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Home My WebLink AboutPK07-165 - Original - WA Dept of Social & Health Services - Safe Havens Visitation Center - 01/15/2007 Records Management 0000�KENT Document WA9HINGTOM 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 you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name./ Vs /V6r 6�r. / Vendor Number: JD Edwards umber Contract Number: This Is assigned by Mary Simmons Description i Detail: U/sum 4!' rL''f.S Project Name: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: !' Abstract: / S Public\RecordsManagement\Forms\Contractcover\ADCL7832 07/02 DSHS INTERLOCAL AGREEMENT 0764-1Agreement079Number 0764-11079 SAFE HAVENS VISITATION CENTER This Agreement is by and between the State of Washington Department 150 am Contract Number of Social and Health Services DSHS and the Contractor identified Contractor ctor Contract Number below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39 34 RCW. CONTRACTOR NAME CONTRACTOR doing business as(DBA) C dy 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-MAILADDRESS Katherin Johnson 253 856-5073 Ext ) - DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE ALL All Divisions I 2000LC-64 DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Maureen Kelly PO Box45710 Program Manager Olympia,WA 98504 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 360 902-7901 360 902-7903 1keIm3Q0adshswaqov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 01/15/2007 1 50000 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ❑ Exhibits(specify): ® No Exhibits The terms and conditions of this Agreement 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 Agreement, between the parties The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement This Agreement shall be binding on DSHS only upon signature by DSHS CONT SIGNATURE PRINTED NAME AND TIT DATE SIGNED Z OO "B O D S G TUR INTE tUCI iTIb1h Contracts Niana DATE SIGNED DSHS, Chili rec'S Atlm rl6stration l Q p DSHS Central Contract Sel 6015LF Custom Interlocal Agreement(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 Usic leg wa gov/. i. "Regulation"means any federal, state, or local regulation, rule, or ordinance. I. "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 subrecrpient 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 //sic 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 6015LF Custom Interiocal Agreement(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 6015LF Custom Interlocal Agreement(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— Interlocal Agreements: 17. Disputes Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board The members so appointed shall jointly appoint an additional member to the Dispute Board The Dispute Board shall review the facts,Agreement terms, and applicable statutes and rules and make a determination of the dispute As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17 330, in which event the Governor's process shall control Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties 18. Hold Harmless a The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's,or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor DSHS shall be responsible for and shall hold the Contractor harmless from all DSHS Central Contract Services 6015LF Custom Interlocal Agreement(9-20-06) Page 4 DSHS General Terms and Conditions claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement 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. 19. 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 20. 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 Vl 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 www oip usdoi 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 auditor a program-specific audit for that fiscal year Upon completion of each audit, the Contractor shall- DSHS Central Contract Services 6015LF Custom Interlocal Agreement(9-28-06) Page 5 DSHS General Terms and Conditions (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 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 21. Termination. a. Default If for any cause, either party falls to fulfill Its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained In this Agreement, then the aggrieved party will give the other party written notice of such failure or violation The responsible party will be given 15 working days to correct the violation or failure If the failure or violation is not corrected, this Agreement may be terminated Immediately by written notice from the aggrieved party to the other party. b Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days'written notice to the other party c. Payment for Performance If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs Incurred in accordance with the terms of this Agreement and prior to the effective date of termination 22. Treatment of Client Property 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 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. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL DSHS Central Contract Services 6015LF Custom Interlocal Agreement(9-26-06) Page 6 Special Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Interlocal Agreement,shall each have the following definitions a. "Agreement" means this Interlocal Agreement, including all documents attached or incorporated by reference. b. "CA" means Children's Administration and its employees and authorized agents. 2. Purpose The purpose of this Agreement is to provide one-time funding to the City of Kent, as authorized by budget proviso for FY07 under ESSB 6386, for supervised visitation and safe exchange services to be provided by the Safe Havens Visitation Center in Kent to families impacted by domestic violence, sexual assault,child abuse, and stalking. 3. Statement of Work The City of Kent as Contractor shall provide services under this Agreement as follows: a. The Contractor shall ensure that funds payable under this Agreement will be used to provide supervised visitation and safe exchange services for families impacted by domestic violence, sexual assault,child abuse, and stalking Funds shall not be used by the City of Kent for policy development and outreach b. The Contractor shall provide such services to families through the Safe Havens Visitation Center in Kent The Safe Havens Visitation Center is a supervised visitation and safe exchange center for families impacted by domestic violence, sexual assault,child abuse, and stalking The mission of the Safe Havens Visitation Center is to provide a culturally sensitive,safe and accessible supervised visitation and exchange program to families affected by intimate partner violence and abuse All policies and procedures of the Safe Havens Visitation Center have been designed to increase safety for the victim and child and decrease opportunities for continued abuse c. Through the Safe Havens Visitation Center,the Contractor shall provide such services to 8 families, with approximately 48 hours of service for each family Services shall include: (1) Intake of relevant family history and other information for services(approximately 15 hours per family), (2) Child Orientations (approximately 5 hours per family); (3) Supervised visits and/or exchanges (visits are generally 1 hour per week with an additional .75 hours pre/post wait/debrief time and exchanges use .5 hours per occurrence), (4) Regular case consults and related documentation (average of approximately 5 - 75 hours per week, per case). All services listed above shall be performed by a trained supervised visitation monitor and/or the visitation center program supervisor employed by the City of Kent d. Reports The Contractor shall provide progress reports regarding the above activities to the DSHS Contact listed on page 1 of this Agreement The reports shall be completed and submitted to DSHS Central Contract Services 6015LF Custom Interlocal Agreement(9-26-06) Page 7 Special Terms and Conditions DSHS using a form as prescribed by DSHS to be provided following execution of this Agreement. The reports shall be submitted in accordance with the following schedule- Quarter Reporting Period Due Date 1 01/01/07—03/31/07 04/15/07 2 04/01/07—06/30/07 07/15/07 4. Consideration Maximum Agreement Amount. The maximum amount of total compensation payable to the Contractor for satisfactory performance of the work under this Agreement is the amount of$50,000 as stated on page 1 of this Agreement under"Maximum Agreement Amount,"and Is based on the following Fundin The operative budget proviso for FY07 contained in ESSB 6386. PL provided one-time funding for the Safe Havens Visitation Center in Kent to provide supervised visitation and safe exchange services as follows under ESSB 6386, section 202 Subsection(15) $50,000 of the general fund—state appropriation for fiscal year 2007 Is provided solely for the supervised visitation and safe exchange center In Kent The department shall not retain any portion for administrative purposes 5. Billing and Payment a. The Contractor shall submit at least quarterly, and not more often than monthly, invoices for services performed as described In this Agreement on State of Washington Invoice Voucher forms (Form A-19), prepared in the manner prescribed by DSHS b. The voucher shall clearly indicate that it is "FOR SERVICES RENDERED IN PERFORMANCE UNDER DSHS AGREEMENT NO.0764-11079 FOR THE MONTH(S) OF _, 2007" c The A-19 invoice vouchers shall be submitted to Maureen Kelly, Program Manager Children's Administration PO Box 45710 Olympia,WA 98504-5710 d. The Contractor shall contact the above Program Manager at (360) 902-7901 concerning billing questions. e. DSHS may withhold payment to the Contractor if reports required under this Agreement are not submitted within 10 working days of the due date,or are incomplete. f DS HS 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 Agreement g. Claims for payment must be received by DSHS no later than sixty(60) days from the date services were rendered h. DSHS shall make payment within thirty(30) days of receipt of a properly completed invoice for services DSHS Central Contract Servnces 6015LF Custom Interlocal Agreement(9-28-06) Page 8 r Special Terms and Conditions 6. Payment Only for Authorized Services DSHS shall pay the Contractor only for authorized services provided in accordance with this Agreement If this Agreement Is terminated for any reason, DSHS shall pay only for services authorized and provided through the date of termination 7. Funding Stipulations a. Duplicate Billing The Contractor must not bill other funding sources for services rendered under this Agreement 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 Agreement, 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 Agreement as match toward federal funds without the prior written permission of DSHS 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 Agreement. 8. Recovery of Fees for Noncompliance In the event the Contractor bills for services provided and is paid fees for services that DSHS later finds were either(a) not delivered or (b) not delivered in accordance with applicable standards or the requirements of this Agreement, DSHS shall have the right to recover the fees for those services from the Contractor, and the Contractor shall fully cooperate during the recovery process 9. Prohibition of Use of Funds for Lobbying Activities The Contractor, shall not use funds payable under the Agreement for lobbying activities of any nature The Contractor certifies that no state or federal funds payable under this Agreement 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 Agreement,at the sole discretion of DSHS, and shall subject Contractor to such monetary and other penalties as may be provided by law 10. Administrative Records The Contractor shall retain all fiscal records that substantiate all costs charged to DSHS under this Agreement 11. Auditing and Monitoring DSHS may schedule monitoring visits with the Contractor to evaluate performance of services. The Contractor shall provide at no further cost to DSHS reasonable access to all service-related records and materials, Including financial records in support of billings, and records of staff time DSHS Central Contract Services 6015LF Custom Interlocal Agreement(9-28-06) Page 9 Special Terms and Conditions 12. Insurance. For purposes of this Agreement. Each Party to this Agreement certifies that It Is self-insured under the state of Washington self- Insurance liability program, as provided by RCW 4 92 130, and shall pay for losses for which It Is found liable. DSHS Central Contract Sermces 6015LF Custom Interlocal Agreement(9-28-06) Page 10 a a