Loading...
HomeMy WebLinkAbout2025-0192 - - NCSC Municipal Court Study Phase III - National Center for State Courts Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 CITY OF AUBURN AGREEMENT FOR SERVICES National Center for State Courts — Study of Municipal Court Services — Phase Ill THIS AGREEMENT made and entered into on this 28 day of Apr;1 2025, by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and National Center for State Courts ("Provider"), whose address is 300 Newport Avenue, Williamsburg, Virginia 23185-4147. In consideration of the conditions and the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Scope of Services The Provider agrees to perform the tasks described in Exhibit A to this Agreement. The Provider will be responsible for providing work products and services of a quality and professional standard acceptable to the City. Without additional compensation, the Provider will correct or revise any negligent errors, omissions or other deficiencies in any required plans, designs, drawings, specifications, reports and/or other services, whether during or after the Term of this Agreement. The City's approval of Provider's services will not in any way relieve the Provider of responsibility for service accuracy and adequacy. 2. Additional Services The Parties will amend this Agreement if additional services are required beyond those specified in Exhibit A and/or included in the compensation amount for this Agreement. An amendment must be written and agreed to by the Parties before Provider performs any additional services, and it must specify the nature, scope, and payment terms for the additional services. If the time period for completing additional services makes the advance signing of an amendment impractical, the Provider agrees to perform only the additional services requested in writing by an authorized City representative pending the signing of an Amendment as set forth in this Section. The invoice procedure for any additional services is described in Section 4 of this Agreement. 3. Provider's Representations & Qualifications The Provider represents and warrants that it has all the required licenses, certifications and qualifications to perform the services in this Agreement. Provider represents that its signatory to this Agreement has the requisite legal authority to bind Provider to the terms and conditions of this Agreement. 4. Compensation a. As compensation for the Provider's performance of this Agreement, the City will pay the Provider the fees and costs specified in Exhibit A. The City's payments will fully compensate Provider for work performed/services rendered and for all labor, NCSC Muni Court Study pt 3 April 2025 Page 1 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 materials, supplies, equipment, overhead, profit, and incidentals necessary for Provider to complete the work. b. The Provider will submit monthly invoices or statements to the City detailing the time spent on Exhibit A tasks. Upon its acceptance of the invoice or statement, the City will process it in its next billing/claim cycle and will remit payment to the Provider (subject to any conditions or provisions in this Agreement or an Amendment). This Agreement's number must appear on all submitted invoices. Provider will submit copies of any documents supporting an invoice or statement to the City upon request. c. The not-to-exceed amount for this agreement is $20,000. The Provider will not undertake any work or otherwise financially obligate the City in excess of this not- to-exceed amount without the City's advance written authorization. d. City payments to the Provider after the current year are contingent on available funds. 5. Time for Performance, Term, and Termination of Agreement a. The Provider will begin no work under this Agreement until authorized by the City in writing. The term of this Agreement commences on the date that the last party signs it (as reflected on the signature page). Once commenced, Provider shall complete the performance of all services in Exhibit A on or before May 31, 2025, unless the Parties otherwise agree in writing. b. Termination for cause. Either party may terminate this Agreement for cause with written notice to the other party. A termination is "for cause" if a party substantially fails to perform in accordance with the terms of this Agreement through no fault of the other party. The notice will specify the termination reason(s) and its effective date. If the City terminates this Agreement for cause, all City payments otherwise due to Provider will be suspended and the City will have no further obligations to Provider. c. Termination for Convenience. The City may terminate this Agreement for convenience upon at least 7 days' written notice to the Provider. The notice shall contain the termination effective date. If the termination is through no fault of the Provider, the City will compensate Provider for services performed up to the termination effective date in accordance with the Exhibit A compensation rate. This compensation will fully satisfy the City's obligations under this Agreement and will discharge the City from any further obligations and liabilities to the Provider (including any Provider claims of anticipated profits or other consequential damages resulting from the termination). d. Upon receipt of any termination notice, the Provider will promptly discontinue all services and deliver to the City all data, drawings, specifications, reports, summaries, and such other information and materials the Provider has accumulated, prepared, or obtained in performing this Agreement (whether fully or partially completed). NCSC Muni Court Study pt 3 April 2025 Page 2 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 e. The rights and remedies in this Section do not exclude any other legal or equitable rights or remedies available to the City. 6. Ownership and Use of Documents The City will own all documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials that the Provider creates or prepares in performing this Agreement(the"Work Products"). The City may use these work products for any lawful purpose. Provider acknowledges that this Agreement and the work products are public records subject to RCW 42.56 unless exempt from public records disclosure requirements. The Provider agrees to fully assist the City in identifying, locating, and copying any records Provider possesses that the City determines in its sole discretion are responsive to a Public Records request. 7. Records Inspection and Audit All City payments are subject to adjustment for any amounts found upon audit or otherwise to have been improperly invoiced. The City may inspect and audit any Provider records and books of account pertaining to any work performed under this Agreement for up to 3 years after the City's final payment to Provider. If any litigation, claim, dispute, or audit is initiated before this 3 year period expires, Provider shall retain all records and books of account for any work performed under this Agreement until final resolution of any such litigation, claim, dispute, or audit. 8. Continuation of Performance If any dispute or conflict arises between the parties while this Agreement is in effect, the Provider agrees to cooperate and continue in good faith toward successful completion of its responsibilities under this Agreement notwithstanding such dispute or conflict. 9. Independent Contractor The Provider will perform the services as an independent contractor and will not be deemed by virtue of this Agreement or the performance of it to be in a partnership, joint venture, employment, or other relationship with the City. Nothing in this Agreement creates any contract relationship between the City and the Provider's employees, agents, or subcontractors. 10. Administration of Agreement This Agreement will be administered by the Vice President of Court Consulting Services, on behalf of the Provider, and by the City Mayor (or designee) on behalf of the City. 11. Notices Notices or communications permitted or required under this Agreement will be written and delivered to the following addresses: Notice to the City: Notice to Provider: Candis Martinson Laurie Givens Director of HR & Risk Mgmt Vice President Court Consulting Svcs City of Auburn National Center for State Courts 25 West Main St 300 Newport Avenue Auburn WA 98001-4998 Williamsburg, VA 23185-4147 NCSC Muni Court Study pt 3 April 2025 Page 3 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 Phone: 253.288.3141 Phone: 757.259.1559 Fax: 253.288.4305 Email: (givens@ncsc.org Email: cmartinson@auburnwa.gov Either party may change its above address by giving written notice to the other party. Notices to non-parties will be delivered as designated by a party to this Agreement. 12. Insurance The Provider will, at its sole expense, procure and maintain for the duration of this Agreement and 30 days thereafter insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the Provider, its agents, representatives, or employees. Provider's maintenance of insurance as required by the Agreement will not be construed to limit the liability of the Provider to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. The Provider will obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage will be at least as broad as Insurance Services Office (ISO) form CA 00 01 (Provider may use a substitute form providing equivalent liability coverage). Provider will maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. b. Commercial General Liability insurance will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop-gap independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City will be named as an additional insured under the Provider's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26. Commercial General Liability Insurance will be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability Insurance appropriate to Provider's profession with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. For Automobile Liability and Commercial General Liability insurance, the policies are to contain or be endorsed to contain that Provider's insurance coverage will be primary insurance with respect to the City. Any insurance, self-insurance, or self-insurance pool coverage maintained by the City will be excess of the Provider's insurance and will not contribute with it. NCSC Muni Court Study pt 3 April 2025 Page 4 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. The Provider will furnish the City with original certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Agreement before commencement of the work. The City reserves the right to require that complete, certified copies of all required insurance policies and/or evidence of all subcontractors' coverage be submitted to the City at any time. The City may withhold payment if the Provider does not fully comply with this request. If the Provider maintains higher insurance limits than the minimums shown below, the City will be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Provider, irrespective of whether such limits maintained by the Provider are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Provider. The Provider will provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. Failure by the Provider to maintain the insurance as required will constitute a material breach of this agreement, upon which the City may, after giving five (5) business days' notice to the Provider to correct the breach, immediately terminate the agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the City's sole discretion, offset against funds due the Provider from the City. 13. Indemnification/Hold Harmless Except for injuries and damages caused by the sole negligence of the City, the Provider will defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits of every kind, including attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or omissions of the Provider, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its subcontractors, made in the performance of this Agreement, or arising out of worker's compensation, unemployment compensation, or unemployment disability compensation claims. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that this indemnification constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. NCSC Muni Court Study pt 3 April 2025 Page 5 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 14. Assignment Neither party to this Agreement may partially or wholly assign any right or obligation in it without the other party's prior written consent. No assignment or transfer of any interest under this Agreement will release the assignor from any liability or obligation under this Agreement or cause any such liability or obligation to be reduced to a secondary liability or obligation. 15. Nondiscrimination The Provider may not engage in any unfair practice identified in RCW 49.60.180 and/or 42 U.S.C. §2000e-2 in the performance of any services or activities under this Agreement (either directly or through contractual, hiring, or other arrangements). 16. Amendment. Modification and Waiver No amendment, modification, or waiver of any condition, provision, or term of this Agreement will be valid or effective unless written and signed by the party to be bound (or the party's authorized representative), specifying the nature and extent of such amendment, modification or waiver. Any waiver, approval or acceptance, or payment by any party will not affect or impair that party's rights arising from any default by the other party. 17. Parties in Interest This Agreement will bind (and its benefits and obligations will inure to) the parties and their respective successors and assigns. This section will not permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties, and it does not create a contractual relationship with or exist for the benefit of any third party (including contractors, sub-contractors and sureties). 18. Force Maieure Delays in performing this Agreement will be excused to the extent caused by acts outside a party's control, such as fires, cyber/ransomware attacks, earthquakes, floods, explosions, actions of the elements, riots, mob violence, strikes, pandemics, labor strikes or lockouts, and state or federal government emergency orders. 19. Applicable Law This Agreement and the rights of the parties under it will be governed by the laws, regulations, and ordinances of the City, King County, and the State of Washington. Venue for actions involving this agreement will be in the county where the property or project is located, or in King County if not site specific. An applicable statute of limitation will commence no later than the Provider's substantial completion of the services in this Agreement. 20. Captions. Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and will not act to limit the scope of their particular paragraph or section. Where appropriate, the singular will include the plural (and vice versa), and masculine, feminine and neuter expressions will be interchangeable. This Agreement has been drafted by mutual agreement of the parties, and it will be interpreted and/or constructed without regard to its drafter. NCSC Muni Court Study pt 3 April 2025 Page 6 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 21. Severable Provisions Each provision of this Agreement is intended to be severable. The illegality or invalidity of any provision in this Agreement will not affect the validity of the Agreement's remaining provisions. 22. Entire Agreement This Agreement (together with any subsequent amendments or addendums) contains the entire understanding of the parties regarding its subject matter, and it supersedes all prior oral or written representations, agreements and understandings between the parties. No other oral or written understandings regarding this Agreement shall bind any party. 23. Non-Availability of Funds Every City obligation under this Agreement is contingent on the availability of appropriated or allocated City funds. If funds required for the City's performance are not allocated and available, the City may terminate this Agreement at the end of the available funding period and without the required Section 5 seven days' notice. The City will not be liable if it exercises this provision, and will not be obligated or liable for any future payments or damages as a result of termination under this Section. 24. Counterparts This Agreement may be executed in multiple counterparts, with each counterpart being one and the same Agreement, and the Agreement will become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN National Center for State Courts DocuSigned_by: Signed o�oco by:/' r rni�,,uiruIII 11 on eir-iI II,. Nancy Backus, Mayor Signature Laurie Givens Name: Title: vice President, ccs Date: 4/18/2025 Approved as to form: Signed by: Pad, br.t, rbr jasoln, Ma,t t& APEABCD """" Jason Whalen, City Attorney NCSC Muni Court Study pt 3 April 2025 Page 7 of 9 Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 EXHIBIT A -rr . ',--ram iDna7 Center fir State Courts Proposal 41/ City of Auburn, Washington Study of Municipal Court Services — Phase Ill AllOsommemeimm DATE PREPARED FOR PREPARED BY March 27, 2025 City of Auburn, National Center for Washington State Courts Court Consulting Services 1 NCSC Muni Court Study pt 3 April 2025 Page 8 of 9 Docusign Envelope ID:Cl F71A14-9E94-466D-933C-1218152205F2 A National Center for State Courts Court Consulting Services Laurie S. Givens, Vice President 300 Newport Avenue Williamsburg, VA 23185-4147 Phone: (303) 293-3063 Fax: (303) 308-4326 ncsc.org per for �. SC`ol `� �'� 3 ational Center for State Courts Docusign Envelope ID:C1F71A14-9E94-466D-933C-1218152205F2 TABLE OF CONTENTS Introduction 1 Background 1 r'— Project Description 2 • NCSC Qualifications6 Vr, 3 Consultant Qualifications 3 Project Timeline 5 Budget 5 • 4016044,,, iii Docusign Envelope ID:Cl F71A14-9E94-466D-933C-1218152205F2 Proposal City of Auburn, WA Study of Municipal Court Services— Phase I/I INTRODUCTION The National Center for State Courts (NCSC) is pleased to present this proposal to the City of Auburn to provide a project plan, including accompanying Gantt chart timeline and onsite technical assistance, associated with the creation of an Auburn Municipal Court administered by the City. Between 2022 -2023, the National Center for State Courts conducted a comprehensive review, and 2024-2025 conducted Phase II project. This proposal constitutes Phase III of that study. BACKGROUND In July of 2022, the National Center for State Courts (NCSC) provided the City of Auburn with a proposal to evaluate municipal court service options. The goal of the study was to evaluate the interlocal agreement with King County and the services they were providing to the citizens of Auburn and to validate whether the right level of services were being delivered. Some of the key questions considered for the study were: • The projected net cost of court operations and associated services, including charges from the SCORE jail and offsetting revenues. • Recommended service levels (access, hours, online service, case processing time, convenience, etc.). • Anticipated effects related to justice outcomes and local control. • Expected impacts on associated services (law enforcement, probation services, detention, City Prosecutor, indigent defense, SCORE jail, victim support, community restitution, etc.) • Transitional and ongoing operational issues of maintaining an Auburn Municipal Court; and • Projected effects on City residents and the community at large The National Center for State Courts (NCSC) consultants also considered recommendations for optimizing the services under the current or future interlocal agreement, and an assessment on alternative methods of delivering services for the residents of Auburn. The final report was issued to the City of Auburn in June of 2023. 1 Docusign Envelope ID:Cl F71A14-9E94-466D-933C-1218152205F2 Proposal City of Auburn, WA Study of Municipal Court Services— Phase I/I PROJECT DESCRIPTION Utilizing the report issued in June of 2023 as a starting point, the National Center for State Courts conducted as part of Phase II in 2024-2025, a high-level review of the financial implications and timelines associated with the City of Auburn providing municipal court services rather than through an interlocal agreement. In March 2025, the City of Auburn reached out to the NCSC to conduct Phase III of this project, which would include a project plan, with an accompanying Gantt Chart timeline, to implement a City of Auburn Municipal Court. Additionally, onsite presence during the City Council retreat(May 2025) was also requested by an NCSC Consultant to answer questions which are included in this proposal. To achieve the goals of Phase III, the National Center for State Courts proposes the following approach: Task 1: Project Plan/Gantt Chart Timeline Preparation — During this task, NCSC Project Consultants will prepare a comprehensive project plan, including a Gantt Chart timeline, for planning and implementation of a City of Auburn Municipal Court. Task 2: Virtual Meetings — It is anticipated that up to two (2) virtual meetings will be held with the NCSC Project Consultants and City of Auburn representatives to review the Project Plan, make revisions, and finalize prior to the City Council Retreat in early May 2025. Task 3: Project Plan/Gantt Chart Timeline Finalization — Following the virtual meetings, NCSC Project Consultants will make revisions and finalize the comprehensive project plan, including a Gantt Chart timeline, and present it electronically to the City of Auburn. Task 4: Onsite Technical Assistance—An NCSC Consultant would be present for one-day of the City Council Retreat being held May 1-2, 2025, in Washington to answer questions related to the project plan and timeline. 2 Docusign Envelope ID:Cl F71A14-9E94-466D-933C-1218152205F2 Proposal City of Auburn, WA Study of Municipal Court Services— Phase III NCSC QUALIFICATIONS The NCSC is an independent non-profit corporation with the mission to improve the administration of justice through leadership and service to state courts and to justice systems around the world. Founded by the Conference of Chief Justices in 1971, the NCSC is the pre- eminent judicial reform organization in the United States and a national and global leader in helping courts improve the administration of justice and delivery of services. The NCSC is governed by a diverse Board of Directors of 26 members elected by the state chief justices and state court administrators. Its professional and administrative staff of 160 employees is located at the organization's headquarters in Williamsburg, Virginia, and in offices in Denver, Colorado, and Arlington, Virginia. The NCSC's annual operating budget is approximately $63 million, including revenues from assessments paid by the state court systems, government and private grants and contracts, tuition and user fees for education programs, conferences, and other services, sales of publications, and private contributions. The NCSC has been providing research, education, information, technology, and direct consulting services to state and local court systems for 50 years. The NCSC brings a broad range of resources to justice system studies, including an expert staff, a history of work with diverse jurisdictions nationally and internationally, and institutional links to other national court- related organizations. NCSC's familiarity with the unique nature of courts and justice systems enhances its ability to work effectively and efficiently with judicial officers, administrators, court personnel, and representatives of court-related agencies. CONSULTANT QUALIFICATIONS John A. Bello works for the NCSC's Court Consulting Services Division as a Deputy Managing Director. His work is focused primarily on the following areas: leadership, governance, case flow and workload management and court space and technology. Mr. Bello previously served as Court Administrator of the Massachusetts Trial Court where he oversaw 6,500 court staff, 97 courthouses, and a $850 million budget for seven court departments and the Massachusetts Probation Service. As Court Administrator, he was responsible for the administrative functions that supported the Trial Court mission —Justice with Dignity and Speed. These included budget preparation and oversight, labor relations and human 3 Docusign Envelope ID:Cl F71A14-9E94-466D-933C-1218152205F2 Proposal City of Auburn, WA Study of Municipal Court Services— Phase I/I resources, information technology, facilities management, capital projects, and security. John also served as co-chair of the court's Trauma Task Force. In 2017, John was named Associate Court Administrator and guided the efforts of the department heads within the Office of Court Management and coordinated their support of the court departments. He also guided the development and implementation of the Trial Court's Strategic Plan 3.0 and 4.0, introduced enterprise project management, and led major operational initiatives in collaboration with leaders across all court departments. Mr. Bello joined the Trial Court in 2013 as the Director of Facilities Management & Capital Planning overseeing maintenance and capital improvements for 60 state-owned facilities and working with county and private landlords to manage another 40 court buildings. He oversaw the development of a 20-year Court Master Capital Plan in concert with the state's Division of Capital Asset Management & Maintenance. Abby Kuschel works as a Principal Court Management Consultant for the National Center for State Courts (NCSC). Her work is focused primarily on the areas of court governance, leadership, strategic planning, and problem-solving courts. Ms. Kuschel previously worked as a Supervisor of the Programs Unit at the State Court Administrator's Office in Minnesota. In this role she oversaw statewide program staff in the areas of Court Interpreter Programs, Psychological Services, Treatment Courts, Jury Management, and the Children's Justice Initiative. Ms. Kuschel's career with the Minnesota Judicial Branch began in 2008 working with treatment courts at the state and local level, including work with tribal nations for 10 years. She was promoted to the State Treatment Court Coordinator in 2018 and to a Supervisor of the Programs Unit in 2020. Prior to spending nearly 15 years with the Minnesota Judicial Branch, Ms. Kuschel worked in the public health field. Ms. Kuschel received her Bachelor of Science in Community Health Education and Psychology from the University of Minnesota Duluth. 4 Docusign Envelope ID:Cl F71A14-9E94-466D-933C-1218152205F2 Proposal City of Auburn, WA Study of Municipal Court Services— Phase I/I PROJECT TIMELINE Months from Project Start Task Mar Apr May X Task 1: Project Plan/Gantt Chart Timeline Preparation Task 2: Virtual Meetings X Task 3: Project Plan/Gantt Chart Timeline Finalization X Task 4: Onsite Technical Assistance X BUDGET The total cost of the project will be a firm fixed price of $19,397. A line-item budget is provided below. The NCSC uses labor categories and labor rates, and this cost includes professional and administrative time and indirect costs. An example of NCSC's indirect cost rates is travel, equipment, supplies, telephone, printing/photocopying, postage, audits, and other items. The indirect costs are based on the approved labor category rate chart used for all contracts. Tasks Cost Task 1 Project Plan/Gantt Chart Timeline Preparation $8,910 Task 2 Virtual Meetings $1,426 Task 3 Project Plan/Gantt Chart Timeline Finalization $1,069 Task 4 Onsite Technical Assistance $7,992 Total $19,397 5