AG 21-185 - AOC- DAWN M. RUBIO, STATE COURT ADMINISTRATORRETURN TO: Tiziana Giazzi EXT: 3016
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. 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 (E.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)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
A OTHER GRANT ACCEPTANCE AGREEMENT - AGENDA BILL AND MEMO
5. PROJECT NAME: AOC AWARD LETTER FOR SB5476 GRANT
6. NAME OF CONTRACTOR: AOC - DAWN M. RUBIO, STATE COURT ADMINISTRATOR
ADDRESS: PO BOX41170, OLYMPIA, WA 98504-1170 TELEPHONE 360-753-3365
E-MAIL: FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8.
TERM: COMMENCEMENT DATE: 12/2021 COMPLETION DATE: 07/2023
9.
TOTAL COMPENSATION $ 271,776.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES It NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED i0YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED.
0 PROJECT MANAGER DAL/ DAL/
❑ DIRECTOR TRG/
❑ RISKMANAGEMENT (IFAPPLICABLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12.
CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG
COMMENTS:
2/2017
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GRANT AGREEMENT - GRT22435
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
FEDERAL WAY MUNICIPAL COURT
THIS AGREEMENT (Agreement) is made by and between, Washington State
Administrative Office of the Courts (AOC) and Federal Way Municipal Court, (Grantee),
(collectively as the Parties and individually each as a Party).
The Parties hereby enter into this Agreement whereby Grantee will perform certain services
for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions
specified in Attachment A and agrees to the following terms and conditions.
1. SCOPE OF WORK
Grantee 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 Contractor's jurisdiction in accordance with the
Contractor's grant application, Award Letter (Attachment B), and Statement of Work
(Attachment A).
2. TERM AND PERIOD OF PERFORMANCE
This Agreement's period of performance runs from December 1, 2021 through June 30,
2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement
and all its terms and conditions shall remain in full force and effect until all deliverables are
completed or otherwise terminated, and this Agreement is terminated and/or completed.
3. COMPENSATION AND PAYMENT
The awarded amount is $271,776. Grantee will use the funds for the following cost
categories:
Cost Category
Amount
Personnel salaries & benefits
$ 271,776.OU
Staff equipment & training
$
Treatment services
$
Other participant services
$
Total
$ 271,776,00
Grantee may vary the amount in any particular category by up to 10%, but any adjustments
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beyond 10% require the explicit written consent of AOC's Project Manager, and in no case
may the total amount exceed the amount above.
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. Contractor will submit an invoice after the completion and acceptance of each
deliverable noted above.
This amount will be disbursed in two allotments, one in December 2021 and the second in
July 2022 upon receipt of a properly filled out Form A-19.
4. REPORTING
The Contractor must submit quarterly reports to AOC documenting the progress their
therapeutic court program. These reports will provide:
• The number of program participants 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,
• Other costs accrued by the Contractor to support the therapeutic court program
during the corresponding quarter, and
• Any challenges faced by the Contractor in operating their therapeutic court program
during the corresponding quarter.
Reports shall be emailed to Stephanie Oyler at
following schedule:
Period
12/01 /21 - 04/16/22
04/17/22 - 09/16/22
09/17/22-02/14/23
02/15/23-06/30/23
Report Due
04/31 /22
09/30/22
02/28/23
07/15/23 (final report)
on the
Failure to submit a report by the due date may adversely affect the Contractor's eligibility for
future funding.
5. BILLING PROCEDURES
Contractor will submit properly prepared Form A-19s via email to AOC Financial Services
;,,;..;a -)v. Invoices shall be submitted no more than twice
during the pendency of the contract. Incorrect or incomplete invoices shall be returned by
AOC to Contractor 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 GRT22435;
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B. Contractor name, address, phone number;
C. Contractor 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 Contractor.
The AOC may, in its sole discretion, terminate the contract or withhold payments claimed
by the Contractor for services rendered if the Contractor 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.
6. SAFEGUARDING OF INFORMATION
The use or disclosure by the Contractor of any information obtained as a result of
performance under this contract concerning the AOC or the Court for any purpose not
directly connected with the administration of the AOC's, the Court's or the Contractor's
responsibilities with respect to services provided under this contract is prohibited except by
written consent of the AOC or the Court.
7. CONFLICT OF INTEREST
Grantee warrants that at the date of execution of this Agreement, no organizational conflict
of interest exists or is likely to arise in the performance of its obligations under the
Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest
arises in the future.
8. PROJECT MANAGEMENT
The Project Manager for each of the parties shall be the contact person for all
communications regarding the performance of this Contract.
AOC Project Manager
[LCo�ntract�®rPro�jectanager
Stephanie Oyler
Tiziana Giazzi
PO Box 41170
Court Administrator
Olympia, WA 98504-1170
33325 8th Ave S, Ste 102
stephanie.oyler@courts.wa.gov
Federal Way, WA 98003
360-890-0901
tiziana.giazzi@cityoffederalway.com
253-835-3016
9. ASSIGNMENT
Grantee agrees that none of the deliverables to be furnished under this Agreement shall be
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assigned or subcontracted (including to independent consultants) without the prior written
permission of AOC.
10. TERMINATION
A. Termination for Default
The AOC may, by written notice, terminate this contract, in whole or in part, for
failure of the Contractor to perform any of the obligations or provisions required by
the contract. In the event of default, the Contractor shall be liable for damages as
authorized by law, including but not limited to, any cost difference between the
original contract and the replacement or cover contract and all administrative costs
directly related to the replacement contract, e.g., cost of the competitive bidding,
mailing, advertising and staff time; Provided, that if (i) it is determined for any reason
the Contractor was not in default, or (ii) the Contractor's failure to perform is without
Contractor's and/or Subcontractor's control, fault, or negligence, the termination
shall be deemed to be a Termination for Convenience.
B. Termination for Convenience
Except as otherwise provided in this contract, the AOC may terminate this contract
by providing written notice of such termination to the Contractor, specifying the
effective date thereof, at least five (5) calendar days prior to such date. If this
contract is so terminated, the ACC shall be liable only for payment for services
rendered prior to the effective date of termination.
11. DISPUTES
The Parties agree to attempt to resolve any dispute arising under this Agreement first by
elevating the matter to appropriate levels of management within each organization.
Grantee agrees that pending any decision, appeal or judgment on the settlement of any
dispute arising under this Agreement, Grantee shall proceed diligently with the
performance of this Agreement.
12. INDEMNIFICATION
The Contractor shall defend, protect, and hold harmless the state of Washington, the AOC,
or any employees thereof, from and against all claims, suits or actions arising from the
Contractor's acts which are libelous or slanderous, which result in injury to persons or
property, which violate a right of confidentiality, or which constitute an infringement of any
copyright, patent, trademark or trade name through use or reproduction of material of any
kind.
13. FORCE MAJEURE
Neither Contractor nor AOC shall be liable or responsible for delays or failures in
performance resulting from events beyond the reasonable control of such party and
without fault or negligence of such party. Such events shall include but not be limited to
strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power
failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or
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other disasters, whether or not similar to the foregoing, and acts or omissions or failure to
cooperate of the other party or third parties (except Subcontractors).
14. REPRESENTATION AND CERTIFICATIONS
Grantee shall complete all required Representations and Certifications as they apply to
this Agreement, if any, Grantee further agrees that it will provide additional or annual
Representations and Certifications as may be requested by AOC in connection with this
Agreement, and also agrees to promptly notify AOC of any changes which modify the
information contained in any such Representations and Certifications.
15. COMPLIANCE WITH LAWS
Grantee shall comply with all applicable Federal, State, and local laws, executive orders,
rules and regulations applicable to its performance under this Agreement.
16. INDEPENDENT CONTRACTORS
Grantee is an independent contractor in relation to AOC with respect to all matters arising
under this Agreement. Nothing herein shall be construed to establish a partnership, joint
venture, association or employment relationship between the parties. Neither Party shall
be deemed to be an agent of the other or to have any authority to bind or create any
obligation, express or implied, on behalf of the other.
17. WHOLE AGREEMENT
This Agreement and the SOW attached hereto contain and embody the entire agreement
of the Parties hereto and supersede all prior agreements, negotiations and discussions
between the Parties hereto. Any representation, inducement or agreement that is not
contained in this Agreement shall not be of any force or effect. Except as otherwise
expressly provided in this Agreement, this Agreement may not be modified or changed in
whole or in part in any manner other than by an instrument in writing duly signed by both
Parties hereto.
18. NO PUBLICITY
No news releases, public announcement, Customer(s) names, denial or confirmation of
any part of the subject matter of this Agreement or any phase of any program hereunder
shall be made without the prior written consent of AOC. The restrictions of this section
shall continue in effect upon completion or termination of this Agreement for such period of
time as may be mutually agreed upon in writing by the Parties. In the absence of a written
established period, no disclosure is authorized.
19. GOVERNING LAW/VENUE
This Agreement will be governed by and construed and enforced in accordance with the
laws of Washington without giving effect to the principles of conflict of laws thereunder.
20. EXECUTION IN COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall
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constitute one and the same Agreement.
21. WAIVER
No Party shall be deemed to have waived any right hereunder unless such waiver is in
writing, and the waiver or failure of either Party to exercise in any respect any right
provided for herein shall not be a waiver of any further right hereunder.
22. SEVERABILITY
If any portion of this Agreement is held or determined to be invalid or unenforceable, the
remaining provisions shall continue in full force and effect as if this Agreement had been
executed within the invalid portion eliminated.
23. HEADINGS
Any headings used in this Agreement are for purposes of organization only and have no
independent legal significance.
In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the
day and year below written.
Administrative Office of the Courts
oacusignea by!
_ DIF?A3Q&.dEa24al_ _
Signature
Dawn Marie Rubio
Name
_State Court Administrator
Title
Grantee
11-30-2021 - _ _ _� 2
Date Signature J ate
Name
Title
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