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HomeMy WebLinkAboutPK07-164 - Original - WA St Dept of Social & Health Services - Safe Haven's Access & Visitation Grant Program - 02/01/2007 Records Manme�i KENT Wws Hen CTOH _ Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if y u have questions, please contact City Clerks Office. Vendor Name: /=:W. Vendor Number: X, 7 JD Edwards Number Contract Number: ��- This is assigned by Deputy City Clerk Description: c � S Detail: S CJ Project Name: Contract Effective Date: Q Termination Date: 9- .Z f 'Q7 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: O>L Department: Abstract: SPublic\RecordsManagement\Forms\contractCover\ADCL7832 07/02 r . ` M1> STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES Economic Services Administration Operations Support Division P.O.Box 45445,Olympia,WA 98504-5445 January 26, 2007 Tracee Parker City of Kent 220 4th Ave S Kent WA 98032 REFERENCE: Contract# 0713-06816 Access and Visitation Dear Contractor: Enclosed is a fully executed Contract with the Department of Social and Health Services, Economic Services Administration. Please retain for your permanent records. If you have any questions, please contact Christine Simmonds at (360) 725-4529. Sincerely, Melissa Mirous Secretary Administrative Enclosure E C E cc: Donna Hengeveld Christine Simmonds JAN 2 g 2007 Fiscal HOUSING & HUMAN SERVICES REC -.. r) JAN HOUSING _S 2EKATCE2 DSHS Contract Number ` 20C1Vr�--HEVr1H 0713-06816 DEbY'1'J1ou E .LCA: CLIENT SERVICE CONTRACT 2mw Resulting From Solicitation Number z�tw Access and Visitation This Contract is between the State of Washington Department of Social Program Contract Number and Health Services (DSHS) and the Contractor identified below Contractor Contract Number CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Kent CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER(UBI) 220 4th Ave South 22475 Kent, WA 98032-5895 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Tracee Parker 253 856-5074 Ext 253 856-6140 TParker ci kent wa us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE ALL All Divisions I 3000XC-13 DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Donna Hengeveld PO Box 9162 Program Administrator Olympia, WA 98507-9162 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 206 341-7245 Ext 206 341-7277 dhen eve dshs wa gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) Yes 93 597 CONTRACT START DATE CONTRACT END DATE T40830 NTRACT MAXIMUM AMOUNT 2/1/2007 9/29/2007 EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference: ❑ Exhibits (specify): ❑ 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 DSHS only upon signature by DSHS CONT Or SIGNATURE PRI ED NAME AND TITL DATE SIGNED ctze7` C s. r 8 0 IDS NATU E PRINTED NAME AND TITLE DA E SI NED Christine Simmonds, Contract Analyst /Z lw DSHS/Economic Services Administration t O / 04 DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 1 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office b. "Contract' means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, and materials incorporated by reference. c "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office d. "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. The Contractor for this contract is. City of Kent. e. "Debarment" means an action taken by a Federal official to exclude a person or business entity from participating in transactions involving certain federal funds. f "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents g "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers 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 //sic leg wa gov/ 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. "Subrecipient" means a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency I. "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 llslc leg wa gov/ 2. Amendment. This Agreement 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 Agreement or Program Agreement to a third party DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 2 DSHS General Terms and Conditions without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b DSHS 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 DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge 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. Confidentiality. The Contractor may use Personal Information and other Information gained by reason of this Agreement only for the purpose of this Agreement The Contractor shall not disclose, transfer, or sell any such Information to any party, except as provided by law or, in the case of Personal Information, without the prior written consent of the person to whom the Personal Information pertains. The Contractor shall maintain the confidentiality of all Personal Information and other Information gained by reason of this Agreement, and shall return or certify the destruction of such Information if requested in writing by DSHS 7. 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 The Contractor also agrees to Include the above requirement in any and all subcontracts Into which it enters 8. 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 In the event that an action is removed to U S District Court, venue shall be in the Western District of Washington 9. 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 employee 10. Inspection. In addition to any rights of access or inspection that may be included in the Special Terms and Conditions, or in any Program Agreement, the Contractor shall provide reasonable access to the Contractor's place of business, Contractor records, and client records, to DSHS and to any authorized agent of the state of Washington or the federal government in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms during the term of this Contract and for one (1) year following termination or expiration of this Contract. 11. Maintenance of Records. The Contractor shall maintain records relating to this contract and the performance of the services described herein, including but not limited to accounting procedures and DSHS Central Contract Services 6012XF Custom Client Service Contract(9-26-06) Page 3 DSHS General Terms and Conditions 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 At no additional cost, these records shall be subject at all reasonable times to inspection, review or audit by the department, personnel duly authorized by the department, the Office of the State Auditor, and any federal and state officials so authorized by law, regulation or agreement. 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 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 agreement or any Program Agreement, the Inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. 13. Severability. If any term or condition of this Contract is held Invalid by any court, such Invalidity shall not affect the validity of the other terms or conditions of this Contract 14. Survivability. The terms and conditions contained in this Agreement 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, Confidentiality, 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 DSHS relied upon to establish this Agreement or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Agreement 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 DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS Additional General Terms and Conditions— Client Service Contracts: 17. Advance Payment DSHS shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Contract 18. 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 19. 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 DSHS client with whom the Contractor has contact 20. Indemnification and Hold Harmless. DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 4 DSHS General Terms and Conditions a. The Contractor shall be responsible for and shall Indemnify, defend, and hold DSHS harmless from all claims, loss, liability, damages, or fines 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 b. 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 21. Industrial Insurance Coverage The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance If the Contractor falls to provide industrial Insurance coverage or falls to pay premiums or penalties on behalf of Its employees, as may be required by law, DSHS may collect from the Contractor the full amount payable to the Industrial Insurance accident fund DSHS may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by DSHS 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 22. Notice of Overpayment. If the Contractor receives a vendor overpayment notice or a letter communicating the existence of an overpayment from DSHS, the Contractor may protest the overpayment determination by requesting an adjudicative proceeding The Contractor's request for an adjudicative proceeding must a 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, b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request; c Include a statement as to why the Contractor thinks the notice is incorrect, and d. 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 DSHS may charge the Contractor Interest and any costs associated with the collection of this overpayment DSHS 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 DSHS to satisfy the overpayment debt. 23. Ownership of Material Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101 This material includes, but is not limited to books, computer programs, documents, films; pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire", however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license 24. Subcontracting Except as otherwise provided in this Contract, the Contractor shall not subcontract DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 5 DSHS General Terms and Conditions any of the contracted services without the prior approval of DSHS. 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 DSHS' rights or remedies available under this Contract 25. Subrecipients a General. If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 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 OMB Circular A-133 audit requirements into all agreements between the Contractor and Its Subcontractors who are subrecipients, (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation, (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation, and (7) 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 11 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 www otp usdot gov/ocr/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 $500,000 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- (1) Submit to the DSHS contact person the data collection form and reporting package specified in OMB Circular A-133, 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 OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings " c Overpayments If it is determined by DSHS, or during the course of a required audit, that the DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 6 DSHS General Terms and Conditions Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with OMB Circular A-87. 26. Termination for Convenience. DSHS may terminate this Contract in whole or in part when it is in the best Interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice The Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar days' written notice addressed to DSHS at the address listed on page 1 of this Contract 27. 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 DSHS has a reasonable basis to believe that the Contractor has. a Failed to meet or maintain any requirement for contracting with DSHS; b. Failed to protect the health or safety of any DSHS client pursuant to Section 9, Health and Safety, of this Contract, c Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or d. 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. 28. Termination or Expiration Procedure The following terms and conditions apply upon Contract termination or expiration a The Contractor shall cease to perform any services required by this Contract as of the effective date of termination or expiration b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the termination notice c. The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract, or to his or her successor, all DSHS property in the Contractor's possession, including any "works for hire" as described in Section 17, Ownership of Material The Contractor grants DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any DSHS 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 DSHS property within ten (10) calendar days, the Contractor shall be charged with all reasonable costs of recovery, including transportation. d. DSHS 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 e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines necessary to protect DSHS against loss or additional liability. f. The rights and remedies provided to DSHS 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. Unless otherwise provided, the Contractor shall ensure that any adult DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 7 DSHS General Terms and Conditions client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not Interfere with any adult client's ownership, possession, or use of the client's property 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 the Contract, 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 All property purchased or furnished by DSHS for use by the Contractor during this Contract term shall remain with DSHS Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by DSHS under this Contract shall pass to and vest In DSHS The Contractor shall protect, maintain, and Insure all DSHS property in Its possession against loss or damage and shall return DSHS property to DSHS upon Contract termination or expiration APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 8 Special 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 a. "DCS" means Division of Child Support. b "OCSE" means federal Office of Child Support Enforcement 2. Purpose The purpose of this Contract is to. The Contractor will be using federal fiscal year 2006 (FFY 06) Access and Visitation grant funds to support and facilitate non-custodial parent's access to and visitation with their children The federal Office of Support Enforcement (GCSE) grant number is 0601 WASAVP. 3. Statement of Work The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below a. The Contractor must administer their FFY 06 Access and Visitation grant program in compliance with all applicable federal grant instructions, terms and conditions, all applicable Department of Health and Human Services regulations and federal Office of Management and Budget (OMB) circulars The Contractor must maintain a copy of these documents for their records or maintain an internet access to the documents and be familiar with the content of the documents. b Contractor shall provide visitation enforcement which includes monitoring, supervision, and neutral drop-off and pick-up of minor whose parents are separated or divorced c. The Contractor shall collect the required FFY 06 Access and Visitation local service provider data for each party that receives Access and Visitation grant services through their programs d The Contractor shall submit the required FFY 06 Access and Visitation local service provider data quarterly to DCS for review and approval All of the quarterly reports must be mailed to the DSHS contact on page one (1) of this contract The first quarterly report is January 31, 2007 The second quarterly report is due April 30, 2007 The third quarterly report is due July 31, 2007. The fourth and final report is due October 31, 2007 e. The Contractor shall work with DCS to complete all necessary OCSE fiscal and project summary reports 4. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of $40,830 00, including any and all expenses, and shall be based on the following a. The maximum amount of federal Access and Visitation grant funds shall be $36,747 00 The maximum amount of state funds is $0 00 The maximum amount of local match funds or in-kind contributions shall be $4,083 00 b. DSHS shall pay the Contractor $105 00 per hour for supervised visitation between non-custodial parents and their children c. DSHS shall pay the Contractor $50 00 for each exchange. d. DSHS shall pay the Contractor $25 00 for each intake, case set up, and scheduling of visitation services performed by the Contractor DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 9 Special Terms and Conditions e. Federal Access and Visitation grant funds are to be expended only to establish and administer the Contractors and subcontractors Access and Visitation grant protect. f. The Contractor must refund to DSHS any federal Access and Visitation grant funds paid to the Contractor which are disallowed by state or federal auditors 5. Billing and Payment a. Invoice System The Contractor shall submit monthly invoices using State Form A-19 Invoice Voucher, or such other form as designated by DSHS Consideration for services rendered shall be payable upon receipt of properly completed Invoices which shall be submitted to the DSHS contact listed on page one of this Contract The Invoices shall describe and document to DSHS' satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees The rates shall be in accordance with those set forth in Section 4, Consideration, of this Contract b. The Contractor shall submit with their monthly invoice a local match certification DCS shall provide a copy of the local match certification to the Contractor. c. The invoice voucher with original authorized signature shall be submitted to: Division of Child Support Access & Visitation Program Manager PO Box 9162 Olympia WA 98507-9162 d. Payment Payment shall be considered timely if made by DSHS within thirty (30) days after receipt and acceptance by the DSHS contact of the properly completed invoices Payment shall be sent to the address designated by the Contractor on page one of this Contract DSHS 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 this Contract e. All invoices must be received by DCS no later than November 30, 2007. f. If the Contractor does not timely submit all reports as set forth in Section 3 Statement of Work, DSHS shall withhold all payment for services provided under this Contract until such time that the reports have been submitted to and approved by DCS. 6. Insurance The Contractor shall at all times comply with the following insurance requirements. a. General Liability Insurance The Contractor shall maintain Commercial General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits Each Occurrence - $1,000,000, General Aggregate - $2,000,000 The policy shall include liability arising out of premises, operations, independent contractors, products- completed operations, personal injury, advertising injury, and liability assumed under an insured contract The State of Washington, Department of Social & Health Services (DSHS), and elected and appointed officials, agents, and employees of the state, shall be named as additional insureds. DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 10 Special Terms and Conditions b. Business Automobile Liability Insurance The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport clients, Including vehicles hired by the Contractor or owned by the Contractor's employees, volunteers or others, with the following minimum limits $1,000,000 per accident combined single limit The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as an Additional Insured c Worker's Compensation The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and regulations The State of Washington and DSHS shall not be held responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or Its employees under such laws and regulations d. Employees and Volunteers Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor's employees and volunteers In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile Insurance and current driver's licenses e. Subcontractors The Contractor shall ensure that all subcontractors have and maintain Insurance with the same types and limits of coverage as required of the Contractor under the Contract f Separation of Insureds All Insurance policies shall Include coverage for cross liability and contain a "Separation of Insureds" provision g. Insurers The Contractor shall obtain insurance from Insurance companies identified as an admitted Insurer/carrier In the State of Washington, with a Best's Reports' rating of B++, Class VI I, or better Surplus Lines Insurance companies will have a rating of A-, Class VII, or better h Evidence of Coverage The Contractor shall submit Certificates of Insurance to the DSHS point of contact located on page one of the contract for each coverage required of the Contractor under the Contract The Certificate shall Identify the DSHS Central Contract Services, P O Box 45811, Olympia, Washington 98504- 5811 as Certificate Holder. A duly authorized representative of each Insurer, showing compliance with the Insurance requirements specified In this Contract, shall execute each Certificate of Insurance The Contractor Is not required to submit to DSHS copies of Certificates of Insurance for personal automobile insurance required of the Contractor's employees and volunteers under the contract DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 11 Special Terms and Conditions The Contractor shall maintain copies of Certificates of Insurance for each subcontractor as evidence that each subcontractor maintains Insurance as required by the Contract i Material Changes d advance The Insurer shall glue DSHS Central Contract Services 45 days written notice of cancellation or non-renewal If cancellation is due to non-payment of premium, the insurer shall give DSHS 10 days advance written notice of cancellation j. General By requiring insurance, the State of Washington and DSHS do not represent that the coverage and limits specified will be adequate to protect the Contractor Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor's liability under the indemnities and reimbursements granted to the State and DSHS in this Contract All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State The Contractor waives all rights against the State of Washington and DSHS for the recovery of damages to the extent they are covered by insurance 7. Disputes Either party may submit a request for resolution of a contract dispute (rates set by law, regulation, or DSHS policy are not disputable) The requesting party shall submit a written statement identifying the issue(s) in dispute and the relative positions of the parties A request for a dispute resolution must include the Contractor's name, address, and contract number, and be mailed to the address listed below within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue in dispute. DSHS/Economic Services Administration Attn Contract Compliance and Analysis Unit P O Box 45445 Olympia, WA 98504-5445 DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 12