Attachment A_Sample Contract.pdf

Department of Children, Youth & Families 2056XC DCYF Client Service Contract 7-7-20 Page 1

CLIENT SERVICE CONTRACT

Credible Messengers Transition &

Re-Entry Services

DCYF Contract Number:

2613-60156 Resulting From Solicitation Number:

This Contract is between the State of Washington Department of Children, Youth & Families (DCYF) and the Contractor identified below.

Program Contract Number:

Contractor Contract Number:

CONTRACTOR NAME

Graham Jones

CONTRACTOR doing business as (DBA)

CONTRACTOR ADDRESS

978 Dunlop Street Olalla, WA 98333-3333

WASHINGTON UNIFORM

BUSINESS IDENTIFIER (UBI)

DCYF INDEX NUMBER

146185

CONTRACTOR CONTACT

Graham Jones

CONTRACTOR TELEPHONE

(360) 555-1216

CONTRACTOR FAX

CONTRACTOR E-MAIL ADDRESS

graham@email.com

DCYF ADMINISTRATION

Childrens Administration

DCYF DIVISION

Division of Children and Family Services

DCYF CONTRACT CODE

2000XC-13

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?

Yes

CFDA NUMBER(S)

16.540

CONTRACT START DATE

10/01/2026

CONTRACT END DATE

09/30/2027

CONTRACT MAXIMUM AMOUNT

$170,000.00

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

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

DCYF General Terms and Conditions

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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.

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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 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. “OJJ” means the Office of Juvenile Justice under the Rehabilitation Administration.

b. “WA-PCJJ” means the Washington State Partnership Council on Juvenile Justice.

2. Purpose. The purpose of this Contract is to:

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

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. Budget Exhibit – Exhibit C. Contractor’s Budget for providing services under this Contract is attached as Exhibit C. Funds may be transferred between budget line items of the Contractor’s Budget subject to the following conditions:

a. Transfer of funds up to 10% of the budget line item must be requested in writing by the Contractor and may be made without amending this Contract;

b. Transfer of funds that exceeds 10% of the budget line item shall require a written amendment to this Contract prior to the transfer of funds between budget line items.

6. Federal Terms and Conditions – Exhibit D. Contractor must abide by all terms and conditions laid out in Exhibit D and must pass those same requirements on to any sub-contractors funded through this contract. All sub-contractors must be approved by DCYF.

7. Billing and Payment

a. The Contractor shall submit a Financial Report Form, (format to be provided by OJJ), to the assigned Contract Manager on a monthly or quarterly basis depending on the Contractor’s preference. Financial Reports may not be submitted for any period less than one month or more than three months.

b. The Contractor’s Financial Report Form shall be submitted no later than 30 days past the last day of the month, in which services were provided.

c. DCYF shall pay the Contractor upon acceptance of a properly completed Financial Report.

d. Payment shall be considered timely if made by DCYF within 30 days after the receipt of the properly completed invoice.

e. Payment shall be sent to the Contractor’s address on page one of this Contract.

f. The Contractor accepts the DCYF payment as the sole and complete payment for the services provided under this contract.

g. DCYF shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or are not provided in accordance with this “Statement of Work.” If DCYF pays the Contractor for services authorized but not provided by the Contractor in lindsb Contract Staff: Delete any CA definitions that you do not need/use in this contract. Add others that are stated in the contract but not listed here lindsb Contract Staff: Complete description of purpose of contract, unless this is an in-home service and the Purpose Statement is on the first page, in which case delete this section.

Contract Staff: Include the following Budget provision & Exhibit only if a budget is included as part of the contract. If you delete this provision, delete Budget Exhibit and delete reference on page 1.

Contract Staff: You should have chosen one of three Billing and Payment sections from the subcodes popup screen (“standard” or “SSPS” or “per Budget”). If you use the “standard” or “SSPS” Billing section, delete Exhibit D – Budget page, and delete reference to Exhibit D on page 1.

2056XC DCYF Client Service Contract 7-7-20 Page 12 accordance with this Contract’s “Statement of Work,” the amount paid shall be considered to be an overpayment.

h. If this Contract is terminated for any reason, DCYF shall pay for only those services authorized and provided through the date of termination.

8. Administrative Records. The Contractor shall retain all fiscal records that substantiate all costs charged to DCYF under this Contract.

9. Insurance. The Contractor shall at all times comply with the insurance requirements outlined in Exhibit D, Federal Terms and Conditions.

10. Meals and Refreshments – Limitations

Meals and refreshments are not allowable purchases under this contract.

11. Braam Considerations

In the event that DCYF should need to include additional requirements relating to the services provided under this Contract, as part of DCYF’s obligation to meet the requirements of Braam v. State of Washington, the parties agree to negotiate in good faith the incorporation of such additional requirements in this Contract, either by an amendment to this Contract or by a revised contract that would replace this Contract.

12. Payment Only for Authorized Services

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

If this Contract is terminated for any reason, DCYF shall pay only for services authorized and provided through the date of termination.

13. Funding Stipulations

a. 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.

b. 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.

c. 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.

14. 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.

15. Prohibition of Use of Funds for Lobbying Activities

Contract Staff: Keep this section only if Contractor will provide and be reimbursed for meals/refreshments – Otherwise, DELETE

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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.

16. Background Checks and Sexual Misconduct. Contractors and each of their employees, subcontractors and/or volunteers, who have contact with clients, shall have a cleared and approved current criminal history and background check conducted by DCYF and in alignment with DOJ Award Condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors.

a. This requirement applies to any employees, volunteers and subcontractors who may interact with youth served under this Contract.

b. In accordance with Chapters 110-700 WAC (JR-Practices & Procedures), 72.05 RCW (Children & Youth Services), and by the terms of this Contract, Contractor and each of its employees, subcontractors, and/or volunteers who may or will interact with any client/juvenile must be cleared through the DCYF criminal history and background check process. In addition, Contractor, each of their employees, subcontractors, and/or volunteers, who may or will interact with any client/juvenile, will be required to be cleared through a DCYF approved criminal history and background check to include a National Fingerprint Criminal Records Background Check every 5 years.

c. By execution of this Contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers, who may or will have regular access have not been convicted of any of the following:

(1) Any felony sex offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions) and 9A.44.130 RCW (Sex Offenses);

(2) Any crime specified in Chapter 9A.44 RCW (Sex Offenses) when the victim was a juvenile in the custody of or under the jurisdiction of JR; or

(3) Any violent offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions).

d. Contractor must require that current employees, volunteers, and contracted service providers who are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the above offenses. The report must be made to the person’s supervisor within seven (7) days of conviction and any person who have reported a guilty plea or conviction for one or more of these offenses must not have regular access to any offender. Contractor shall also document background checks/criminal history clearances for monitoring purposes.

17. Sexual Misconduct

a. Sexual Misconduct - 13.40.570 RCW (Sexual misconduct by state employees, contractors) states that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a Contractor and an offender has occurred, the Secretary shall require

2056XC DCYF Client Service Contract 7-7-20 Page 14 the employee of a Contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender.

b. By execution of this Contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW (Sexual misconduct by state employees, contractors) and of the crimes included in 9A.44 RCW (Sex Offenses).

c. In addition, the Secretary shall disqualify for employment with a Contractor in any position with access to an offender, any person:

(1) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or

(2) Convicted of any crime specified in chapter 9A.44 RCW (Sex Offenses) when the victim was an offender

d. If any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees, volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender. The Contract shall not be renewed unless the Secretary determines significant progress has been made.

18. PREA Requirements

The following Prison Rape Elimination Act (PREA) training and Criminal History Background Check requirements must be met if you are providing services to youth in a JR facility and will have access to youth. The training requirement only needs to be completed once.

a. Participate and complete all Prison Rape Elimination Act (PREA) required trainings which shall consist of the following:

(1) Review of JR’s PREA Policy 5.90, Applying the PREA Standards in JR;

(2) Review of the “JR Guide to the Prevention and Reporting Sexual Misconduct” brochure;

(3) View the National Institute of Corrections Video, Keeping Our Kids Safe: The Prison Rape Elimination Act and Juvenile Justice, Parts 1 and 2 (approx. 23 minutes total). Viewable via the YouTube link: NIC Keeping Kids Safe (https://www.youtube.com/watch?v=bH1J4M7QnYg); and

(4) Completion of the JR’s PREA “Volunteer/Contractor Acknowledgement Completion of Training and Policy Review” Form.

b. Complete the “PREA Sexual Misconduct” Form (DCYF 20-296).

c. Provide the completed “PREA Sexual Misconduct” and “Volunteer/Contractor Acknowledgement Completion of Training and Policy Review” forms to the JR Program Staff identified below or their designee, for each staff having direct unsupervised contact with JR residents within JR’s Institutions or Community Facilities.

d. Complete a mandatory Criminal History Background Check at least every 5 years and a National Fingerprint Criminal Records Background Check.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DbH1J4M7QnYg&data=05%7C02%7Cjenny.young%40dcyf.wa.gov%7C1bbb479a34de4e5b491908de8f44b670%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C639105722445280438%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=6P0t%2B2Hg3GwnE1CUgEGEd%2BvtO00oZ1nGccFknB1FjT4%3D&reserved=0

2056XC DCYF Client Service Contract 7-7-20 Page 15

19. Investigations of Contractor or Related Personnel

DCYF may, without prior notice, suspend the Contractor’s performance of the Contract if the Contractor, or any partner, officer or director of the Contractor, or a subcontractor, or any employee or volunteer of the Contractor or a subcontractor, is investigated by DCYF or a local, county, state or federal agency regarding any matter that, if ultimately established, could either:

a. Result in a conviction for violating a local, state or federal law, or

b. In the sole judgment of DCYF, adversely affect the delivery of services under this Contract or the health, safety or welfare of DCYF clients.

DCYF may also take other lesser action, including, but not limited to, disallowing the subject of the investigation, whether an employee, volunteer, or other person associated with the Contractor or a subcontractor, from providing services, or from having contact with DCYF clients, until the investigation is concluded and a final determination made by the investigating agency.

20. Removal of Individuals from Performing Services

a. In the event that any of Contractor’s employees, subcontractors, or volunteers who provide services under this Contract do not meet qualifications required by this Contract or do not perform the services as required in this Contract, DCYF may require that Contractor assure DCYF that such individual will not provide services to DCYF clients under this Contract.

b. DCYF shall notify the Contractor of this decision verbally and in writing and the Contractor shall, within twenty-four (24) hours, disallow that person from providing direct services to DCYF clients.

Failure to do so may result in a Compliance Agreement and possible suspension or termination of this Contract.

21. Compliance Agreement

In the event that DCYF identifies deficiencies in Contractor’s performance under this Contract, DCYF may, at its option, establish a Compliance Agreement. When presented with a Compliance Agreement, Contractor agrees to undertake the actions specified in the plan within the timeframes given to correct the deficiencies. Contractor’s failure to do so shall be grounds for termination of this Contract.

22. Resolution of Differences

In the event of any differences between the parties on matters related to the interpretation and implementation of this Contract, the parties shall first attempt to resolve the difference informally between themselves at the local or regional level, by following the regional conflict resolution process.

If the parties are unable to resolve their difference as stated above, then either party may submit a request for dispute resolution as provided in the Section Disputes below.

A copy of the regional conflict resolution process is available from the DCYF Contact person listed on page 1 of this Contract.

23. Prudent Parenting

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

The Contractor shall (if providing placement services to DCYF children), follow and comply with Prudent Parenting Standards outlined in RCW 74.13.710. All staff responsible for supervision and care of children served under this contract shall have completed the required online training provided by DCYF and the UW Alliance. The Contractor shall have onsite, for each facility based program, at least one (1) staff, per shift, who is designated to be the official caregiver authorized to apply the reasonable and prudent parenting standards. This training can be accessed at:

https://allianceforchildwelfare.org/course-catalog. To aid in how to use and apply prudent parenting standards DCYF developed guidelines. A copy of the guidelines is located at:

https://www.dcyf.wa.gov/services/foster-parenting/guidelines-laws-rules.

24. Disputes

a. Either party who has a dispute concerning this Contract may submit a written request for dispute resolution. The amount of any rate set by law, regulation, or DCYF policy is not disputable. A party’s written request for dispute resolution must include:

(1) A statement identifying the issue(s) in dispute; and

(2) Contractor’s name, address and contract number.

b. The request must be mailed to the following address within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue, which is disputed.

c. A copy of the current DCYF’s dispute resolution process is available at any time by written request.

d. Requests for dispute resolution or for a copy of the current DCYF’s dispute resolution process should be sent to:

Department of Children, Youth & Families Attention Contracts Unit P.O. Box 40983 Olympia, WA 98504-0983

e. This dispute resolution process is the sole administrative remedy available under this Contract.

25. Emergency Management & Response

a. It may be possible, that during the performance of this Contract, that DCYF or the State of Washington could issue or declare a State of Emergency. Such an emergency could include, but not be limited to:

(1) Pandemic;

(2) Public Health Emergency;

(3) natural or manmade disaster; and / or

(4) Civil Unrest.

b. If such a declaration is made, by DCYF or the State of Washington, then DCYF may choose to temporarily modify the service delivery provisions of this contract. Those modifications will be time limited and will be found here: https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-http://app.leg.wa.gov/RCW/default.aspx?cite=74.13.710 https://allianceforchildwelfare.org/course-catalog https://www.dcyf.wa.gov/services/foster-parenting/guidelines-laws-rules https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services

2056XC DCYF Client Service Contract 7-7-20 Page 17 services

26. Office of Civil Rights Required Trainings

a. Contract fulfillments includes acceptance of all terms and conditions and completion of online training offered by the Office of Justice Programs, Office for Civil Rights – http://ojp.gov/about/ocr/ocr-training-videos/video-ocr-training.htm. Self-test options are beneficial but not required.

b. Contractor should have in place anti-discriminatory policies. Contractor should seek technical assistance and training proactively. Access the WA Civil Rights Resource Guide for more information: https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/CRR-Guide.pdf

c. Print brochure published by WA Human Rights Commission:

https://www.hum.wa.gov/sites/default/files/public/publications/WSHRC%20General%20Brochure%2 0-%20English%20Language.pdf and have these printed brochures available at your facility, office space, and public area. The brochure includes information about process to file a human rights complaint.

d. For printed materials and presentations funded by the federal OJJDP grant, please include the following statement:

This project was partially supported by Grant Number 2017-JF-FX-0040 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in the presentation(s) are those of the author(s) and do not necessarily reflect those of the Department of Justice.

e. Please contact your contract manager for assistance if you have any questions.

27. Quality and Outcome Measures (Performance Based Contracting). Beginning July 1, 2019, DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by RCW 43.216.015. The purpose of this change is to help achieve DCYF’s long-term outcome goals, with a focus on building partnerships, using data to learn and improve, and advancing racial equity.

a. DCYF Outcome Goals for Children, Youth, and Families supported by Office of Juvenile Justice contracts include:

(1) Youth will experience an increase in school engagement.

(2) High School Graduation rates are increased.

(3) Youth development will be supported and not hindered through program and system implementation.

(4) Youth Mental/Health will improve as a result of programs provided by contractors.

b. OJJ Client Service Contract QUALITY Metrics: Contractor Level

(1) Contractor is required to submit quarter reports on time & accurately. Failure to do so will result in invoices being held for payment until reports are received.

c. OJJ Client Service Contract OUTCOME Metrics: System Level https://www.dcyf.wa.gov/services/child-welfare-providers/contracted-services http://ojp.gov/about/ocr/ocr-training-videos/video-ocr-training.htm https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/CRR-Guide.pdf https://www.hum.wa.gov/sites/default/files/public/publications/WSHRC%20General%20Brochure%20-%20English%20Language.pdf https://www.hum.wa.gov/sites/default/files/public/publications/WSHRC%20General%20Brochure%20-%20English%20Language.pdf

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

(1) The system will work to identify and add programs to the WISPP EBP list of best practices and promising programs. OJJ will add at least one program every 3 years to the WISPP EBP list to support better practices for youth and families served. Failure to do so will result in OJJ identifying additional funding to achieve the above-mentioned target.

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

EXHIBIT A

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

a. “AES” means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf).

b. “Authorized Users(s)” means an individual or individuals with a business need to access DCYF Confidential Information, and who has been authorized to do so.

c. “Cloud storage” means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations.