Appendix D 2026-2027 FCHP Contract.pdf

DCYF General Terms and Conditions

Department of Children, Youth & Families

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1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions:

a. “Contract” or “Agreement” means the entire written agreement between DCYF and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original.

b. “Contractor” means the individual or entity performing services pursuant to this Contract and includes the Contractor’s owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, “Contractor” includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents.

c. “DCYF Contracts Administrator” means the individual in the DCYF Contracts Department with oversight authority for the Department of Children, Youth & Families statewide agency contracting procedures, or their appropriate designee.

d. “DCYF Contracts Department” means the Department of Children, Youth & Families statewide agency headquarters contracting office, or successor section or office.

e. “Department of Children, Youth & Families” or “DCYF” means the Washington agency devoted exclusively to serve and support Washington state’s youth and their families.

f. “Debarment” means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds.

g. “Program Agreement” means an agreement between the Contractor and DCYF containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DCYF.

h. “RCW” means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/.

i. “Regulation” means any federal, state, or local regulation, rule, or ordinance.

j. “Subcontract” means any separate agreement or contract between the Contractor and an individual or entity (“Subcontractor”) to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract.

k. “WAC” means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/.

2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment.

3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DCYF.

Docusign Envelope ID: C367EB93-1C7B-8497-815E-DC1389812CC8

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4. Billing Limitations

a. DCYF shall pay the Contractor only for authorized services provided in accordance with this Contract.

b. DCYF shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed.

c. The Contractor shall not bill and DCYF shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services.

5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations.

6. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DCYF if, during the term of this Contract, Contractor becomes Debarred. DCYF may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof.

7. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County.

8. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee.

9. Inspection. The Contractor shall, at no cost, provide DCYF and the Office of the State Auditor with reasonable access to Contractor’s place of business, Contractor’s records, and DCYF client records, wherever located. These inspection rights are intended to allow DCYF and the Office of the State Auditor to monitor, audit, and evaluate the Contractor’s performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract’s termination or expiration.

10. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract.

Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

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11. Nondiscrimination

a. Nondiscrimination Requirement

(1) During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3).

(2) In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

b. Obligation to Cooperate

Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

c. Default

(1) Notwithstanding any provision to the contrary, DCYF may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to

RCW 49.60.530(3).

(2) Any such suspension will remain in place until DCYF receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency.

(3) In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), DCYF may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in

RCW 39.26.200.

(4) Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

d. Remedies for Breach

(1) Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract 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, which damages are distinct from any penalties imposed under Chapter 49.60, RCW.

(2) DCYF shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe DCYF for default under this provision.

12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and

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Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict.

13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect.

14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Disputes;

Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property.

15. Termination Due to Change in Funding. If the funds DCYF relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DCYF may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice.

16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DCYF Contracts Administrator or designee has the authority to waive any term or condition of this Contract on behalf of DCYF.

Additional General Terms and Conditions – Client Service Contracts:

17. Advance Payment

DCYF shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Contract.

18. Construction

The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract.

19. Contractor Certification Regarding Ethics

The Contractor certifies that the Contractor is now, and shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract.

20. Health and Safety

Contractor shall perform any and all of its obligations under this Contract in a manner that does not compromise the health and safety of any DCYF client with whom the Contractor has contact.

21. Indemnification and Hold Harmless

a. The Contractor shall be responsible for and shall indemnify, defend, and hold DCYF harmless from any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines, of whatsoever kind of nature, arising out of or relating to a) the Contractor’s or any Subcontractor’s performance or failure to perform this Contract, or b) the acts or omissions of the Contractor or any Subcontractor.

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b. The Contractor’s duty to indemnify, defend, and hold DCYF harmless from any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines shall include DCYF’s personnel-related costs, reasonable attorney’s fees, court costs, and all related expenses.

c. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees.

d. Nothing in this term shall be construed as a modification or limitation on the Contractor’s obligation to procure insurance in accordance with this Contract or the scope of said insurance.

22. Industrial Insurance Coverage

a. The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance.

b. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, DCYF may collect from the Contractor the full amount payable to the Industrial Insurance accident fund.

c. DCYF may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by DCYF under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Contractor.

23. Notice of Overpayment

a. If the Contractor receives a vendor overpayment notice or a letter communicating the existence of an overpayment from DCYF, the Contractor may protest the overpayment determination by requesting an adjudicative proceeding.

b. The Contractor’s request for an adjudicative proceeding must:

(1) Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia, Washington 98507-9501, within twenty-eight (28) calendar days of service of the notice;

(2) Be sent by certified mail (return receipt) or other manner that proves OFR received the request;

(3) Include a statement as to why the Contractor thinks the notice is incorrect; and

(4) Include a copy of the overpayment notice.

c. Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative Hearings. The Contractor may be offered a pre-hearing or alternative dispute resolution conference in an attempt to resolve the overpayment dispute prior to the hearing.

d. Failure to provide OFR with a written request for a hearing within twenty-eight (28) days of service of a vendor overpayment notice or other overpayment letter will result in an overpayment debt against the Contractor.

e. DCYF may charge the Contractor interest and any costs associated with the collection of this overpayment.

f. DCYF may collect an overpayment debt through lien, foreclosure, seizure and sale of the

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Contractor’s real or personal property; order to withhold and deliver; or any other collection action available to DCYF to satisfy the overpayment debt.

24. Subcontracting

a. Except as otherwise provided in this Contract, the Contractor shall not subcontract any of the contracted services without the prior approval of DCYF.

b. Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Contract are included in any and all Subcontracts, unless an exception to including a particular term or terms has been approved in advance by the DCYF.

c. Any failure of Contractor or its subcontractors to perform the obligations of this Contract shall not discharge the Contractor from its obligations hereunder or diminish DCYF’s rights or remedies available under this Contract.

25. Subrecipients

a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall:

(1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity;

(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs;

(3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards;

(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients;

(5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and

(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to https://ojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations.)

b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $1,000,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall:

https://ojp.gov/about/offices/ocr.htm

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(1) Submit to the DCYF contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor;

(2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a “Summary Schedule of Prior Audit Findings” reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs.

c. Overpayments. If it is determined by DCYF, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DCYF may require the Contractor to reimburse DCYF in accordance with 2 CFR Part 200.

26. Termination for Convenience

a. DCYF may terminate this Contract in whole or in part when it is in the best interest of DCYF by giving the Contractor at least thirty (30) calendar days’ written notice.

b. The Contractor may terminate this Contract for convenience by giving DCYF at least thirty (30) calendar days’ written notice addressed to DCYF at the address listed on page 1 of this Contract.

27. Termination for Default.

a. The DCYF may immediately terminate this Contract for default, in whole or in part, by written notice to the Contractor if DCYF has a reasonable basis to believe that the Contractor has:

(1) Failed to meet or maintain any requirement for contracting with DCYF;

(2) Failed to protect the health or safety of any DCYF client pursuant to the section entitled Health and Safety of this Contract;

(3) Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or

(4) Violated any applicable law or regulation.

b. If it is later determined that the Contractor was not in default, the termination shall be considered a termination for convenience.

28. Termination or Expiration Procedure

a. The following terms and conditions apply upon Contract termination or expiration:

(1) The Contractor shall cease to perform any services required by this Contract as of the effective date of termination or expiration.

(2) If the Contract is terminated, the Contractor shall comply with all instructions contained in the termination notice.

(3) The Contractor shall immediately deliver to the DCYF contact named on page one of this Contract, or to his or her successor, all DCYF property in the Contractor’s possession. The Contractor grants DCYF the right to enter upon the Contractor’s premises for the sole purpose of recovering any DCYF property that the Contractor fails to return within ten (10) calendar days of the effective date of termination or expiration of this Contract. Upon failure to return DCYF

2056XC DCYF Client Service Contract 7-7-20 Page 9 property within ten (10) calendar days, the Contractor shall be charged with all reasonable costs of recovery, including transportation.

(4) DCYF shall be liable only for payment required under the terms of this Contract for service rendered up to the effective date of termination or expiration.

(5) DCYF may withhold a sum from the final payment to the Contractor that DCYF determines necessary to protect DCYF against loss or additional liability.

(6) The rights and remedies provided to DCYF in this Section are in addition to any other rights and remedies provided at law, in equity, and/or under this Contract, including consequential and incidental damages.

29. Treatment of Client Property

a. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client’s personal property.

b. The Contractor shall not interfere with any adult client’s ownership, possession, or use of the client’s property.

c. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client’s age, development, and needs. Upon termination of services to a client, the Contractor shall immediately release to the client and/or the client’s guardian or custodian all of the client’s personal property.

30. Treatment of Property

a. All property purchased or furnished by DCYF for use by the Contractor during this Contract term shall remain with DCYF.

b. Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by DCYF under this Contract shall pass to and vest in DCYF.

c. The Contractor shall protect, maintain, and insure all DCYF property in its possession against loss or damage and shall return DCYF property to DCYF upon Contract termination or expiration.

31. Taxes

a. Where required by statute or regulation, Contractor shall pay for and maintain in current status all taxes that are necessary for Contract performance. DCYF will pay sales or use taxes, if any, imposed on the services and materials acquired hereunder. Contractor must pay all other taxes including without limitation Washington Business and Occupation Tax, other taxes based on Contractor’s income or gross receipts, or personal property taxes levied or assessed on Contractor’s personal property. DCYF, as an agency of Washington State government, is exempt from property tax.

b. Contractor shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Contract in accordance with the requirements of Title 82 RCW and Title 458 WAC. Out-of-state Contractors must contact the Department of Revenue to determine whether they meet criteria to register and establish an account with the Department of Revenue. Refer to WAC 458-20-101 (Tax registration and tax

Docusign Envelope ID: C367EB93-1C7B-8497-815E-DC1389812CC8 http://apps.leg.wa.gov/rcw/default.aspx?Cite=82 http://apps.leg.wa.gov/wac/default.aspx?cite=458

2056XC DCYF Client Service Contract 7-7-20 Page 10 reporting) and call the Department of Revenue at 800-647-7706 for additional information. When out-of-state Contractors are not required to collect and remit sales tax, DCYF shall be responsible for paying use tax, if applicable, directly to the Department of Revenue.

c. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance, or other expenses for Contractor or Contractor’s staff shall be Contractor’s sole responsibility.

Special Terms and Conditions

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1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions:

a. “Advocacy” means supporting youth to help express their views and wishes and help them stand up for their rights.

b. “Agency” means a public or private agency or other organization providing services to DCYF clients.

c. “Attempted Youth Contact” means one-way engagement from provider to youth or from youth to provider with the intent to establish mutual engagement. Examples include:

(1) Face-to-face or video meeting where only one party is present (no show);

(2) Voicemail;

(3) Unanswered emails or text messages; and

(4) Written letters.

d. “Authorized” means approved by a DCYF Social Service Specialist as evidenced by receipt of an SSPS Social Services notice or other written notice.

e. “Capacity Payment” means a payment made for each (Case Manager qualified for Capacity Payment) FTE or portion of, that is either performing or available to perform the work as outlined in the Statement of Work. To be eligible for a Capacity Payment, the (Case Manager) may only perform work as defined in the Statement of Work Section of this contract. Any time performing work outside the scope of the position description is not eligible for Capacity Payment.

f. “CFDA” means Catalog of Federal Domestic Assistance.

g. “Child Abuse or Neglect” means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child under circumstances, which indicate that the child's health, welfare, or safety is harmed. An abused child is a child who has been subjected to child abuse or neglect.

h. “Client” means any child or adult who is authorized services by DCYF.

i. “Closed DCYF Case” means a client who is no longer receiving services from DCYF.

j. “Compliance Agreement” means a written plan approved by DCYF which identifies deficiencies in Contractor’s performance, describes the steps Contractor must take to correct the deficiencies, and sets forth timeframes within which such steps must be taken to return Contactor to compliance with the terms of the Contract.

k. “Consultant” means a person who is qualified by credential, background, or experience to assist in assessing, evaluating, counseling, or treating the client, and who provides technical, clinical, practical or other relevant assistance to the Contractor in the assessment, evaluation, counseling, or treatment of a client.

l. “Corporal Punishment” means any act that willfully inflicts or causes the infliction of physical pain on a child.

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m. “Court Report”, DCYF Form 09-095, means the document presented to juvenile courts for dependency and permanency reviews, identifying the service plans for children, parents, foster/relative caregivers, agencies and DCYF.

n. “CPS” means Child Protective Services, a program under DCYF.

o. “CPS Intake” is the process designated to record all referral reports concerning instances of suspected child abuse and neglect, determine if the referral meets referral screening criteria and make a disposition concerning the referral.

p. “Cultural Adaptations” means modifications made to practices, customs, or expectations to better accommodate a specific culture's values and norms. This includes providing culturally competent training to staff to ensure a comprehensive understanding of local needs, employing linguistically and culturally specific communication and access strategies, and adjusting intervention methods to align with diverse family structures and belief systems.

q. “Culturally Responsive” means culture includes the shared social behaviors and norms within a society. This can include shared knowledge, beliefs, laws, arts, customs, habits, priorities, expectations, and many other shared practices. Being Culturally Responsive would involve proactively engaging with people in ways that are appropriate within their cultural values, behaviors, and norms.

r. “Culturally Specific” means proactive learning and engagement regarding the distinct cultural practices of others, referencing specific elements that could be recognized as particular to their cultural ways.

s. “Established Youth Contact” means mutual engagement between provider and youth. Examples include:

(1) Face-to-face or video meetings;

(2) Phone calls with both parties on the line; and

(3) Text message or email exchanges with participation from both parties.

t. “ETV” means Educational and Training Voucher services.

u. “Extended Foster Care” is a voluntary program that offers youth in foster care the option of remaining in care until twenty-one (21) to support a successful transition to independence.

v. “Family” means the birth parent(s), relative caregiver (kinship care), foster parent(s), and/or adoptive parent(s) who act(s) as caregiver(s) for a child.

w. “IEP” means Individual Education Plan.

x. “ILS” or “ILP” means “Independent Living Skills Program;” a contracted service offered to youth age fifteen (15) to twenty-three (23) who are in foster care that covers life skill development areas in preparation for adulthood.

y. Interpreter” means a person who speaks English and another language fluently or signs American Sign Language fluently. Fluency includes an understanding of nonverbal and cultural patterns necessary to communicate effectively. An interpreter enables clients and medical/health care

2056XC DCYF Client Service Contract 7-7-20 Page 13 providers to communicate effectively with each other.

z. “LGBTQIA+” means an individual who identifies as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex and Asexual. The "+" represents identities not specifically named in the LGBTQIA acronym, e.g., pansexual, gender nonbinary, and Two-Spirit.

aa. “Limited English Proficiency” or “LEP” means persons are limited in their ability to read, write or speak English or have a limited ability to speak or read English well enough to understand and communicate effectively.

bb. “Mentoring” means assisting youth to achieve the youth’s Independent Living goals by providing on-going, continuing, relationship-based services, which enhance the youth’s skills, knowledge and competency to live independently.

cc. “Open DCYF Case” refers to a client who is currently receiving services from DCYF.

dd. “Permanency Pact” an individualized contractual agreement that is completed by a youth and a self-selected supportive adult. The Pact combines elements of relational permanency with the formality associated with legal permanency in order to produce a document of commitment that describes the permanency, scope, and expectations of the relationship for the youth and their supportive adult.

ee. “Relational Permanency” an emotional attachment between the youth, caregivers and other family members and kin.

ff. “Social Service Specialist” means the assigned DCYF social worker.

gg. “SSPS” means the DCYF Social Service Payment System, the service authorization and payment system used by DCYF for this Contract.

hh. “Staffing” means a formal or informal meeting, conducted by a DCYF Social Service Specialist or DCYF staff member with one or more of the following persons: other DCYF staff, professional staff of the Contractor and/or other provider, consultants, parents or others, for the purpose of reviewing or discussing, or for making decisions concerning, a client or case.

ii. “Subrecipient” means a non-Federal entity that expends Federal awards received from a pass-through entity to carry out a Federal program but does not include an individual that is a beneficiary of such a program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

jj. “Unusual Incidents” means circumstances or events that concern a child's health, safety or well being or may impact the child’s living situation or permanent plan.

kk. “Youth”, “Participant”, and “Client” are used interchangeably throughout this Contract and mean youth who are eligible for the Foster Care Housing Program as stated in Exhibit B.

2. Purpose. The purpose of this Contract is to provide housing support services which may include locating housing, working with property owners/managers, assisting with application submissions, covering funds for deposits and fees and providing post lease support.

3. Data Security Requirements – Exhibit A. The Contractor shall protect, segregate, and dispose of data from DCYF as described in Exhibit A.

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4. Statement of Work – Exhibit B. The Contractor shall provide services and staff as described in the Statement of Work attached as Exhibit B.

5. Program Requirements – Exhibit C. The Contractor shall comply with all program and other requirements for providing services under this Contract, as stated in the Program Requirements attached as Exhibit C.

6. Consideration

a. Pre Lease

(1) Monthly Capacity Rate

(a) DCYF will pay the Contractor a monthly capacity rate, for each qualified Housing Navigator up to the maximum FTEs as identified on the DCYF published FCHP Fee Table, posted at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

(b) The payment of the Monthly Capacity Rate is dependent on the Contractor meeting the following:

i. Staff whose work is solely committed to the work of Housing Navigator, as defined in this contract for the month of billing;

ii. Limited to the number of the maximum funded Housing Navigator identified for each Contractor on the FCHP Fee Table posted at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services; and

iii. Counted by the hours worked to include PTO and Holliday out of the total work hours of the month, based on a traditional eight (8) hour workdays, five (5) days a week.

(c) A Staff working less than the full month will be prorated.

(2) Case Rate

(a) DCYF will pay the Contractor a case rate per youth for the services identified in Exhibit B, Statement of Work in effect at the time services are provided according to the DCYF published FCHP Fee Table, posted at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

(b) The amount the Contractor receives in a month may vary based on the number of youths served and the days of service provided during the month (from each youth’s entry date to exit date). Youth on the waiting list are not included in this count because they are not receiving services under this Statement of Work.

(c) The Contractor must not provide services under this Statement of Work to more youth than the number of slots specified in the published FCHP Fee Table.

b. Post Lease

(1) Monthly Capacity Rate

(a) DCYF will pay the Contractor a monthly capacity rate, for each qualified Housing Navigator

Docusign Envelope ID: C367EB93-1C7B-8497-815E-DC1389812CC8 https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services

2056XC DCYF Client Service Contract 7-7-20 Page 15 up to the maximum FTEs as identified on the DCYF published FCHP Fee Table, posted at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

(b) The payment of the Monthly Capacity Rate is dependent on the Contractor meeting the following:

i. Staff whose work is solely committed to the work of Housing Navigator, as defined in this contract for the month of billing;

ii. Limited to the number of the maximum funded Housing Navigator identified for each Contractor on the FCHP Fee Table posted at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services; and

iii. Counted by the hours worked to include PTO and Holliday out of the total work hours of the month, based on a traditional eight (8) hour workdays, five (5) days a week.

(c) A Staff working less than the full month will be prorated.

c. Travel

(1) Travel Time is authorized for Housing Navigators to support client participation in FCHP services and includes travel:

(a) From the Contractor’s place of business or residence, whichever is the shorter distance or prior youth visit;

(b) To pick up and transport youth to an approved location or Contractor’s travel directly to a community location to provide services;

(c) To pick up and transport youth to approved appointments related to obtaining and/or maintaining housing or traveling to community locations to deliver services as described within this Statement of Work;

(d) Return the youth to an agreed upon location; and

(e) Return to Contractor’s business or residence, whichever is the shorter distance, unless traveling to the next youth location for FCHP services.

(2) No reimbursement for travel shall be paid for travel between the Housing Navigator’s residence and the Contractor’s place of business.

(3) Travel time is limited to the maximum amount funded for each Contractor on the FCHP Fee Table posted at: https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services

d. Mileage

(1) Mileage shall be reimbursed at the current state mileage rate set by the Washington State Office of Financial Management (OFM).

(2) Current mileage rates for travel can be accessed at: https://ofm.wa.gov/accounting/travel/.

e. Concrete Goods

Docusign Envelope ID: C367EB93-1C7B-8497-815E-DC1389812CC8 https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://ofm.wa.gov/accounting/travel/

2056XC DCYF Client Service Contract 7-7-20 Page 16

(1) The Contractor shall assist the youth in obtaining concrete goods, as follows:

(a) When outlined in the youth’s Assessment of Need or Housing Support Plan to directly support obtaining and maintaining housing;

(b) The Contractor shall first seek community resources to provide concrete goods that are available at no cost to the client or the Contractor before funds are expended for concrete goods;

(c) If community resources for concrete goods are not available, purchases must be made using the most economical and reasonable approach and may include purchasing items that are gently used or second hand;

(d) Separate from the case rate, DCYF will reimburse the Contractor for actual costs of concrete goods up to the cumulative total specified in the FCHP Fee Table with prior written approval from DCYF staff; and

(e) A copy of all the receipts shall be submitted with billing.

(2) Funding for concrete goods is capped at the amount specified in the FCHP Fee Table. The Contractor will not be paid for any costs that exceed this amount.

(3) DCYF is not able to pre-pay for any services.

(4) Allowable concrete good expenditures include:

(a) Security deposits, if non-refundable or can be refunded to DCYF;

(b) Limited rent assistance;

(c) Utilities (may include internet access), if non-refundable or can be refunded to DCYF;

(d) Appliances;

(e) Cleaning supplies;

(f) Moving costs;

(g) Furniture;

(h) Automobile repairs;

(i) Home repairs due to tenant-caused damage; and

(j) Credit checks.

7. Billing

a. The Contractor shall submit the monthly Foster Care Housing Support billing form to the DCYF Youth and Family Housing Program Manager at dcyf.fchprogram@dcyf.wa.gov.

b. The Contractor shall contact the DCYF Youth and Family Housing Program Manager with any mailto:dcyf.fchprogram@dcyf.wa.gov

2056XC DCYF Client Service Contract 7-7-20 Page 17 questions.

c. Claims for payment must be received by DCYF no later than sixty (60) days from the date services were rendered.

d. The billing form can be found at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

8. Payment

a. The Contractor shall agree to accept the DCYF payment as the sole and complete payment for services provided under this Contract.

b. Payment shall be dependent upon DCYF receipt of satisfactorily completed required reports that conform to specifications in the Statement (s) of Work.

c. DCYF will make payment within thirty (30) days of receipt of a properly completed invoice for services.

d. DCYF will not be obligated to pay for services submitted more than three (3) months after the calendar month in which the services were performed.

e. DCYF may stop payment to the Contractor if reports required under this Contract are delinquent, i.e., not submitted within ten (10) days of the due date, or incomplete.

f. DCYF may, at its sole discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of the Contract.

g. DCYF will not pay for any services that are not authorized by DCYF.

9. Wage Standards

a. The Contractor agrees that the Housing Navigator and Housing Navigator Supervisor shall receive, on average, the regionalized wages and benefits (combined) identified in the Foster Care Housing Program Fee Table, available at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

b. This requirement does not prescribe compensation difference between staff, specify compensation for any individual staff, or prohibit agencies from having an average salary and benefits higher than the modeled rates.

10. Financial Management

a. Contractor must maintain a written financial management system to ensure accurate tracking and internal controls of all financial matters related to this contract, including but not limited to:

b. Fiscal records that shall substantiate costs charged to DCYF;

c. Documentation of all costs associated with services provided;

d. Payroll;

Docusign Envelope ID: C367EB93-1C7B-8497-815E-DC1389812CC8 https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services

2056XC DCYF Client Service Contract 7-7-20 Page 18

e. Subcontractors (If applicable); and

f. Travel Cost.

Reconcile invoices and payments no less than quarterly, if you have any payment questions please submit the Payment Inquiry Form available at: https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

11. Insurance

The Contractor shall at all times comply with the following insurance requirements.

a. General Liability Insurance

The Contractor shall maintain Commercial General Liability Insurance or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of the parties’ performance under this Contract, including but not limited to premises, operations, independent Contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, Department of Children, Youth and Families, its elected and appointed officials, agents, and employees of the state, shall be named as additional insureds.

In lieu of general liability insurance mentioned above, if the Contractor is a sole proprietor with less than three contracts, the Contractor may choose one of the following three general liability policies but only if attached to a professional liability policy, and if selected the policy shall be maintained for the life of the contract:

Supplemental Liability Insurance, including coverage for bodily injury and property damage that will cover the Contractor wherever the service is performed with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department of Children, Youth and Families its elected and appointed officials, agents, and employees shall be named as additional insureds.

or

Workplace Liability Insurance, including coverage for bodily injury and property damage that provides coverage wherever the service is performed with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department of Children, Youth and Families, its elected and appointed officials, agents, and employees of the state, shall be named as additional insureds.

or

Premises Liability Insurance and provide services only at their recognized place of business, including coverage for bodily injury, property damage with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department of Children, Youth and Families, its elected and appointed officials, agents, and employees of the state, shall be named as additional insured.

b. Business Automobile Liability Insurance

Docusign Envelope ID: C367EB93-1C7B-8497-815E-DC1389812CC8

2056XC DCYF Client Service Contract 7-7-20 Page 19

The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport clients, including vehicles hired by the Contractor or owned by the Contractor’s employees, volunteers or others, with the following minimum limits: $1,000,000 per accident combined single limit. The Contractor’s carrier shall provide DCYF with a waiver of subrogation or name DCYF as an additional insured.

c. Professional Liability Insurance (PL)

The Contractor shall maintain Professional Liability Insurance or Errors & Omissions insurance, including coverage for losses caused by errors and omissions, with the following minimum limits:

Each Occurrence - $1,000,000; Aggregate - $2,000,000.

d. Worker’s Compensation

The Contractor shall comply with all applicable Worker’s Compensation, occupational disease, and occupational health and safety laws and regulations. The State of Washington and DCYF shall not be held responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or its employees under such laws and regulations.

e. Employees and Volunteers

Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor’s employees and volunteers. In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current driver’s licenses.

f. Subcontractors

The Contractor shall ensure that all subcontractors have and maintain insurance with the same types and limits of coverage as required of the Contractor under the Contract.

g. Separation of Insureds

All insurance policies shall include coverage for cross liability and contain a “Separation of Insureds” provision.

h. Insurers

The Contractor shall obtain insurance from insurance companies identified as an admitted insurer/carrier in the State of Washington, with a Best’s Reports’ rating of B++, Class VII, or better.

Surplus Lines insurance companies will have a rating of A-, Class VII, or better.

i. Evidence of Coverage

The Contractor shall, upon request by DCYF, submit a copy of the Certificate of Insurance, policy, and additional insured endorsement for each coverage required of the Contractor under this Contract. The Certificate of Insurance shall identify the Washington State, Department of Children, Youth and Families as the Certificate Holder. A duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract, shall execute each Certificate of Insurance.

The Contractor shall maintain copies of Certificates of Insurance, policies, and additional insured

2056XC DCYF Client Service Contract 7-7-20 Page 20 endorsements for each subcontractor as evidence that each subcontractor maintains insurance as required by the Contract.

j. Material Changes

The insurer shall give the DCYF point of contact listed on page one of this Contract forty-five (45) days advance written notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the insurer shall give DCYF ten (10) days advance written notice of cancellation.

k. General

By requiring insurance, the State of Washington and DCYF do not represent that the coverage and limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor’s liability under the indemnities and reimbursements granted to the State and DCYF in this Contract. All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State.

l. Waiver

The Contractor waives all rights, claims and causes of action against the State of Washington and DCYF for the recovery of damages to the extent said damages are covered by insurance maintained by Contractor.

12. Services Authorized as Needed

DCYF shall request services from the Contractor on an as-needed basis.