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Home My WebLink AboutRES 2020-150BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUION NO. 2020- I {CI A Resolution Authorizing Execution of lnterlocal Agreement with the State of Washington Administrative Office of the Courts WHEREAS, WHEREAS, WHEREAS, WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities ior mutual advantage; and The Siate of Washington Administrative Office of the Courts contracts with individual counties to provide "Becca Bill' (Rcw 13.32A and 2gA.22s) services; and Kittitas County Juvenile Court provides "Becca Bill" services, including CHINS Petitions, ARY petitions, and truancy petitions; and An lnterlocal Agreement 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 the attached lnterlocal Agreement between Kittitas County and the State of Washington Administrative Office of the Courts be executed for the provision and funding of Becca Aitt services. The executed agreement shall be filed in a manner compliaht witn RCW 39.34.040 ADOPTED this f$f day of 'S {'tr'mb'{202A BOARD OF COUNry COMMISSIONERS KITTITAS COUNry HINGTON Brett m h, Vice-Chair RESOLUTION Cory Wright, Comm issioner ATTEST: CLERK OF THE BOARD re. APPROVED AS TO FORM Douglas Mitchell, 2L k Deputy Prosecuting wsBA#22877 rney RESOLUTION INTERAGENCY AGREEMENT IAA21445 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND KITTITAS COUNTY J UVENILE 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 process Truancy, At Risk Youth and Child in Need of Services (Becca) programs and services within itsjurisdiction and according to the intent of 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 process Truancy, At Risk Youth (ARY) and Child in Need of Services (CHINS) programs within the Contractols jurisdiction pursuant to chapter 13.32A, RCW. The Contractor shall submit summary reports to AOC documenting Becca activities. These reports shall provide both the number of petitions and the actual cost of processing such 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 Courts website under Court Resources> Court Management and choose the "Becca Bi-Annual Report to AOC". Reporting schedule: Period Report Due 07t01t20 - 12t31i2A 01t31t21 01t01t21 - 06t3an1 07t31t21 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. Hahn@courts.wa. oov or (360) 7 05-527 6 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 t4421445 Page 1 of 5 performance under this Agreement is July 1 ,2020 regardless of the date of execution and it shall end on June 30, 2021, except for any remaining obligations of the Contractor as may exist. COMPENSATION a. Contractor shall be reimbursed a maximum of $36,913 for costs incuned 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 the processing of CHINS, ARY and Truancy 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 invoice detailing reimbursable expenses. lnvoices are to be sent to Financial Services, Administrative Office of the Courts, P.O. Box 41172, Olympia, WA 98504-1172^ AAC 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 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. i. 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 thcl dacinnalcd a rthnritv at the Sr rnerinr (lnr rd and is rcarlilv anr:essihle for rerrierar hv AOC or the State Auditor. REVENUE SHARING AOC, in its sole discretion and upon notice, may reallocate funding among county Becca programs. lf it appears Contractor may not expend the maximum contract amount, AOC may reduce the maximum contract amount. AOC may increase the maximum contract amount if additionalfunds become available through this revenue sharing program. OTHER PROVISIONS FOR SERVICES a. Background Check/Criminal History ln accordance with Chapters 110-700 WAC, 7205 RCW, and 43.20A RCW, the Contractor is required to conduct background checklcriminal history clearance for all employees, subcontractors and/or volunteers who may or will have regular access to any client/juvenile, prior to any access under this Agreement. 1AA21445 Page 2 of 5 ln addition, Contractor may be required to conduct background checklcriminal history clearance for employees, subcontractors and/or volunteers who may or will have limited access to any clienUjuvenile, 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 suitablelor 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 requiremenis 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 sufliciently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shali be subject to inspection, lev_lew or audit by personnel of both parties, other personnel duly authorizeO ny 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 thes'e' 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 agieed. The receiving party will not disclose or make available tnis miterial to any third parties without first giving notice to the furnishing party and giving it a reasonable opporiunity to respond. Each party will utilize reasonable security procedures and protections to assure thaf records and documenti provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless othenruise 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. Ownershipincludes the right to copyright, patent, register, and the ability to transfer these rights. 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 6ny purpose to be employees or agents of the other party 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 14 21445 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 Convenience Except as othenryise 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 lf 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. lf failure or violation 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 proMsions 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 any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following^order: r^ ^r^r^ ^^r r^r^-^r ^r^r..r^^ ^^r -..r^^._l- l- 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 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. SAVINGS ln 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 day notice requirement, subject to renegotiation under those new funding limitations and conditions. AOC, at its discretion, may also elect to amend the Agreement to reflect a budgei reduction tAA21445 Page 4 of 5 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 amendment. The other party understands that refusing to agree to a budget reduction amendment will necessitate termination of this agreement. COUNTERPARTS Each party agrees that a facsimile (fAX) or scanned transmission of any original document shall have the same effect as the original. Any signature required on an original shall be completed and sent to the other party, as applicable, when a facsimile copy has been signed. The parties agree that signed facsimile or scanned copies of documents shall be given full etlect as if an original. CONTRACT MANAGEMENT The program 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 Program Manager: Sondra Hahn Court Association Coordi nator PO Box 41170 Olympia, WA 98504-117A sond ra. hah n@courts.wa. gov (360) 705-5276 Gontractor Program Manager: Katrina Mankus, Juvenile Court Administrator 205 W Sth Ave, Ste 211 Ellensburg, WA 98926-2887 katrina. man kus@co. kittitas. wa. us 509-962-7516 ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or othenruise, regarding the subject matter of this contract shall be considered to exist or to bind any of the parties to this Agreement unless otherwise stated in this Agreement. AGREED: THE ADMINISTRATIVE OFFICE OF THE COURTS €^) Signature Ramsev Radwan Name Director, AOC Man agement Seruices Title KITTITAS COUNTY JUVENILE COURT F t?af Date Title 14p.21445 Page 5 of 5