conditions.Aoc, at its discretion, may also etelt to amend the Agreement to reflect a budget reduction t4A22101 Page 4 ofS 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 antendntent. The other party understancls tlrat refusing ta agree to a budget reduction amendment will necessitate termination of this agreenrent. COUNTERPARTS Fach pafly agrees tlrat a facsimile (FAX) or scanned transmission of any original docume nt shall have the same effect as the original. Any signature required on an original shall be cornpleted and sent to the other party, as applicable, wlren a facsirlile copy has been signed. The parties agree that signecl facsimile or scanned copies of documents shall be given full eflect as if an original. CONTRACT MANAGEMENT The program manager for eaclr of the parties shall be respansible for and shall be the contact person for all cotnnrunications and billirrgs regarding the performance of this Agreement: AOC Project Manager Contractor Project Manager $ondra Hahn Court Program Analyst PO Box 41170 Olympia, WA 98504-1170 so nd ra. ha hn @cou r1s.wa. gov (360) 705-5276 Katrina Mankus J uven iJe Cor-r11 Adnrinistrator 205 W 5th Ave, $te 211 Elle nsburg, WA 98S26-2887 katrina.mankus@co. kittitas, wa. us 50s,s62-751 6 ENTIRE AGREEMENT This Agreenrent ccntains all the ternrs arrd conditions agreed upon by the parties. No other understandings, oral or otherwise, regardirrg the subject matter of thii contractshall be considered to exist or to [:ind any of t]re parties to this Agreement unless otherwise statecl in this Agreement. AGREED: THE ADMINISTRATIVE OFFIC E OF THE COURTS lra ignature Date KITTITAS COUNTY JUVTNILE COURT Ir;fi L ture afe Christo pher Stanlev Nante Name :3, r.-*tt ir.5'i:l*t'l**n Chief Financial and M an ement Officer Title )t.*'\ tAAz?1Al Title ":kt;pr.-v'v c*rr"-'f{-'Frr Pagc 5 of S EXHIBIT A BECCA COST GUIDELINES A. PURPOSE and SCOPE This document establishes the allowable cost guidelines for Becca reimbursements, lt also sets fotlh 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. GENERAL Becca allowable costs are only those costs associated with "processing and case management of truancy, children in need of services, and at-risk youth referrals." See ESSB 5092 SecJion 115*(?Xa) And (b) (20?ll. The guidelines below take into consideration the financial needs of courts for processing and case management of Becca referrals and allows for reimbursement for expenses related to such activities. These guidelines are consistent to the legislative restrictions and guidelines placed on Becca funding, C. ROLES AND RESPONSIBILITIES 1, Court Project Manager ' Person designated by the court to manage the Becca contract according to its terms including report preparation, scope of work, and performance ' Submits invoices and other required documentation in an accurate andtimely manner ' Keeps all supporting documentation for audit purposes for at least sixyears after contract expires 2. AOC Project Manager . Acts as central contact with the court ' Approves invoices and submitted supporting documentation for Beccareimbursement ' Forwards cost and budget questions received from the courts to the AOCComptroller ' Reviews arr reports required under the Becca agreement 3. Management Services Director Resolves policy and procedural issues related to Becca funding 1 BECCA Guidetines g /2021 4. AOC Comptroller r Determines Becca annual fund allocation based on monies received from the legislature; see Allocation Process section for allocation process detailsr 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 Becca agreements. Answers questions regarding compliance with the agreements. Provides advice on interpretation of agreement 6. State Auditor . Audits Courts and AOC for compliance with Becca D. ALLOWABLE COSTS AND SUPPORTING DOCUMENTATION 1. Staff/FTE (salaries and benefits) a a a Judicial Officer (i.e, judges, commissioners, and pro tems) - Time records and dockets regarding Becca processing and case management must be kept locally. A judicial officer computation rate will be supplied by AOC, and will be the same for all superior court judges or pro tems hearing Becca cases. The reimbursement for the judge or pro tem can only be for half the judge's hourly salary, lf the judicial officer is a commissioner, reimbursement will be for a commissioner rate supplied by Aoc or the actual cost, whichever is less, other court staff (e,9. clerks, court project managers, Becca counselors or case managers, office staff) payroll record/time and attendance records related to the processing and iase management of a Becca referral must be kept locally, lf the employee is not assigned fulltime to Becca then compensation reimbursement must be proportioned to the amount of timethe employee processes Becca referrals and must be documented by time and attendance records, NorE: This does not mean that timesheets must be completed to track the time spent on Becca. Document theprocess for determining the amount of time the person(s) spend on Beccaduties, For example, keep track of time for at least a week and then determine the percentage to be charged, An Administrative Rate is allowed but an internal administrative rate mustbe documented and approved by the court administrator, This internaladministrative rate must be documented with the formula used to 2BECCA Guidelines gtZ021 determine the rate. Documentation must be on file locally and available to AOC and State Auditor, The vendor invoices must also be on file locally, 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 filing, processing, case management, or direct services related to Becca cases and invoice must be approved by authorizing authority (i.e. courl 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. Defense Attorney - lnvoice must identify the specific Becca cases for which reimbursement is requested, hours worked, and the hourly or flat rate that was charged. These documents do not need to accompany the invoice to Aoc. They should be readily available for audit purposes, Prosecutor - lnvoice to include a breakdown of billable hours/rates working on filed Becca cases or invoice based on a per Becca petition cost to process along with rationale and explanation on how petition cost was determined, 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 Becca case processing or management and may include consurnable supplies.vendor invoices shourd be kept locally for audit purposes.o costs Allocated by lnternal Administrative Rate - supplies may beallocated, but an internal administrative rate must be documented andapproved by the court administrator. This internal administrative ratemust be documented with the formula used to determine the rate,Documentation must be on fire and available to Aoc and stateAuditor, The vendor invoices must be on file locaily. 4. Equipment a a a a a Actual costs - Reimbursement request does not need to include thevendor invoice if direcily rerated to Becca; however, it must be kept rocailyand equipment is used solely for case processing or management. Anymajor purchase must be approved by Aoc proje"ct Munug",. prior topurchase' Major purchase is defined as purchase of an item where thecost is greater than g50o or where the service/maintenance period on theequipment is greater than one year and could "*.""0 $SOO in totut JBECCA Guidetines gt2o21 a a 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 Becca work, Costs Allocated by an lnternalAdministrative Rate - Equipment costs may be aliocated, 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 6, Travel Reimbursement for attending the annual Becca conference is provided, not to exceed the published AOC travel and per diem rates. Travel/Expense Vouchers for travel to and from the annuar Becca conference and services specifically related to Becca case processing or management. Reimbursement is limited to the published Aoc travelind per diem rates. 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. 7. Detention a a Verification of detention days ordered and days served. Rate for detentioncosts cannot be billed at a daily rate that is higher than that charged toother courts purchasing beds nor should they be higher than ther,actual,,daily detention costs. lf billing occurs based on a oliry rate, records ofactual costs should be kept on file to substantiate daily rate, lf a rate isused for billing, the rate calculation must be kept locally for auditpurposes, 4BECCA Guidelines 9 tZO21 Becca Allocation Process Each biennium, an appropriation is provided by the WA State Legislature to the AOC to offset the costs associated with the processing and case management of Becca referrals, The appropriations are provided from the State General Fund (SGF) as proviso, and are partitioned by fiscal year. ln the 2021-2023 Biennium, the amounts provided were $7 million per fiscal year. Allocation of the funding is based on caseload data from each county for CHINS, ARY, and Truancy filings, The CHINS and ARY filing data is available through the AOC online caseload reports, Truancy data is researched and uploaded by the AOC Comptroller. 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 cHlNS, ARY, and Truancy 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 that are available to counties, The formula is developed according to provisions set forth in the2021-2023 omnibus operating budget. Specifically the operating budget states, in part: "The administrator for the coLtrts, in conjunction with the juvenite court administrators, shall develop an equitable funding distribution formula. The formula must neither reward counties with higher than average per-petition/referral processing cosfs nor shatl it penitize counties with bwerthan average per-petition/referral processing cosfs.,, 5BECCA Guidelines gl2o21 Audit Process The AOC Comptroller will periodically audit court Becca 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 Becca 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 Becca in that county, Following this review, the Aoc comptroller (or designee) will contact the court if reimbursement request(s) do not meet the criteria and file the attached reporl in the AOC Becca audit file. See next page for sample report 6BECCA Guidelines 912021 State of Washington Administrative Office of the Courts l, [AOC Comptroller name], have reviewed the Becca reimbursement documents and supporting documentation provided by lcounty and county designee namel for the time period Fiscal Year [20XX], and do hereby declare that: I Documentation is in compliance with Becca cost reimbursement requirements, n Documentation is not in compliance with Becca cost reimbursement requirements. The following corrective action must be taken: Summary/detail of corrective action and completion provided here Signed AO C Comptroller/Designee Date n;\programs & organizations\wajca\contracts\exhibit a becca cost guiclelines 2021.docx 7BECCA Guidetines gt2o21