HomeMy WebLinkAboutAG 23-180 - AOC - DAWN M RUBIORETURN TO: Tiziana Giazzi
= 3016
CITY OF FEDERAL, WAY LAW DEPARTMENT ROUTING FORM
I. ORIGINATING DEPT./DIV: Municipal Court
2. ORIGINATING STAFF PERSON: Tiziana Giazzi EXT: 3016 3. DATE REQ, BY:
4. TYPE OF DOCUMENT (CHECK ONE);
CONTRACTOR SELECTION DOCUMENT (B.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS .AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E G BOND RELATED DOCUMENTS)
L ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG9): G INTERLOCA[,
IA OTHER GRANT ACCEPTANCE AGREEMENT ;lIAA24203 - AGENDA AND MEMO —
5. P ROJ ECT NAME: AOC AGREEMENT IAA24203 -THERAPEUTIC COURT REIMBURSEMENT
6
NAME OF CONTRACTOR: AOC - DAWN M RUBIO
ADDRESS: PO BOX 41170, OLYMPIA, WA 98504.1170
E-MAIL: BawnMer(e tiutsicOtouns-wa.gvv
SIGNATURENAME:— aWn-MAP' �?illbl_Q —
_TELEPHONfE 360-763-3366
_ F.\X;
TITLE Stale Court Adminislrator
7, EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREML•NTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: CONIAMENCEMENT DATE: 07/01/2023
COMPLETION DATE: 06/30/2024
9. TOTAL COMPENSAT[ON $ 174.T43t?n _ (INCLUDE EXRENSES AND SALES TAX, IF ANY)
(IF CALC ULAI'ED ON HOURLY L —S R CHARGE. - ATTACH SCHEDULES OF EMPLOYEES I ITLES AND HOLIDAY iZAruS
REIMBURSABLEEXPENSE:AYES El NO IF YES, MAXIMUM DOLLAR AMOUNT: $174,74300
IS SALES TAX OWED 'OYES ONO IF YES, $___ --- PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RE-FAINAGEAMOUNT: _---,---El RETA [N AGE AGREEMENT (S FF CONTRACT) OR ❑RETAINAGEBOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW
A PRESIDING JUDGE
rl COURT ADMINISTRATOR
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW
11. COUNCIL APPROVAL (IF APPLICABLE)
INITIAL/ DATE REVIEWED INITIAL+ D.%'iE.APPROM)
DAL 7/26/23
TRG 7/26/23
TMW 7/31123 - agenda bill & staff memo only
COMMITTEE APPROVAL DATE: __— COUNCIL APPROVALDAFE:
12, CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: _ -_ DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY. INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
❑ LAW DEPARTMENT —
��NATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK _
❑ .ASSIGNED AG# AG#--,L_
COM vIENTS:
THIS IS AOC REIMBURSEMENT GRANT TO CONTINUE WITH OUR THERAPEUTIC COURT AGREED UPON PREVIOUSLY UNDER AG21-185 (RES 21-&14)
2i2017
COUNCIL MEETING DATE: September 5, 2023 ITEM #: _ / a _
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: THERAPEUTIC COURTS INTERAGENCY AGREEMENT
POLICY QUESTION: Should the City Council give approval to accept grant funds awarded by the
Administrative Office of the Courts ("AOC") to continue to provide therapeutic court services?
COMMITTEE: N/A MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Judge Dave Larson DEPT: Municipal Court
Attachments: 1. Staff Report
2. AOC Interagency Agreement IAA24203
Options Considered:
1. Ratify Interagency Agreement IAA24203 to provide reimbursement to the court in
support of its therapeutic court services.
2. Do not ratify Interagency Agreement IAA24203 and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1. {� y
MAYOR APPROVAL: N/A JUDGE APPROVAL: 2/23
Committee t: or ed nai Datr
Initial/Date 000"1,1111OU 5t IC
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I n2ove to ratify the proposed Interagency Agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COU NC IL ACTIO��
AI'I'IiOVE Oq-105-U2,3
COUNCIL BILL#
DVN IED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
El MOVED TO SECOND READING (ordinances onit)
ORDINANCE #
REVISED— 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 27, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Judge Dave Larson
SUBJECT: Therapeutic Courts Interagency Agreement
Financial Impacts:
The Court applied for and received an allocation of $174,743 out of monies appropriated by
the legislature in the 2023 session to be spent between July 1, 2023 and June 30, 2024. The
monies are allocated to the City as reimbursement for expenses incurred by the Court and we
are seeking ratification of the agreement.
The monies awarded are as follows:
1. $135,000 for the continuation of Peer Services with Peer Washington/Peer Kent at
Federal Way and Des Moines Municipal Courts;
2. $9,503 for staff equipment for our move of Community Court to the Federal Way
Regional Library in partnership with the King County Library System;
3. $30,240 for domestic violence treatment for qualified defendants.
Background Information:
1. Peer Support
We had a successful experience with the use of peer navigators and this money will allow us
to continue with that program. Our contract with Peer Washington provides 1.6 FTEs of peer
support services with 1.0 FTE assigned to Federal Way and .6 assigned to Des Moines.
2. Staff Equipment
These funds will pay for necessary computers, a printer/scanner, microphones, camera for
Zoom, television for projecting Zoom participants, and security equipment. The Federal
Way Regional Library and the Court will partner with sharing of a resource network housed
at the library.
3. Domestic Violence Treatment
Domestic violence treatment is not covered by insurance. This means that many defendants
cannot afford treatment and, therefore, do not comply. This creates problems ranging from
delays in court proceedings to j ail time for noncompliance with treatment. Many defendants
have other issues such as substance abuse, mental illness, unemployment, and housing
instability. This money will be used to pay for treatment with the expectation that defendants
in the program will also be engaged in other services.
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07.FEC2E
THERAPEUTIC COURTS INTERAGENCY AGREEMENT IAA24203
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
FEDERAL WAY MUNICIPAL COURT
THIS AGREEMENT (Agreement) is entered into by and between the Administrative
Office of the Courts (AOC) and Federal Way Municipal Court (Court), (collectively
as the Parties).
The Parties hereby enter into this Agreement whereby Court will perform certain services
for, and provide product deliveries to AOC. The Court is subject to the terms and
conditions specified in Attachment A and agrees to the following terms and conditions.
PURPOSE
The purpose of this Agreement is to provide reimbursements to assist Courts with
costs related to Therapeutic Court and must use funding to identify individuals before
their court with substance use disorders or other behavioral health needs and engage
those individuals with community -based therapeutic interventions within the Court's
jurisdiction in accordance with the Court's application, and Statement of Work
(Attachment A).
11. REIMBURSEMENT
A. The awarded amount is$174,743.00 . Court will use funds as described
in the Exhibit A.
B. General. AOC shall provide reimbursement to the Court for approved and
completed reimbursements by warrant or account transfer within 30 days of
receipt of a properly completed A-19 invoice and the completed data report
as required below.
III. PERIOD OF PERFORMANCE
Performance under this Agreement begins July 1, 2023 regardless of the date of
execution, and ends on June 30, 2024.
IAA24203 Page 1 of 7
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
IV. COMPENSATION AND PAYMENT
A. AOC will reimburse the Court up to a maximum/NTE/ of$174,743.00 for payments
made by the Court during the period from July 1, 2023 to June 30, 2024 related to
the Therapeutic Court Program
B. The Court shall submit invoices to AOC for expenditures no more frequently than
monthly, and no less frequently than quarterly. Invoices shall be submitted on state
form A-19.
C. Before payment can be processed, properly -completed A-19 invoices must be
submitted to Pavablescourts.wa.gov with a CC to
CLJThera euticCo u rtsApp Iication s courts.wa. gov
D. 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.
E. The Court shall maintain sufficient backup documentation of expenses under this
agreement.
F. Payments made by AOC within 30 days of receipt of a properly -completed A-19
invoice shall be deemed timely.
G. This amount includes expenses necessary or incidental to performing the items
under the Statement of Work, including, but not limited to, travel, lodging and per
diem related expenses. Court will submit an invoice after the completion and
acceptance of each deliverable listed in the Exhibit A.
The awarded amount is $174,743.00 . The Court will use the funds for the following cost
categories:
Cost Category
Amount
Personnel salaries & benefits
$135,000.00
Staff equipment
$9,503.00
Training
$0.00
Treatment services
$30,240.00
Recovery Supports
$0.00
Total Amount
$174,743.00
The amounts between cost categories may vary the amount in any particular category by
up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's
Point of Contact, and in no case may the total amount exceed the total amount listed
above.
IAA24203 Page 2 of 7
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
Funds cannot be used for:
• replacing or supplementing the salary of current employees of the Court
(employees must be taking on additional work or be a new employee to be eligible
for funding),
• program incentives that constitute a gift or reward
• items and activities outside of the cost categories listed in the Court's contract.
V. BILLING PROCEDURES
Court will submit properly prepared Form A-19s via email to AOC Financial Services
at payables@courts.wa.go and include a CC to
CLJThera euticCourtsAo lications courts.wa. ov. Invoices shall be submitted no
less frequently than quarterly during the term of the contract. Incorrect or incomplete
invoices shall be returned by AOC to Court for correction and reissuance, and may
result in delays in funding. All Invoices shall provide and itemize, at a minimum, the
following:
A. Contract Number;
B. Court name, address, phone number;
C. Court Federal Tax Identification Number;
D. Description of Services to be provided;
E. Date(s) Services will be provided;
F. Total Invoice Price.
Payment will be considered timely if made by the AOC within thirty (30) calendar days
of receipt of a properly prepared invoice. Payment shall be sent to the address
designated by the Court.
The AOC may, in its sole discretion, terminate the contract or withhold payments
claimed by the Court for services rendered if the Court fails to satisfactorily comply
with any term or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under
this contract shall be made by the AOC.
VI. 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
IAA24203 Page 3 of 7
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
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 A19 to payables@courts.wa.gov between July 12, 2024
and August 1, 2024.
VII. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being 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 being 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.
VIII. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the parties. Such amendments
are not binding unless they are in writing and signed by personnel authorized to
bind each of the parties.
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. 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.
IAA24203 Page 4 of 7
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
XI. RIGHT 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.
XII. 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.
XIII. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to
the other party. If this Agreement is so terminated, the parties shall be liable only
for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
XIV. 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 must 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 will be resolved by
giving precedence in the following order:
A. Applicable state and federal statutes and rules;
B. This Agreement; and
C. Any other provisions of the agreement, including materials
incorporated by reference.
XV. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, 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.
IAA24203 Page 5 of 7
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
XVI. 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 a writing signed by an
authorized representative of the party and attached to the original Agreement.
XVII. SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated by
reference is held invalid, such invalidity does not affect the other provisions of this
Agreement which can be given effect without the invalid provision and to this end the
provisions of this Agreement are declared to be severable.
XVIII. AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people
for all communications and billings regarding the performance of this Agreement:
Tessa Clements
PO Box 41170
—Fco—urt Point of Qgntart
Tiziana Giazzi
33325 8th Avenue South, Suite 102
Olympia, WA 98504-1170 Federal Way, WA 98003
tessa.clements a&courts,wa.gov
tiziana.giazzi@cityoffederalway.com
XIX. 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 this Agreement.
IAA24203 Page 6 of 7
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
AGREED:
Administrative Office of the Courts Court
—DocuSigned by-
�va wvu fir. rwiti 7/28/2023 1 9:25 FAN�;jj;a&, 7/28/2023
G-xG68,�A9a ...---�:FFGF4�ARB:iI--
Signature Date Signature Date
Dawn Marie Rubio
Name
State Court Administrator
Title
David Larson
Name
Presiding Judge
Title
IAA24203 Page 7 of 7
9:23 AM PDT
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
ATTACHMENT A: STATEMENT OF WORK
The Court must use funding to identify individuals before their court with substance use
disorders or other behavioral health needs and engage those individuals with
community -based therapeutic interventions within the Court's jurisdiction in accordance
with the Court's grant application.
I. Use of Funds:
• Personnel salaries & benefits for staff (coordinator, case manager, peer support,
prosecution, defense, judicial) while working on therapeutic court duties or
procedures.
• Staff equipment — includes computers, staff phones (desk and cell) printers, fax
machines, IT maintenance and program subscriptions that support the program
• Therapeutic Court team training- Includes National Association of Drug Court
Professionals All RISE conferences, Washington state Association of Drug Court
Professionals state conferences, training staff on the use of risk-needs-
responsivity assessments and evidence -based treatment modalities,
• Treatment services not covered by participants' insurance or co-insurance costs
(deductibles, spend downs, etc.) that are deemed unaffordable to the participant
(therapeutic services specifically designed to address SUD and MH) & compliance
monitoring, and
• Other participant services that are not accessible through other local, state or
federally available programs within a reasonable standard (other supportive
services meant to ensure participant success- i.e. transportation services,
including bus passes or car services providing transportation to court related
activities and direct provision of meals, water and snacks, phones for checkout to
participants and the purchase of minutes for those phones).
II. REPORTING
The Court shall submit quarterly reports to AOC documenting the progress their
therapeutic court program and engage in technical assistance calls with the Behavioral
Health team on quarterly. These reports shall provide:
• the number of program participants (therapeutic court referrals, entries, opt in
agreements, active participants, terminations and graduations) for the
corresponding quarter,
• the services provided to program participants for the corresponding quarter,
• the cost of services provided to program participants for the corresponding
quarter, with back up documentation
• other costs accrued by the Court to support the therapeutic court program during
the corresponding quarter, with back up documentation
IAA24203 A-1
DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E
Challenges faced by the Court in operating their therapeutic court program during
the corresponding quarter. Reports shall be submitted to
ittr)s://inside.courts.wa.gov/apps/therapeutic�rants
• on the following schedule:
Reporting schedule:
Period
Ouarter
1 Report Due
07/01/23-09/30/23
11
10/13/23
10/01 /23-12/31 /23
01 /15/24
01 /01 /24-03/31 /24
3
04/15/24
04/01 /24-06/31 /24
7/15/24 (final report for the year)
Failure to submit a report by the due date will adversely affect the Court's eligibility for
future funding.
Other deliverables are required if applicable to a specific Therapeutic Court. When
there is any question about deliverables, Court should communicate with the AOC
Program Manager (refer to section XIX of the agreement) or
httrr'!l Inside.ro_urts.wa.gov/�Ps/thcranei.iticarants to determine which deliverables are
applicable to you Court. When using these funds, other deliverables may include the
following:
• Attend regular meetings with the Administrative Office of the Court Behavioral
Health Program
• Attend trainings identified and/or provided by the Behavioral Health Program
• Build/plan/attend stakeholder meetings to include all therapeutic court roles and
other community stakeholders
• Build/maintain therapeutic court advisory committee
• Create/implement/maintain MOUs with stakeholders and/or partner agencies
• Follow internal protocol to create/advertise/hire/onboard for therapeutic court
program roles
• Develop/review/regularly update therapeutic court operations/policies and
procedures
• Track and maintain data
• Completing the Washington Therapeutic Court Evaluation and Review (WATER)
on an annual basis, according to the period of performance of this award (Refer to
section III of the agreement).
• Begin/continue evaluation of data to identify areas of success and need
• Plan and present at local stakeholders/community meetings to educate and
increase awareness of the therapeutic court
• Use data and evaluation to begin/continue plans for sustaining the therapeutic
court
IAA24203 A 2
