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AG 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