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HomeMy WebLinkAboutWashington State Administrative Office of the CourtsDocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D Inc COnW&cA -4 22-DtsO INTERAGENCY AGREEMENT 1AA23893 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND Mason County Superior Court REGARDING THE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND OTHER PROTECTIVE ARRANGEMENTS ACT THIS AGREEMENT is entered into by and between the Administrative Office of the Courts (AOC) and Mason County Superior Court IT IS THE PURPOSE OF THIS AGREEMENT for the AOC to provide reimbursements to the (Court) related to attorney appointments and court visitor appointments under the Uniform Guardianship, Conservatorship and Other Protectives Arrangement Act (UGA) as defined by RCW11,130. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITION a) "UGA appointment services" means attorney appointments and court visitor appointments pursuant to RCW 111130. 2. DESCRIPTION OF SERVICES TO BE PROVIDED a) The Court will ensure that the funding under this contract is used only for reimbursement of costs paid to attorneys appointed for a minor, parent or an adult, or court visitor appointments for a minor or an adult. Other costs are not eligible for reimbursement, including but not limited to: judicial officer time, administrative costs (overhead or indirect), court staff time, etc. No prepayment will be made under this Agreement. b) The Court agrees to provide a completed checklist in a format provided by AOC with each reimbursement request. The Court agrees to provide supporting documentation as required by AOC c) In addition, the Court agrees to report any expected surplus for revenue sharing to AOC by May 1, 2023, and to provide any request for revenue sharing by May 1, 2023 for prioritization by the SCJA. d) The Court may elect to pay for UGA appointment services that are not in accordance with the provisions of this agreement; however, such payments will not be reimbursed. IAA23893 Page 1 of 5 DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D 3. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2022, regardless of the date of execution, and ends on June 30, 2023, 4. COMPENSATION a) The Court may be reimbursed a maximum of $29,558 for UGA appointment services costs incurred during the period of July 1, 2022 to June 30, 2023. No reimbursement will be made under this Agreement for UGA appointment services incurred after June 30, 2023, and any reimbursement beyond this amount will be denied, b) If this agreement is terminated, the Court will only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. c) The Court will submit its A-19 invoices monthly or bimonthly to: payables courts.wa,gov. Forms A-19 submitted under this agreement must include: 1) Billing reports from attorneys and court visitors whose costs are being reimbursed, including service dates with hours billed and services provided; and 2) Payment documents from the Court indicating case number; amount and date of payment, and payee. d) Data required in 3c above must be submitted electronically to the AOC in conjunction with the invoice. e) Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly completed invoice and the completed checklist with supporting documentation, The Court must maintain sufficient backup documentation of expenses under this Agreement. The AOC, upon consultation with the SCJA and after May 1, 2022, may initiate revenue sharing and reallocate funding among courts as prioritized by the SCJA. If such adjustments are made, Court will be notified by letter and e-mail from AOC, and such a letter will be attached to this agreement as Addendum A. g) 5. TREATMENT OF ASSETS AND PROPERTY The AOC is the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 6. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement are "works for hire" as defined by the U.S. Copyright Act of 1976 and are owned by the AOC, Data includes, but is not limited to: reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights, In the event that any of the deliverables under this Agreement include material not included within the definition of "works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, IAA23893 Page 2 of 5 DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D must be transferred to the AOC with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license is limited to the extent which the Court has a right to grant such a license, The Court must advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC must receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC reserves the right to modify or remove any restrictive markings placed upon the data by the Court. 7. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement continue to be employees or agents of that party and are not considered for any purpose to be employees or agents of the other party. 8. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual 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. 9. RECORDS, DOCUMENTS, AND REPORTS The Court must 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 are subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials 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 under this provision. 10. RIGHT OF INSPECTION The Court will 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 of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 11. DISPUTES Disputes arising under this Agreement will 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 will thereafter decide the dispute with the majority prevailing. Neither party has recourse to the courts unless there is a showing of noncompliance or waiver of this section. 12. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other IAA23893 Page 3 of 5 DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D DocuSign Envelope ID: D5A20067-F738-4D8F-8060-116A42A4 F83D party. If this Agreement is so terminated, the parties are liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination, 13. 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. 14. 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 may not be unreasonably withheld, 15. 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. 16. 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. IAA23893 Page 4 of 5 DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D 17. 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: __ _ -• • 4 rog.rat f:l • ana er •• • . • ourt:Program:.Manager. Kay King Project Manager PO Box 41170 1112Quince St SE Olympia, WA 98504-1170 Kay King@courts.wa.gov JQQ>705-5302 James Madsen Court Administrator 419N4thSt, F12, PO Box Shelton, WA 98584-0078 Jamesma@masoncountywa.gov (360) 427-9670 Ext, 206 18. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties and supersedes all prior agreements, contracts, or representations between the parties with respect to the reimbursement of Uniform Guardianship Act expenses, including but not limited to the Original Agreement, 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. AGREED: Administrative Office of the Courts DocuSigned by: ,,• AAF4FF6410. Signature Christopher Stanley Name Director, MSD 8/22/2022 Date Signature Title evtaffle ed" m deem P. Name 1AA23893 Contractor fir../442.•20? Date Page 5 of 5 • DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D DocuSign Envelope ID: D5A20067-F7B8-4D8F-8060-116A42A4F83D UCLA Reimbursement Submission Checklist FY 2023 Reimbursements can only be approved for services performed during this contract period of July 1, 2022 - June 30, 2023 In order to process the reimbursement request, the following information is required: A-19s — must include: i u Contract # (anywhere on the A-19)IAA23893 Dates of Services Month/year (from the invoice) when services were provided, Please verify the dates of service are within this contract period. Case Number Type of Case and Service* - see case type and service information below Name of Service Provider billing attorney or court visitor's name Quantity •- Number of hours (or flat fee) Unit Price •• Amount paid per hour (or flat fee) Reimbursement Request Total Amount ^ The total should correspond to the invoice total. If payment was Tess than the invoice total, provide the explanation on the invoice, Signature - A-19 must be signed by the PJ or court administrator. Tips: Please see sample A--19, Multiple invoices can be included on one A-19. You can use multiple pages of an A-19. One A-19 per PDF reimbursement request. Required Documentation M Attachments to the A-19: Billing invoices - must include the service dates Proof of payment from court with required information: ri Amount paid LJ Payment date ■ Payee name Please note: Mileage reimbursement is not covered under this appropriation. Interpreter services that are required in the courtroom are covered. *Types of case and Service must be indicated with each case number on the A-19: Minor Guardianship: Attorney for Minor, or Court Visitor, or Attorney for Parent Adult Guardianship: ■ n Attorney, or Court Visitor IAA23893