Loading...
HomeMy WebLinkAboutRES 2022-135 Signed BECCA AgreementBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022- T h5 A Resolution Authorizing Execution of lnterlocal Agreement with the State of Washington Administrative Office of the Courts 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 28A.225) 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'Bitt services' The executed agreement shall be filed in a manner compliant with RCW 39.34.040. ADOPTED this h4,' da yof 2022 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON tr ht, Vice-C r E RESOLUTION Brett ch SM ith, Commissioner ATTEST: CLERK OF THE BOARD lie A /ililil1 APPROVED AS TO FORM z 9r+ Douglas Mitchell, Deputy rosecuting Attorney WS 877 RESOLUTION DocuSign Envelope lD: C6C78351 -0CC2-4ADA-920 A-F 48362MD017 INTERAGENCY AGREEMENT IAA23838 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS ANDKittitas COUNTY JUVENTLE COURT FOR BECCA PROGRAMS AND SERVICES Sondra.Hahn @courts WA PERIOD OF PERFORMANCE THIS AGREEMENT is entered into by and between the Administrative Office of the Courts(Aoc) and Kittitas county Juvenire court (contractor). PURPOSE The purpose of this Agreement is to engage the services of the Contractor to administerTruancy, At Risk Youth and Child in Need of Services (Becca) programs and services within itsjurisdiction and according to the intent of the Becca legislation ctraiter 13.324 RCW. Funds received by ihe Contractor under this Agreement may only be used to supplement, notsupplant, any other local, state or federal fundJ received Oyifre iontractor. STATEMENT OF WORK The Contractor will administer Truancy, At Risk Youth (ARy) and Child in Need of Services(cHlNS) programs within the Contracior's jurisdiction pursuant to chapter 13.324, RCW, The Contractor shall submit summary reports to AoC documenting Becca activities. Thesereports 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 submittedelectronically' The required form for bi-annual reporting, which is incorporated in thisagreement, is located on the lnside Courts website und6r Courl Resources> CourtManagement and choose the "Becca Bi-Annuar neport io Aoc,'. Reporting schedule: Failure to submit a report by the due date may adversely affect state funding of the Beccaprogram. lf you have questions,please contact the AOC program Manager Sondra Hahn ator (360) 705-5226. The execution of this Agreement shall constitute a ratification of an earlier verbal agreementbetween the parties that is now set forth in writing. nccoioingry, the beginning date ofperformance under this Agreement is July 1 , zo"zzr"g"rJi"r, of the date of execution and it :lill."to on June 30,202s, except for anv remainin! obrigations of th; coitra"tor as may Period DueRe 07t01t22 - 12t31t22 01t31t23 01t01t23 - 06/30 123 07t31t23 tAA23B38 Page 1 of 5 DocuSign Envelope lD: COC7835 1 -OCC2-4ADA-920A-F4B362A2DO 1 7 COMPENSATION a. Contractorshall bereimbursedamaximumof $36,913 forcostsincurredduringthe period of performance. Payment for satisfactory performance of the work shall not exceedthis amount unless the parties mutually agree to a higher amount in writing, except asgoverned by the REVENUE SHARING section of this agreement. b. contractor shall receive payment for actual costs (within the amount identified)which areassociated with the processing. an.d case management of CHINS, ARy and Truancyreferrals/petitions. Contractor shall use BECCA Cost Guidelinur (frf init A) as u grid. fo,.determining what costs should be reimbursed. c. Contractor shall not be reimbursed until properly-completed monthly A-19 invoice andBecca Monthly Detail Report (Exhibit B) is received and approved by AOC.d' lf this agreement is terminated, Contractor shall only receive payment for performancerendered or costs incurred in accordance with the terms of this igr""rn"nt prior to theeffective 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 washingtonState form A-19 and Becca Monthly Detail Report (Exhibit B). lnvo'ices are to be sent viaemail to AoC Financial Services at pavables@courts.wa.qov. AOC will remit payment totheContractorinatotalamountnottffiiscontract' 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 islater. h' Contractor shall maintain sufficient backup documentation of direct costs expensesunder this Agreement. i' Allocated administrative court costs must be applied at a rate that is set forth andsupported by a documented internal administraiive rate plan that has been approved bythe designated authority at the Superior Court and is readily accessible for review byAOC 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 iontraciamount, AoC mayreduce the maximum contract amount. Aoc may increase the rnaximum contract amount ifadditional funds become available through this revenue iharing progr;;.-- 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 history clearance for all employees,subcontractors and/or volunteers who may or will have regular access to anyclient/juvenire, prior to any access under this Agreement. ln addition, Contractor may be required to conduct background check/criminal historyclearance for employees, iubcontractors and/or volunteers who may or will have limitedaccess to any crient/juvenire, prior to any access under this Agree.lnt. 1AA23838 Page 2 of S DocuSign Envelope tD: C6C78351 -0CC2-4AD A_g2OA_F 48362A2D017 The Contractor shall, based on the results from the criminal background check, determinewhether each employee, volunteer, and subcontractor is suitablelor access toclients/juveniles. Contractor shall affirmatively acknowledge that it has met these requirements andsubmit that acknowledgement to AoC. Contractor shall also document the backgroundcheck/criminal history clearance process it employs. b. Sexual Misconduct Contractor shall ensure that all employees, subcontractors and/or volunteers areknowledgeable about the requirements of RCW 13.40.s70 and of the crimes set forlh inChapter 9A.44 RCW, ',Sexual Offenses.', RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidencewhich sufficiently and properly reflect all direct and indirect costs expended by either pa1y in theperformance of the service(s) described herein. These records shali oe subject to inspection,review or audit by p-ersonnel of both parlies, other personnel duly authorized by either parly, theoffice of the State Auditor, and federal oflicials so authorized by law. All books, records,documents, and other material relevant_to this Agreement will be retained for six years afterexpiration of this Agreement and the oflice of thJ state Auditor, federal auditors, and any personsduly authorized by the parlies shall have full access and the right to examine any of thesematerials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to theother party, will remain the property of ttre furnishing p"rty, unless othenvise agreed. Thereceiving party will not disclose or make available tf,is material to any thirJparties without firstgiving notice to the furnishing parly and giving it a reasonable oppoiunitylJi"rpond. Each partywill utilize reasonable security proiedures and protections to assure that records and documentsprovided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless othen'vise provided, data which originates from this Agreement shall be ,,works for hire,,asdefined by the U'S' copyright Act of '1976 Lnd shall ue owneo by Aoc. Data shal include, but notbe limited to, reports, documents, pamphrets, advertisements, books, magazines, surveys,studies, computer programs, films, tapes, video and/or sound reproductio-ns, ownership includesthe right to copyright, patent, register,'and the abirity to iransrer 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. "g"nt, of that prtyit.,J shall not u" "onrio"red for anypurpose to be employees or agents bt tfre other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parlies. Such amendments shallnot be binding unless they are in wriling and sijned oy p"rronnel authorized to bind each of the l3f"hJfls clause does not applv to t'he proviiions or ine REVENUE snnniruc section in this TERMINATION 1AA23838 Page 3 of 5 DocuSlgn Envelope tD: C6C7B35 I -0CC2-4ADA-g20 A-F 48362A2D017 a. Termination for Convenience Except as otherwise provided in this Agreement, either party may terminate thisAgreement by providing written notice of such termination to tfre other specifying theeffective date thereof, at least five (5) calendar days prior to such date. lf this contract isso terminated, the AOC shall be liable only for payment for work completed andaccepted prior to the effective date of termination. b. Termination for Cause lf either party does not fulfill in a timely and proper manner its obligations under thisAgreement, or if either party violates any of ihese terms and conditions, the aggrievedparty will give.the other party written notice of such failure or violation. The responsibleparty will be given the opportunity to correct the violation or failure within 15 workingdays. lf failure or violation is not corrected, this Agreement may be terminatedimmediately 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 DisputeBoard in the following manner: Each party to tris Agreement shall appoint one member to theDispute Board' The members so appointed shalljoiltlyappoint an additional member to theDispute Board' The Dispute Board shall review tl're facts, agreement terms and applicablestatutes and rules and make a determination of the dispute. The determination of the DisputeBoard shall be finar and binding on the parties hereto. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of thestate of washington and any applicable federal laws. The provisionJ of this Agreement shall beconstrued 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 r6solved by giving precedence in thefollowing order: a, Applicable state and federal statutes and rules;b. Statement of work; andc' Any other provisions of the Agreement including materiars incorporated by attachment orreference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is notassignable or delegable by either partiy i1 whole oI. i" plrt without the express prior writtenconsent of the other party, which consent shail not be unreasonably withheld. SAVINGS ln 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 iTermination for conveniencu,, clausu, *iinort the five daynotice requirement, subject to renegotiation under those new funding limitations and conditions.Aoc' at its discretion, may also elelt to amend_the Agreement to reflect a budget reductionwithout terminating the contract as long as Aoc gives- noti.u of the budget reduction to the otherparty and the other party agrees to the amendme-nt. The other party ,ni"otunos that refusing toagree to a budget reduction amendment will necessitate termination of this agreement. rAA23838 Page 4 of 5 DocuSign Envelope lD: C6C78351 -OCC2-4ADA-920A-F4836242D01 7 COUNTERPARTS Each party agrees that a facsimile (FAX) or scanned transmission of any original document shallhave the same effect as the original. Any signature required on an original s[all be completedand sent to the other party, as applicable, when a facsimile copy has been signed. The partiesagree that signed facsimile or scanned copies of documents snill be given fu'il efFect as if anoriginal. CONTRACT MANAGEMENT The program manager. for each of the parlies shall be responsible for and shall be the contactperson for all communications and billings regarding the performance of this Agreement: AOC Project Manager Contractor Project Mana ger Sondra Hahn Court Program Analyst PO Box 41170 Olympia, WA 98504-11T0 Sondra. Hah n@cou r1s.wa. gov (360) 705-5276 Katrina Man kus Juvenile Court Administrator 205 W 5th Ave, Ste 2'11 Ellensburg, WA 98926-2887 katrina.mankus@co. kittitas.wa.us 509-962-7s1 6 ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No otherunderstandings, oral or otherwise, regarding the subjecimatter of this contract shall beconsidered to exist or to bind any of tne parties to this Agr""r"nt unless otherwise stated inthis Agreement. AGREED: THE ADMINISTRATIVE OFFICE OF THE COU TS Kittitas COUNTY JUVENILE COURT ,"t t-S tu Christo pher S €trubV,lu*Jln" tanley Sa-a bt R-S-pt.t=5 re Name Name Chief Financial and Mana ement Officer ?'.s-+ Title Title tAA23838 Page 5 of 5 tuADOPTED this da yof Douglas R. Mitc orsvik Mandy Buchholz 2022 RD COUNTY COMMISSIONERS c , WASHINGTON acz,Chairman ht, mith, Commissioner APPROVED AS TO FORM an LP ll, Deputy Prosecuting Attorney ,dder( of the Board- Julie Kj- n Deputy Clerk of the Board- Cot A 4 DocuSign Envelope lD: C6C78351 -0CC2-4ADA-920A-F48362A2D01 7 EXHIBIT A BECCA COST GUIDELINES A. PURPOSE and SCOPE This document establishes the allowable cost guidelines for Becca reimbursements. lt 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. GENERAL Becca allowable costs are only those costs associa management of truancy, children in need of service 2 a 021 a ted with "processing and case s, and at-risk youth referrals." See The guidelines below take into consideration the financial needs of courts for processing and case management of Becca referrals and allows for reimbursement for expensesrelated to such activities. These guidelines are consistent to the legislative restrictionsand guidelines placed on Becca funding. C. ROLES AND RESPONSIBILITIES 1. Court Project Manager ' Person designated by the court to manage the Becca contract accordingto its terms including report preparation,lcope of work, and per-formance ' 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 all reports required under the Becca agreement a 3. Management Services Director Resolves poricy and procedurar issues rerated to Becca funding BECCA Guidetines 9t2021 DocuSign Envelope lD: C6C7B351-OCC2-4ADA-920 A-F48362A2D017 4. AOC Comptroller . Determines Becca 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 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 DOCUMENTATTON 1. Staff/FTE (salaries and benefits) a Judicial officer (i.e. judges, commissioners, and pro tems) - Time recordsand dockets regarding Becca processing and case management must bekept locally. A judicial officer computation rate will be supptieo by Aoc,and will be the same for all superior court judges or pro tems hearingBecca cases. The reimbursement for the luoge or pro tem can only be forhalf the judge's hourly sarary. lf the judiciil officer is a commission-er,reimbursement will be for a commissioner rate supplied by Aoc or theactual cost, whichever is less. other court staff (e.g. clerks, court project managers, Becca counselors orcase managers, office staff) payroll record/time and attendance recordsrelated to the processing and case management of a Becca referral mustbe kept locally. lf the emproyee is not asJigned fulltime to Becca thencompensation reimbursement must be proportioned to the amount of timethe employee processes Becca referrals and must be documented by timeand attendance records. NoTE: This does not mean that timesheetsmust be completed to track the time spent on Becca. Document theprocess for determining the amount of time the person(s) spend on Beccaduties. For exampre, keep track of time for at reast a week and thendetermine the percentage to be charged. An Administrative Rate is allowed bui an internal administrative rate mustbe documented and approved by the court administrator. This internaladministrative rate must be docimented with the formura used to a a 2BECCA Guidetines 9l2OZ1 DocuSign Envelope lD: C6C78351-0CC2-4ADA-920 A-F48362A2D017 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. 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. 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 prrporur. Prosecutor - lnvoice to include a breakdown of billable hours/rates working on filed Becca cases or invoice based on a per Becca petition cost toprocess along with rationale and explanation on how petition cost wasdetermined. These documents do not need to accompany the invoice toAOC. They should be readily available for audit purposes. a a 3. Goods 4. . Supplies o Actual costs - Supplies should be necessary for Becca caseprocessing or management and may include consumable supplies.Vendor invoices shourd be kept tocatty for audit purposes.o costs Allocated by rnternar Administritive Rate - suppries 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 file and available to Aoc and StateAuditor. The vendor invoices must be on fire rocaily. Equipment . Actual costs - Reimbursement request does not need to include thevendor invoice if direcfly rerated to Becca; howevei,-iimust be kept rocalyand equipment is used sorery for case processing or management. Anymajor purchase must be approved by Aoc erole"ciManager prior topurchase. Major purchase is defined as purchase of an item where thecost is greater than $500 or where the service/maintenance period on theequipment is greater than one year and could **"uuJ $500 in total 3BECCA Guidetines 9t2021 DocuSign Envelope lD: C6C78351-0CC2-4ADA-920 A-F4B36ZA2DO17 maintenance costs. Vehicle and other high cost items are not allowable purchases. The purchase of printers and laptops is allowabre within the existing contract allocation as long as the equipment is only provided to perform Becca work. costs Allocated by an lnternal 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 Becca conference is provided, not to exceed the published AOC travel and per diem rates. a a a 6. Travel a Travel/Expense Vouchers for traver to and from the annual Becca conference and services specifically related to Becca case processing ormanagement. Reimbursement is limited to the published Aoc travel indper diem rates. o supporting Documentation -All travel reimbursement requests must bekept locally for audit purposes.o All travel expenses must be within the travel costs permitted by theAOC at the time of travel. 7. Detention 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 the ,,actuar,, daily detention costs. rf billing occurs based on a oiity rate, records ofactual costs should be kept on file to substantiate daily rate. lf a rate isused for billing, the rate carculation must be kept localiy ior auditpurposes. 4BECCA Guidetines 9t2021 DocuSign Envelope lD: CGC7B35'1 -0CC2-4ADA-920A-F48362A2001 7 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 parlitioned by fiscal year. ln lhe 2021-2023 Biennium, the amounts provided were 97 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 lhe 2021-2023 omnibus operating budget. specifically the operating budget states, in part: "The administrator for the courts, in conjunction with the juvenite court administrators, shall develop an equitabte funding distribution formula. The formula must neither reward counties with higher than average per-petition/referralprocessrng cosls nor shall it penilize counties with tower than average per-petition/referral processing cosfs.,, 5BECCA Guidelines 9 t2021 DocuSign Envelope lD: C6C78351-0CC2-4ADA-920 A-F4B362MDO17 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 ciiteria and file the attached report in the Aoc Becca audit fire. See next page for sample report. 6BECCA Guidetines 9t2021 DocuSign Envelope lD: C6C78351-0CC2-4ADA-920A-F48362A2D017 State of Washington Administrative Office of the Courts l, lAoc comptroller namel, 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: ! Documentation is in compliance with Becca cost reimbursement requirements. n Documentation is not in compliance r,vith Becca cost reimbursement requirements. The following corrective action must be taken: summary/detail of corrective action and completion provided here. Signed AOC Comptroller/Designee Date 7BECCA Guidelines 9l2OZ1 rM23838 DocuSign Envelope lD: C6C7B351-0CC2-4ADA-920 A-F48362A2D017 BECCA MONTHLY DETAIL REPORT Exhibit B Report Administrative Office of the Courts (submit monthly with A-1g invoice) COURT:MONTH|YEAR: STAFF/FTE - Judicial officer salary & benefits - Other court staff salary & benefits Total $ PROFESSIONAL SERVICES - General vendor services - Defense attorney - Other (specify) Total $ GOODS - Supplies - Communication (Telephone/postage) - Other (Computer/Licenses) Total $ EQUIPMENT - Computer Set-Up - Other (specify) Total $ TRAINING - Becca-specific Total $ TRAVEL - Mileage - Per Diem Total $ DETENTION - Daily rate detention costs or actual costs Total $ GR[1P TOTAL xlsca\contracts\exhi bit b -becca m detail $ 1AA23838