Attach A-Sample Contract - Reviewed 10.24.docx

SERVICES CONTRACT

Caregiver Supports Services DCYF Contract Number:

2435-60156 Resulting From Procurement Number:

Contractor Contract Number:

ONTRACTOR doing business as (DBA)

CONTRACTOR ADDRESS

WASHINGTON UNIFORM BUSINESS IDENTIFIER (UBI)

DCYF INDEX NUMBER

CONTRACTOR CONTACT

CONTRACTOR TELEPHONE

CONTRACTOR FAX

CONTRACTOR E-MAIL ADDRESS

DCYF ADMINISTRATION

Childrens Administration

DCYF DIVISION

Division of Children and Family Services

DCYF CONTRACT CODE

2000PC-35

DCYF CONTACT NAME AND TITLE

Student Sixteen Contracts Manager

DCYF CONTACT ADDRESS

4500 10th Ave SE Lacey, WA 98504

DCYF CONTACT TELEPHONE

(888) 888-8888

DCYF CONTACT FAX

(888) 888-8888

DCYF CONTACT E-MAIL ADDRESS

eacdhelp@dshs.wa.gov

IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT?

No

CFDA NUMBER(S)

CONTRACT START DATE

03/01/2025

CONTRACT END DATE

09/30/2026

CONTRACT MAXIMUM AMOUNT

Fee For Service

EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference:

|_| Data Security: |_| Exhibits (specify): EXHIBIT A – Data Security Requirements; EXHIBIT B – Statement of Work– B Start-up and Ramp-up Caregiver Support Service; EXHIBIT C – Statement of Work– Caregiver Support Services; EXHIBIT D – Program Requirements – Caregiver Support Services |_| No Exhibits.

The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DCYF only upon signature by DCYF.

CONTRACTOR SIGNATURE

Draft - Please Do Not Sign

PRINTED NAME AND TITLE

DATE SIGNED

DCYF SIGNATURE

Draft - Please Do Not Sign

PRINTED NAME AND TITLE

DATE SIGNED

Department of Children, Youth & Families 2068PC DCYF Services Contract (8-1-2019) Page 1 Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions:

“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.

“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.

“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.

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

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

“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.

“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.

“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/.

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

“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.

“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/.

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.

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

Billing Limitations.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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).

Default 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).

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

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.

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.

Remedies for Breach 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.

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.

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 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.

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.

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.

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.

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

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.

Indemnification and Hold Harmless.

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.

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.

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.

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.

Industrial Insurance Coverage. The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. 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, Agency may collect from the Contractor the full amount payable to the Industrial Insurance accident fund. The Agency may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Agency 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.

Notice of Overpayment. 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. The Contractor’s request for an adjudicative proceeding must:

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;

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

Include a statement as to why the Contractor thinks the notice is incorrect; and Include a copy of the overpayment notice.

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.

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. DCYF may charge the Contractor interest and any costs associated with the collection of this overpayment. DCYF may collect an overpayment debt through lien, foreclosure, seizure and sale of the Contractor’s real or personal property; order to withhold and deliver; or any other collection action available to DCYF to satisfy the overpayment debt.

DES Filing Requirement. Under RCW 39.26, sole source contracts and amendments must be filed with the State of Washington Department of Enterprise Services (DES). If this Contract is one that must be filed, it shall not be effective nor shall work commence or payment be made until the tenth (10th) working day following the date of filing subject to DES approval. In the event DES fails to approve the Contract or any amendment hereto, the Contract or amendment shall be null and void.

Subcontracting. Except as otherwise provided in this Contract, the Contractor shall not Subcontract any of the contracted services without the prior written approval of DCYF. Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Contract are included in any and all Subcontracts. 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.

Subrecipients.

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

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;

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;

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

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

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 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.)

Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 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:

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;

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.

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.

Termination for Convenience. 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.

Termination for Default. The Contracts Administrator 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:

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

Failed to protect the health or safety of any DCYF client;

Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or Violated any applicable law or regulation.

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

Termination or Expiration Procedure. The following terms and conditions apply upon Contract termination or expiration:

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

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

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 property within ten (10) calendar days, the Contractor shall be charged with all reasonable costs of recovery, including transportation.

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.

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

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.

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

Taxes.

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.

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 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.

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.

DCYF General Terms and Conditions

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

“Abuse of Client” means the injury, sexual abuse or exploitation, negligent treatment or maltreatment of a client by any person under circumstances which indicate that the client’s health, welfare or safety is harmed thereby.

“Active Case” means cases in which the caregiver is engaged and participating in support services.

“Adoption Disrupts” is a phrase commonly used in adoption practice which means any interruption in the adoption process which either temporarily or permanently halts the placement of a child.

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

“Assistance” means help provided to a child for the purpose of aiding the child in performance of tasks.

“Attendant Care” means physical assistance and/or behavioral support provided to ensure the health, safety and well-being of a child, for the purpose of maintaining the child in the child’s current placement.

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

“Birth/Adoptive Family” means the child’s birth family or adoptive family and includes biological and adoptive parents, relatives of specified degree, and extended family members as defined by law or by custom of the Indian child’s tribe.

“Capacity Payment” means a payment made for each (Placement Support Manager and Behavioral Case Aide Specialist 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 (Placement Support Manager and Behavioral Case Aide Specialist) 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.

“Caregiver” means a person who is providing care to a child or youth who DCYF has placement and care authority over and is placed outside of the legal guardian’s home.

“Caregiver Support” means the activities that assist the caregiver in caring for children and youth in their care. This support involves assisting the caregiver in system supports and navigation and behavioral skill training.

“Caregiver Support Plan” means the plan developed with the licensed caregiver that identifies what Caregiver Support the caregiver needs from the agency based on the elements of the caregiver support services for the level the youth is assessed to need.

“Case Aide Services” means Foster Care Child Support Aide Services which are intended to augment supervision and activity plans for children whose behaviors or developmental needs require support in a foster home or family setting.

“Case Record” means the child’s record maintained by the Contractor where all documentation and case related material is located.

“CFWS” “means Child & Family Welfare Services, a program under DCYF focused on serving children and families who need ongoing services.

“Child” or “Youth” means any un-emancipated individual who is under the chronological age of eighteen (18) years, and are terms used interchangeably throughout this Contract. Youth enrolled in high school or a high school completion program is included in this definition until completion of high school or age twenty-one (21), whichever occurs first.

“Child Abuse or Neglect” (CA/N) 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.

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

“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.

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

“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.

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

“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.

“EPSDT” means Early and Periodic Screening Diagnosis and Treatment, which is administered in Washington State as the Healthy Kids Program.

“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.

“Family/Family Resource” means the biological or adoptive parents, relatives, tribe, or other ongoing significant support persons, or the past, present and/or future foster parents, who remain consistently involved in the treatment and ongoing support of a child.

“Foster Care Child Support Aide” or “FC Child Support Aide” means augmented supervision and support provided by trained individuals, for children requiring interventions to protect the youth, others and the community from actions of the youth being served.

“IEP” means Individual Education Plan.

“ILS” means Independent Living Skills and refers to services provided to youth that are designed to increase various skills necessary to be an independent adult.

“Inactive Case” means the Caregiver has declined services.

“Legally Free Child” means a child who is legally free for adoption because the child has no legal parent, either because the parent has died or because parental rights have been terminated (through relinquishment or involuntary termination) by a court order.

“LEP” means Limited English Proficiency and indicates an individual’s need for additional support and assistance in comprehending the English language.

“Positive Behavior Support” means providing the knowledge and skills to support a Caregiver to provide safe and nurturing parenting to a child or youth in their care.

“Primary Caregiver” means the individual who is the current placement resource and has primary care giving responsibilities for a child.

“Protective Supervision” means a supervision plan the Caregiver will implement and manage to ensure the health, safety and well-being of a child or youth through behavioral support for the purpose of reducing risk to the child or others and maintaining the child in the child’s current placement.

“Quarterly Service planning visit” means an in-person meeting with a caregiver quarterly, in the caregivers’ home to review Caregiver supports provided for the last quarter and review and update the next quarters support plan.

“Respite Care” refers to services provided to a primary caretaker for relief from parenting or care-giving responsibilities for a child.

“Respite Care (In Home)” means the provision of respite services in the child’s current placement.

“Respite Care (Out-of-Home)” means the provision of respite services in the residence of a licensed foster parent or the licensed facility of a childcare provider. An individual providing this service must be either a licensed foster parent or childcare provider or an employee of the Contractor or other agency approved by DCYF to provide respite services.

“Social Service Specialist” means either an DCYF assigned social worker or an individual from a Tribe that is responsible for overseeing a child’s case for established care and custody.

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

“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.

“Support Activities” means tasks and activities which reinforce strengths and increase the opportunity of success for children, families, foster parents, and placement resources.

“Support Information” means data or information that the primary caregiver or the DCYF Social Service Specialist provides concerning a child, which assists providers or agencies in meeting the child’s needs, including but not limited to medications, behavioral traits, and other special needs of the child.

“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.

Purpose The purpose of these services is to assist the Caregiver in supporting a child or youth in their care to access needed medical, social, educational, and other necessary services.

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

Statement of Work Start-up and Ramp-up Caregiver Support Services Exhibit B The Contractor shall provide services and staff as described in the Statement of Work attached as Exhibit B.

Statement of Work Caregiver Support Services Exhibit C The Contractor shall provide services and staff as described in the Statement of Work attached as Exhibit C.

Program Requirements – Caregiver Support Services Exhibit D 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 D.

Consideration Start-up Cost DCYF will reimburse the Contractor up to the maximum identified on the DCYF published Caregiver Support Rate Table for each step below, if they provide services and comply with requirements as described in the Statement of Work attached as Exhibit B.

Month 1 Costs intended to support Director and Program Manager and associated modeled costs.

Cost can be billed up to a regionalized amount identified on the Rate Table for cost incurred.

Month 2 Costs intended to support Advertising, Director, Program Manager and associated modeled costs.

Cost can be billed up to a regionalized amount identified on the Rate Table for cost incurred.

Month 3 Costs intended to support Advertising, Director, Program Manager, 1/3 of maximum FTE authorized Placement Support Managers as modeled.

Cost can be billed up to a regionalized amount identified on the Rate Table for cost incurred.

Ramp-up Cost DCYF will pay the Contractor per month for a total of three (3) months as authorized and described Exhibit B Start-up and Ramp-up Caregiver Support Services Statement of Work and according to the DCYF published Caregiver Support Rate Table.

Capacity Rates Placement Support Manager DCYF will pay the Contractor a monthly rate or a prorated amount per Placement Support Manager Full Time Employee (FTE) they have on staff for that month up to the maximum number of FTE allowed according to the DCYF published Caregiver Support Rate Table.

Behavioral Case Aide DCYF will pay the Contractor a monthly rate or a prorated amount per Behavioral Case Aide Full Time Employee (FTE) they have on staff for that month up to the maximum number of FTE allowed according to the DCYF published Caregiver Support Rate Table.

DCYF will review the capacity rates every quarter and adjust capacity for catchment areas, as needed based on changes to placements within the catchment area. Contractors shall be provided at least thirty (30) days’ notice of any reductions to the monthly capacity rate.

Fee for Service Case Aide The Case Aide Services Fee shall be paid on a per child monthly basis for the actual hours of services provided up to the maximum hours allowable including Travel Time as described in Exhibit C – Caregiver Support Statement of Work and according to the DCYF published Caregiver Support Rate Table.

General administrative overhead is included in the hourly rate and shall not be billed separately.

Placement Support The Placement Support Fee shall be paid per placement on a monthly basis for services provided as described in Exhibit C – Caregiver Support Statement of Work and according to the DCYF published Caregiver Support Rate Table.

General administrative overhead is included in the hourly rate and shall not be billed separately.

Travel Time Travel Time is travel to and from the Caregivers home to provide services.

Travel providing services as authorized in the Caregiver support plan.

Contractor shall adhere to the following travel time stipulations:

Arrange travel to limit travel time;

Allowable travel time is portal to portal. DCYF will use Google Maps to evaluate reasonableness of claimed time;

Allowed travel time to the Caregiver home shall be calculated as:

From the Contractor’s place of business or residence, whichever is the shorter distance or previous Foster Home;

To the Foster Home; and Returning to Contractor’s business or residence, whichever is the shorter distance, unless traveling to the next Foster Home.

Any travel beyond fifty (50) miles to the appointment or returning (i.e. one-way) must be pre-authorized in writing by the Headquarters Program Manager.

Mileage Mileage will be paid at the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations.

Current rates for travel can be accessed at: http://www.ofm.wa.gov/policy/10.90.htm The Caregiver Support Fee Table is available at: https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

Vendor Rate Increase or Decrease In the event of a legislatively mandated general cost of living vendor rate increase or decrease, the rates shall be adjusted accordingly and shall be incorporated into the Published Fee Table on the date the rate(s) become effective.

Billing Start-up Cost The Contractor shall submit an A-19 with supporting financial documents that support cost incurred for items approved in each step to the DCYF Headquarters Program Manager after they meet each step as identified by Exhibit B, Statement of Work.

Contractor shall find the A-19 form at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

Claims for payment must be received by DCYF no later than sixty (60) days from the date each Step was met.

The Contractor shall contact the DCYF Headquarters Program Manager concerning billing questions.

Ramp-up Cost The Contractor shall submit an A-19 with supporting financial documents that support cost incurred for items approved in each step to the DCYF Headquarters Program Manager after they meet each step as identified by Exhibit B, Statement of Work.

Contractor shall find the A-19 form at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

Claims for payment must be received by DCYF no later than sixty (60) days from the date each Step was met.

The Contractor shall contact the DCYF Headquarters Program Manager concerning billing questions.

Capacity Placement Support Manager The Contractor shall submit an A-19 with supporting financial documents that support cost incurred per Placement Support Manager Full Time Employee (FTE) they have on staff for that month up to the maximum number of FTE allowed, as provided by DCYF to the DCYF Headquarters Program Manager.

Contractor shall find the A-19 form at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

Claims for payment must be received by DCYF no later than sixty (60) days from the date each Step was met.

The Contractor shall contact the DCYF Headquarters Program Manager concerning billing questions.

Behavioral Case Aide The Contractor shall submit an A-19 with supporting financial documents that support cost incurred per Behavioral Case Aide Full Time Employee (FTE) they have on staff for that month up to the maximum number of FTE allowed, as provided by DCYF to the DCYF Headquarters Program Manager.

Contractor shall find the A-19 form at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

Claims for payment must be received by DCYF no later than sixty (60) days from the date each Step was met.

The Contractor shall contact the DCYF Headquarters Program Manager concerning billing questions.

Caregiver Support Services The Contractor shall receive invoices generated by the Social Service Payment System (SSPS).

The Contractor shall verify that services stated on the invoices were delivered by indicating in the total units block and shall return (or call in) the invoices as directed by SSPS.

In the event of the death of any DCYF client receiving services from the Contractor, the Contractor shall submit a final billing for services to that client within sixty (60) days of the date of death of the client.

Case Aide The Contractor is approved to bill up to the maximum hours per child on monthly basis according to the DCYF published Caregiver Support Rate Table, including Travel Time for the actual hours of service provided.

The Contractor shall submit a monthly billing packet which contains a properly completed billing statement and required documentation to the DCYF fiduciary specialist responsible for the office of the service referral, identified at: https://www.dcyf.wa.gov/services/child-welfare-providers.

The Contractor shall contact the responsible Fiduciary Specialist concerning billing questions. Contact information is available at: https://www.dcyf.wa.gov/services/child-welfare-providers.

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

Payment DCYF shall only pay the Contractor for DCYF clients who have been authorized in writing by DCYF to receive services under this Contract.

DCYF shall only pay the level each youth has been determined to need for Caregiver Support services by the DCYF Placement Resource Specialist.

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.

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.

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

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

DCYF Meetings The Contractor shall participate, as requested by DCYF, in meetings. These meetings will be:

Coordinated by DCYF representatives from HQ for the regional catchment area contracted in;

Include DCYF, regional leads and staff from the local offices;

Focused on creating a setting for open dialog regarding:

The partnership of effort between DCYF in serving families;

Opportunities to support and enhance the service delivery process and outcomes; and Consensus building around best practices and specific service delivery.

Financial Management 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:

Fiscal records that shall substantiate costs charged to DCYF;

Documentation of all costs associated with services provided;

Payroll;

Subcontractors (If applicable); and Travel Cost.

Reconcile invoices and payments no less than quarterly, if you have any payment questions, please submit the Payment Inquiry Form.

Program Improvements When DCYF conducts a rate survey, the Contractor agrees to collaborate with DCYF for data collection and analysis.

Wage Standards The Contractor agrees that Caregiver Placement Support Manager and Behavioral Case Aide shall receive, on average, the regionalized wages and benefits (combined) identified in Caregiver Support Fee Table, available at https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services.

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.

Payment Only for Contracted Services DCYF shall pay the Contractor only for contracted services provided in accordance with this Contract. If this Contract is terminated for any reason, DCYF shall pay only for services provided through the date of termination.

Funding Stipulations Information for Federal Funding. The Contractor shall cooperate in supplying any information to DCYF that may be needed to determine DCYF or the client’s eligibility for federal funding.

Duplicate Billing. The Contractor must not bill other funding sources for services rendered under this Contract which would result in duplicate billing to different funding sources for the same service. Furthermore, the Contractor shall ensure that no subcontractor bills any other funding sources for services rendered under this Contract, which would result in duplicate billing to different funding sources for the same service.

No Federal Match. The Contractor shall not use funds payable under this Contract as match toward federal funds without the prior written permission of DCYF.

Supplanting. The Contractor shall use these funds to supplement, not supplant the amount of federal, state and local funds otherwise expended for services provided under this Contract.

Recovery of Fees for Noncompliance In the event the Contractor bills for services provided and is paid fees for services that DCYF later finds were either (a) not delivered or (b) not delivered in accordance with applicable standards or the requirements of this Contract, DCYF shall have the right to recover the fees for those services from the Contractor, and the Contractor shall fully cooperate during the recovery process.

Prohibition of Use of Funds for Lobbying Activities The Contractor shall not use funds payable under the Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of any state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant.

Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Contract, at the sole discretion of DCYF, and shall subject Contractor to such monetary and other penalties as may be provided by law.

Business/Financial Assessment The Contractor authorizes DCYF to obtain a financial assessment and/or credit report of the Contractor’s corporation and/or business, and of the principal owner(s) of the corporation and/or business, at any time prior to or during the term of this Contract. A “principal owner” includes person(s) or organization(s) with a 25% or more ownership interest in the business.

DCYF may deny, suspend, terminate, or refuse to renew or extend a contract if, in the judgment of DCYF, the Contractor, or any partner or managerial employee of the Contractor, or an owner of 50% or more of the Contractor entity, or a principal owner who exercises control over the Contractor’s daily operations:

Has a credit history which could adversely affect the Contractor’s ability to perform the contract;

Has failed to meet a financial obligation as the obligation fell due in the normal course of business; or Has filed for bankruptcy, reorganization, or receivership within five years of the start date of the contract.

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

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.