HomeMy WebLinkAboutPD17-377 - Original - DSHS Childrens Administration - 2017 Human Trafficking Victim Advocate - 06/27/2017 Kecor d s
ENT
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 you have questions, please contact City Clerk's Office.
Vendor, Name: DSHS - Childrens Administration
Vendor Number: N00048
]D Edwards Number
Contract Number: Fini - -�1-1
This is assigned by City Clerk's Office
Project Name: 2017 Human Trafficking Victim Advocate with KYFS
Description: X Interlocal Agreement ❑ Change Order El Amendment Contract
❑ Other:
Contract Effective date: 7/3/2617 Termination Date: 6/30/2017
Contract Renewal Notice (Days): N A
Number of days required notice for termination or renewal or amendment
Contract Manager: Sara Wood Department: Police
Contract Amount: $50,000
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This contract provides fundung to Ken ...
...
__. _. _ . ..
victim advocate for human trafficking victims Kent PD comes into contact with. KYFS will
invoice Kent PD monthly for reimbursement using funds from this agreement/grant.
As of; 08/27/14
INTERLOCAL AGREEMENT 1764 94996 Agreement Number:
1764-94996
S�ASERVICFS��SER CSEC Taskforce Support
This Agreement is by and between the State of Washington Department Program Contract Number.
of Social and Health Services DSHS and the Contractor identified C501-
Contractor Contrail Number.
below, and is issued pursuant to the Interlocal Cooperation Act, chapter
39.34 RCW.
CONTRACTOR NAME CONTRACTOR doing business as(DBA)
City of Kent
CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
BUSINESS IDENTIFIER(UBI)
220 4th Ave South
Kent,WA 98032-5895 173-000-002 22475
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Ken Thomas 253 856-5883 253 856-6802 kthomas@kentwa.gov
DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE
Childrens Administration Finance and Operations Support 2000LC-64
DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS
Rachel Denney 1115 Washington St SE
Contract Manager
Olympia, WA Click here to enter text.
DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS
360 902-8195 Click here to enter text, rachel.denney@dshs.wa.gov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? I CFDA NUMBER(S)
No
__._._...... ..
AGREEMENT START DATE AGREEMENT ENO DATE MAXIMUM AGREEMENT AMOUNT
06/27/2017 06/30/2018 1 $50,000.00
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
® Exhibits(specify): Exhibit A- Data Security Requirements Exhibit B-Statement of Work; Exhibit C-Prog ram
Requirements
❑ 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 s1qnaWM by DSHS.
CO I SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
-ek ��e h !
D RE PRINTED NAME AND TITLE c�TE S ED
pgl.tRaW 00VII11- s Adrrrinistr'� 7� � l
DSHS Central Contract Services
6015LF Custom Interlocal Agreement(5-30-09) Pagel
DSHS General Terns 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. "Confidential Information"or"Data'means information that is exempt from disclosure to the public
or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential
Information includes, but is not limited to, Personal Information.
c. "Contract"or"Agreement' means the entire written agreement between DSHS 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.
d. "CCLS Chief" means the manager, or successor, of Central Contracts and Legal Services or
successor section or office.
e. "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.
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. "DSHS°or the"Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
h. "Encrypt" means to encode Confidential Information into a format that can only be read by those
possessing a"key"; a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 128 bits.
i. "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.
j. "Physically Secure"means that access is restricted through physical means to authorized
individuals only.
k. "Program Agreement'means an agreement between the Contractor and DSHS containing special
terms and condition incudin� a statement of work to be performed by the Contractor and payment
to be made by DSH "
I. "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/.
m. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
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n. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential Information have access_ Secured Areas may include buildings, rooms or locked
storage containers (such as a filing cabinet)within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
o. "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.
p. "Tracking"means a record keeping system that identifies when the sender begins delivery of
Confidential Information to the authorized and intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. "Trusted Systems' include only the following methods of physical delivery: (1) hand-delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Postal Service ("USPS")first class mail, or USPS delivery services that
include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery
services (e.g. FedEx, UPS, DHQ which offer tracking and receipt confirmation;and (4)the
Washington State Campus mail system. For electronic transmission, the Washington State
Governmental Network(SGN) is a Trusted System for communications within that Network.
r. "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 hfpJ/apps.leg.wa.govAvact.
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 DSHS.
4. Billing Umitations.
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 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.
S. Confidentiality.
a. The Contractor shall not use, publish,transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
Contractor's performance of the services contemplated hereunder, except:
DSHS Central Contract services
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(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person or personal
representative of the person who is the subject of the Personal Information.
b. The Contractor shall protect and maintain all Confidential Information gained by reason of this
Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures,which include restricting access to the
Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view the
Confidential Information.
(2) Physically Securing any computers, documents, or other media containing the Confidential
Information.
(3) Ensure the security of Confidential Information transmitted via fax(facsimile) by:
(a) Verifying the recipient phone number to prevent accidental transmittal of Confidential
Information to unauthorized persons.
(b) Communicating with the intended recipient before transmission to ensure that the fax will be
received only by an authorized person.
(c) Verifying after transmittal that the fax was received by the intended recipient.
(4) When transporting six(6) or more records containing Confidential Information, outside a
Secured Area, do one or more of the following as appropriate:
(a) Use a Trusted System.
(b) Encrypt the Confidential Information, including:
i. Encrypting email and/or email attachments which contain the Confidential Information.
ii. Encrypting Confidential Information when it is stoned on portable devices or media,
including but not limited to laptop computers and flash memory devices.
Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this
item, 6.b.(4),is superseded by the language contained in the Exhibit
(5) Send paper documents containing Confidential Information via a Trusted System.
(6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this
contract.
c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential
Information shall be returned to DSHS or Contractor shall certify in writing that they employed a
DSHS approved method to destroy the information. Contractor may obtain information regarding
approved destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents with Confidential Information may be recycled through a contracted firm, provided
the contract with the recycler specifies that the confidentiality of information will be protected, and
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60151F Cud=Interlocal Agreement(6-30-09) Page 4
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the information destroyed through the recycling process. Paper documents containing Confidential
Information requiring special handling(e.g. protected health information) must be destroyed on-site
through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
Confidential Information must be reported to the DSHS Contact designated on the contract within
one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or 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 (Debarred).The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
a. Governing taw 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.
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 officer or employee.
10. Inspection.The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located. These inspection rights are intended to allow DSHS 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.
11. 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.
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
Conditions. Terms or conditions that are more restrictive, speck, 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
DSHS Central Contract Ser ioas
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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;
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.
16. Contract Renegotiation, Suspension, or Termination Due to Change in Funding.
If the funds DSHS 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, after the effective date of
this contract but prior to the normal completion of this Contract or Program Agreement:
a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised
funding conditions.
b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS
determines that there is reasonable likelihood that the funding insufficiency may be resolved in a
timeframe that would allow Contractor's performance to be resumed prior to the normal completion
date of this contract.
(1) During the period of suspension of performance,each party will inform the other of any
conditions that may reasonably affect the potential for resumption of performance.
(2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written
notice to resume performance. Upon the receipt of this notice, Contractor will provide written
notice to DSHS informing DSHS whether it can resume performance and, if so, the date of
resumption. For purposes of this subsubsection, 'written notice" may include email.
(3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date
cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor.
The parties agree that the Contract will be terminated retroactive to the date of the notice of
suspension. DSHS shall be liable only for payment in accordance with the terms of this
Contract for services rendered prior to the retroactive date of termination.
c. DSHS 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. DSHS shall be liable
only for payment in accordance with the terms of this Contract for services rendered prior to the
effective date of termination. No penalty shall accrue to DSHS in the event the termination option in
this section is exercised.
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 CCLS Chief 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. Both DSHS and the Contractor("Parties') agree to work in good faith to resolve all conflicts
at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve,
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DSHS General Terms and Conditions
through direct informal contact, any dispute concerning the interpretation, application, or
implementation of any section of this Agreement, either Party may reduce its description of the dispute
in writing, and deliver it to the other Party for consideration. Once received,the assigned managers or
designees of each Party will work to informally and amicably resolve the issue within five(5) business
days. If managers or designees are unable to come to a mutually acceptable decision within five (5)
business days, they may agree to issue an extension to allow for more time.
If the dispute cannot be resolved by the managers or designees,the issue will be referred through each
Agency's respective operational protocols, to the Secretary of DSHS('Secretary") and the Contractor's
Agency Head (°Agency Head") or their deputies or designated delegates. Both Parties will be
responsible for submitting all relevant documentation, along with a short statement as to how they
believe the dispute should be settled, to the Secretary and Agency Head.
Upon receipt of the referral and relevant documentation,the Secretary and Agency Head will confer to
consider the potential options of resolution, and to arrive at a decision within fifteen(15) business days.
The Secretary and Agency Head may appoint a review team, a facilitator,or both,to assist in the
resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually
acceptable decision within fifteen(15) business days, they may agree to issue an extension to allow for
more time.
The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If
the Agreement is active at the time of resolution, the Parties will execute an amendment or change
order to incorporate the final decision into the Agreement.The decision will be final and binding as to
the matter reviewed and the dispute shall be settled in accordance with the terms of the decision.
If the Secretary and Agency Head are unable to come to a mutually acceptable decision,the Parties
will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ
whatever dispute resolution methods that the governor deems appropriate in resolving the dispute.
Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without
delay to carry out all respective responsibilities under this Agreement that are not affected by the
dispute.
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
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
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DSHS General Terms and Conditions
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 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, 2B C.F.R. Part 42,
Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usda.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$750,000 or more in
federal awards from any and/or all sources in any fiscal year,the Contractor shall procure and pay
for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the DSHS 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 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 2 CFR Part 200.
21. Termination.
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a. Default. If for any cause, either party fails 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 Interiocal Agreement for any other reason by
providing 30 calendar days'written notice to the other party.
c. Payment for Performance. If this Interiocal Agreement is terminated for any reason, DSHS shall
only pay for performance rendered or costs insured 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.
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Special Terms and Conditions
1. Definitions Speck to Special Terms. The words and phrases listed below, as used in this
Agreement, shall each have the following definitions:
a. "CA" means Children's Administration, which is an Administration within DSHS.
b. "Child° or"Youth" means any un-emancipated individual who is under the chronological age of 18
years, and are terms used interchangeably throughout this Agreement. Youth enrolled in high
school or a high school completion program is included in this definition until completion of high
school or age 21, whichever occurs first.
c. "Child Abuse or Neglect" (CA/N) means the injury, sexual abuse, sexual exploitation, negligent
treatment, or maltreatment of a child under circumstances,which indicate that the child's health,
welfare, or safety is harmed.An abused child is a child who has been subjected to child abuse or
neglect.
d. "Compliance Agreement" means a written plan approved by DSHS which identifies deficiencies in
Contractor's performance, describes the steps Contractor must take to correct the deficiencies, and
sets forth timeframes within which such steps must be taken to return Contractor to compliance with
the terms of the Agreement.
e. "Confidential Information° or"Data'means information that is exempt from disclosure to the public
or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential
Information includes, but is not limited to, Personal Information.
f. "Contract"or"Agreement"means the entire written agreement between DSHS and the Contractor,
including any Exhibits, documents, or materials incorporated by reference. The parties may
execute this agreement in multiple counterparts, each of which is deemed an original and all of
which constitute only on agreement. E-mail or Facsimile transmission of a signed copy of this
agreement shall be the same as delivery of an original.
g. "CSEC" means Commercially Sexually Exploited Children.
h. "DSHS" or the"Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
i_ 'Encrypt" means to encode Confidential Information into a format that can only be read by those
possessing a"key password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 128 bits.
j. "FTE" means Full Time Equivalent and/or Full Time Employee.
k. "Hardened Password"means a string of at least eight characters containing at least one alphabetic
character, at least one number and at least one special character such as an asterisk, ampersand
or exclamation point.
I. "Security Incident Response" means the steps taken to respond to a beach of confidential data.
m. "Taskforce' means a multidisciplinary group of community social service agencies acting in concert
with local or county governments.
n. "User ID" means a string of characters that identifies a speck user and which, in conjunction with a
password, passphrase or other mechanism, authenticates a user to an information system.
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Special Terms and Conditions
2. Purpose. The purpose of this Agreement is to provide support to CSEC taskforce agencies that
identify, address, and provide appropriate services to children/youth who are at risk of or have been
commercially sexually exploited.
3. Data Security Requirements--Exhibit A. The Contractor shall protect, segregate, and dispose of
data from Children's Administration as described in Exhibit A, as required in the Section below entitled
Secure Management of Confidential Information.
4. Statement of Work-Exhibit B. The Contractor shall provide services and staff as described in the
Statement of Work attached as Exhibit B.
S. Program Requirements-Exhibit C. The Contractor shall comply with all program and other
requirements for providing services under this Agreement, as stated in the Program Requirements
attached as Exhibit C.
6. Consideration
a. Maximum Contract Amount. The maximum amount of total consideration payable to the Contractor
for satisfactory performance of ALL services to be provided under this Agreement is the total
amount of$50,000 as stated on page 1 of this Agreement under"Maximum Contract Amount"
b. Payment schedule of funds is as follows:
(1) $20,000 payable by June 30, 2017
(2) $30,000 payable after receipt of first quarterly report due October 16, 2017
c. Funds shall be used for service delivery as described in Exhibit B, Statement of Work and not
allocated for FIFE use.
d. Funds Payable by Contract Period. The maximum amount payable under the Agreement during
the term of this Agreement is allotted to the following time period.
Contract period: From June 27, 2017 to June 30, 2018
e. Allotted funds not expended during the period ending June 30, 2018 shall not be carried forward
into any subsequent contract period.
7. Billing and Payment
The Contractor shall submit a monthly invoice for services performed under this Agreement on State of
Washington Invoice Voucher forms (Form A-19), prepared in the manner prescribed by DSHS_
a. The voucher shall clearly indicate that it is "FOR SERVICES RENDERED IN PERFORMANCE
UNDER DSHS AGREEMENT NO. FOR THE MONTH OF , 20 "
b. The A-19 invoice vouchers shall be submitted to:
Dae Shogren, CSEC/Disproportionality/LGBTQ Program Manager
DSHS/Children's Administration
PO Box 45710
Olympia,WA 98504
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Special Terms and Conditions
c. The Contractor shall contact the above DSHS contact at(360)902-7704 concerning billing
questions.
d. The rates shall be as specified above in the section titled 'Consideration"of this Agreement.
e. The Contractor shall bill for each month of service on a separate Form A-19. The A-19 shall state
the month services were provided.
f. 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 the Agreement.
g. Claims for payment submitted by the Contractor shall be paid by DSHS if received by DSHS no
later than sixty(60)days from the date services were rendered.
h. CA will not be obligated to pay for services submitted more than three(3) months after the calendar
month in which the services were performed.
i. DSHS shall make payment within thirty(30)days of receipt of a properly completed invoice for
services.
j. DSHS may withhold payment to the Contractor if reports required under this Agreement are
delinquent, i.e., not submitted within ten (10)working days of the due date, or incomplete.
8. Secure Management of Confidential Information
The Contractor shall ensure that all Confidential Information(also referred to as Personal
Information)as defined in the General Terms and Conditions Section 1, acquired under this
agreement is used only for the provision of services under this Agreement and is handled with the
utmost confidentiality as described in the General Terms and Conditions, Section 6: Confidentiality. In
addition:
a. The Contractor has permission to use mobile devices under this Agreement and shall ensure that
mobile devices and data are accessed and protected as described in Exhibit A- Data Security
Requirements.
b. Failure to comply with applicable requirements may result in termination of this Agreement.
c. The Contractor shall provide Security Incident Response in accordance with the Provider
Instructions for Breach Situations found within the DSHS CA Security for Providers document,
which can be accessed at: _h_ttps:/fwww.dshs.wa.gov/sites!default/files/CA/cp/documents/Security-
in-Contracts.pdf.
9. 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.
10. Good Faith Efforts
The Contractor shall use diligent good faith efforts to ensure service delivery as described in Exhibit B
Statement of Work.
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Special Terms and Conditions
11. Funding Stipulations
a. Information for Federal Funding. The Contractor shall cooperate in supplying any information to
DSHS that may be needed to determine DSHS or the client's eligibility for federal funding.
b. 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 tills any other funding
sources for services rendered under this Agreement,which would result in duplicate billing to
different funding sources for the same service.
c. 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.
d. Suoolantino. 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.
12. 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
13. 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.
14. Insurance.
a. DSHS certifies that it is self-insured under the State's self-insurance liability program,as provided
by RCW 4.92.130, and shall pay for losses for which it is found liable.
b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box
selected, and signing this Agreement, that:
NThe Contractor is self-insured or insured through a risk pool and shall pay for losses
which it is found liable; or
❑ The Contractor maintains the types and amounts of insurance identified below and
shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance
to that effect to the DSHS contact on page one of this Agreement.
Commercial General Liability Insurance(CGL)—to include coverage for bodily injury, property
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Special Tenors and Conditions
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, DSHS, its elected
and appointed officials, agents, and employees shall be named as additional insureds.
16. Investigations of Contractor or Related Personnel
DSHS may, without prior notice, suspend the Contractor's performance of the Agreement 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 DSHS 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 DSHS, adversely affect the delivery of services under this Agreement or the
health, safety or welfare of DSHS clients.
DSHS 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 DSHS clients, until the investigation
is concluded and a final determination made by the investigating agency.
16. Removal of Individuals from Performing Services
a. In the event that any of Contractor's employees, subcontractors, or volunteers who provide services
under this Agreement do not most qualifications required by this Agreement or do not perform the
services as required in this Agreement, DSHS may require that Contractor assure DSHS that such
individual will not provide services to DSHS clients under this Agreement.
b. DSHS 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 DSHS clients.
Failure to do so may result in a Compliance Agreement and possible suspension or termination of
this Agreement.
17. Compliance Agreement
In the event that DSHS identifies deficiencies in Contractor's performance under this Contract, DSHS
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 Agreement.
18. Resolution of Differences
In the event of any differences between the parties on matters related to the interpretation and
implementation of this Agreement, 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 DSHS Contact person listed on
page 1 of this Agreement.
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Special Terms and Conditions
19. Disputes
a. Either party who has a dispute conceming this Agreement may submit a written request for dispute
resolution. The amount of any rate set by law, regulation, or DSHS 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 agreement 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 Children's Administration's dispute resolution process is available at any time
by written request.
d. Requests for dispute resolution or for a copy of the current Children's Administration's dispute
resolution process should be sent to:
DSHS/Children's Administration
Attention Contracts-Unit
P.O. Box 45710
Olympia, WA 98504-5710
e. This dispute resolution process is the sole administrative remedy available under this Agreement.
20. Brasm Considerations
In the event that Children's Administration should need to include additional requirements relating to
services provided under this Agreement, as part of CA's obligations 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 Agreement, either by an amendment to this Agreement or by a revised agreement
that would replace this Agreement.
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Exhibit A— Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
a. °Authorized User(s)° means an individual or individuals with an authorized business requirement to
access DSHS Confidential Information.
b. "Hardened Password" means a string of at least eight characters containing at least one alphabetic
character, at least one number and at least one special character such as an asterisk, ampersand
or exclamation point.
c. "Unique User ID'means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
2. Data Transport. When transporting DSHS Confidential Information electronically, including via email,
the Data will be protected by:
a. Transporting the Data within the(State Governmental Network) SGN or Contractor's internal
network, or,
b. Encrypting any Data that will be in transit outside the SGN or Contractor's internal network. This
includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following media and
protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID
and Hardened Password or other authentication mechanisms which provide equal or greater
security, such as biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers and made available
through shared folders. Access to the Data will be restricted to Authorized Users through the use of
access control lists which will grant access only after the Authorized User has authenticated to the
network using a Unique User ID and Hardened Password or other authentication mechanisms
which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted
to such servers must be located in an area which is accessible only to authorized personnel, with
access controlled through use of a key, card key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as
long as the disks remain in a Secured Area and otherwise meet the requirements listed in the
above paragraph. Destruction of the Data as outlined in Section 5. Data Disposition may be
deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area.
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c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not be
transported out of a Secured Area. When not in use for the contracted purpose, such discs must be
locked in a drawer, cabinet or other container to which only Authorized Users have the key,
combination or mechanism required to access the contents of the container. Workstations which
access DSHS Data on optical discs must be located in an area which is accessible only to
authorized personnel,with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
d. Optical discs(CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be transported
out of a Secured Area. Access to Data on these discs will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is accessible only
to authorized personnel,with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secured Area
which is only accessible to authorized personnel. When not in use, such records must be stored in
a locked container, such as a file cabinet, locking drawer, or safe,to which only authorized persons
have access.
f. Remote Access. Access to and use of the Data over the State Governmental Network(SGN)or
Secure Access Washington (SAW)will be controlled by DSHS staff who will issue authentication
credentials (e.g. a Unique User ID and Hardened Password)to Authorized Users on Contractor
staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an
Authorized User's duties change such that the Authorized User no longer requires access to
perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on
portable devices or media unless specifically authorized within the terms and conditions of the
Contract. If so authorized, the Data shall be given the following protections:
(a) Encrypt the Data with a key length of at least 128 bits
(b) Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics.
(c) Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
Physically Secure the portable device(s) and/or media by
(d) Keeping them in locked storage when not in use
(e) Using check-inlcheck-out procedures when they are shared, and
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(f) Taking frequent inventories
(2) When being transported outside of a Secured Area, portable devices and media with DSHS
Confidential Information must be under the physical control of Contractor staff with authorization
to access the Data.
(3) Portable devices include, but are not limited to; smart phones, tablets, flash memory devices
(e.g. USB flash drives, personal media players), portable hard disks, and
laptop/notebook/netbook computers if those computers may be transported outside of a
Secured Area.
(4) Portable media includes, but is not limited to; optical media(e.g. CDs, DVDs), magnetic media
(e.g.floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC).
h. Data stored for backup purposes.
(1) DSHS data may be stored on portable media as part of a Contractor's existing, documented
backup process for business continuity or disaster recovery purposes. Such storage is
authorized until such time as that media would be reused during the course of normal backup
operations. If backup media is retired while DSHS Confidential Information still exists upon it,
such media will be destroyed at that time In accordance with the disposition requirements in
Section 5. Data Disposition
(2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual
media, etc.) as part of a Contractor's existing, documented backup process for business
continuity or disaster recovery purposes. If so, such media will be protected as otherwise
described in this exhibit. If this media is retired while DSHS Confidential Information still exists
upon it, the data will be destroyed at that time in accordance with the disposition requirements in
Section 5. Data Disposition.
4. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to
ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or
destruction. It also aids in determining whether DSHS Data has or may have been compromised in
the event of a security breach. As such, one or more of the following methods will be used for data
segregation.
b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.)which will contain no
non-DSHS data_ And/or,
c. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder
dedicated to DSHS Data. And/or,
d. DSHS Data will be stored in a database which will contain no non-DSHS data.And/or,
e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the
value of a specific field or fields within database records.
f. When stored as physical paper documents, DSHS Data will be physically segregated from non-
DSHS data in a drawer, folder, or other container.
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g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data,then both the
DSHS Data and the non-DSHS data with which it is commingled must be protected as described in
this exhibit.
S. Data Disposition. When the contracted work has been completed or when no longer needed, except
as noted in Section 3. Protection of Data b. Network Server Disks above, Data shall be returned to
DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of
destruction are as follows:
Data stored on: Will be destroyed by:
Server or workstation hard disks, or Using a`wipe° utility which will overwrite the Data at
least three(3)times using either random or single
Removable media(e.g.floppies, USB flash drives, character data, or
portable hard disks)excluding optical discs
Degaussing sufficiently to ensure that the Data cannot
be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Confidential Recycling through a contracted firm provided the
Information contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential Information On-site shredding, pulping, or incineration
requiring special handling (e.g. protected health
information)
Optical discs(e.g. CDs or DVDs) Incineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Magneto o tape Degaussing, incinerating or crosscut shredding
fi. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)
business day of discovery. If no DSHS Contact is designated in the Contract,then the notification must
be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also
take actions to mitigate the risk of loss and comply with any notification or other requirements imposed
by law or DSHS.
T. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a
subcontractor, the Contract with the subcontractor must include all of the data security provisions within
this Contract and within any amendments, attachments, or exhibits within this Contract. If the
Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub-
Contractor must be submitted to the DSHS Contact specified for this contract for review and approval.
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EXHIBIT B
STATEMENT OF WORK
Commercially Sexually Exploited Children (CSEC) Taskforce Support
ORGANIZATION OF STATEMENT OF WORK
1. Intent of Services
2. Authorization of Services
3. Service Delivery
4. Reports
The Contractor shall ensure that services provider under this Agreement at all times meet the specifications
described in this Statement of Work Exhibit.
1. Intent of Services
The intent of these services is to support CSEC taskforce agencies that identify, address, and provide
appropriate services to children/youth who are at risk or have been commercially sexually exploited.
2. Authorization of Services
All activities delivered under this Agreement will require approval by the Children's Administration (CA)
Headquarters(HQ) Program Manager.
3. Service Delivery
The Contractor will focus on the development of resources for community partners including child
welfare staff, stakeholders, and taskforce members. These activities may include:
a. Training
(1) To identify and assist CSEC;
(2) On best practices for service delivery; and
(3) To increase awareness of State and Federal laws regarding CSEC.
b. Enhance a coordinated, interdisciplinary, victim-centered response to CSEC. Such a coordinated
response could include:
(1) Law Enforcement;
(2) Juvenile Justice;
(3) Child Welfare;
(4) Runaway and Homeless Youth; and
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(5) Behavioral and Physical Health Agencies.
c. Build collaboration, common language, coordination, and information sharing across multiple
systems.
d. Develop community resources.
e. CSEC awareness and resource website development and/or maintenance.
f. Development and/or maintenance of local data base of CSEC served, which may include services
referred to and provided.
g. Emergency funding for basic needs for victims of CSEC.
h. Increase awareness of local agency as community resource for CSEC.
i. Implement community public awareness campaign addressing CSEC.
j. Create a support group for CSEC victims with curriculum for life skills development.
k. Outreach and delivery of prevention programming to middle and high schools.
I. Development and delivery of online search ad campaigns to increase awareness of CSEC.
m. Development and delivery of social media campaigns around CSEC awareness.
n. Development and maintenance of CSEC placement options and coordination of placements for
state dependent children.
o. Individual and ongoing case management for CSEC victims.
p. Assist CSEC victims with contacting family or other support systems.
q. Assis CSEC victims with behavioral and/or drug and alcohol treatment costs.
r. Provide necessary education and training materials about CSEC to taskforce and other partners.
s. Outreach and engage additional members to join CSEC taskforce.
t. Provide training scholarships for community members for CSEC and other relevant areas.
u. Create and provide annual CSEC conference.
4. Reports
The Contractor shall submit all written activity reports and documents to the CA HQ Program Manager,
Dae Shogren, shoarda@dshs.wa.gov. Written reports will be submitted on October 16, 2017, January
16, 2018,April 16, 2018, and July 16, 2018 and will detail the following:
a. Services delivered;
b. Service delivery outcomes;
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c. Impact of CSEC grant efforts;
d. Resources provided; and
e. Number of referrals to services and list of who received those referrals.
Additional Data. CA may request additional measurable service and outcome data for services
provided by the Contractor. In the event CA so requests, CA commits to work with the Contractor to
develop data elements. If so requested,the Contractor agrees to provide data collection in a manner
prescribed by CA.
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EXHIBIT C
PROGRAM REQUIREMENTS
Commercially Sexually Exploited Children (CSEC) Taskforce Support
ORGANIZATION OF PROGRAM REQUIREMENTS
1. Required License in Good Standing
2. Transportation of Children
3. Administrative Records
4. Personnel Records
5. Operating Procedures
S. Background checks
7. Health and Safety of CA Client Children
8. Corporal Punishment Prohibited
9. Smoking Prohibited in Presence of Client Children and Foster Youth
10. Culturally Relevant Services
11. Interpretation and Translation
12. Confidentiality-Additional Requirements
13. Auditing and Monitoring
14. Office of the Family and Children's Ombuds(OFCO)
1. Required License in Good Standing
If the Contractor or any of the Contractor's staff are required to be licensed,certified or registered to
provide any of the services under this Agreement,the required license, certification or registration must
be in good standing at all times during the term of the Agreement.
In the event that a required license, certification or registration is suspended, or has any limitations or
restrictions placed on it, the Contractor shall immediately notify the DSHS contact person listed on page
1 of this agreement.
2. Transportation of Children
The Contractor shall only provide transportation that is safe, reliable, and in conformance with state and
federal safety laws. Specifically, that:
a. Drivers shall be age twenty-one (21) or older, have a current valid driver's license for the
classification of motor vehicle operated, have no history of DWI violations,and have proof of liability
insurance, and successfully pass a DSHS/CA background check;
b. Drivers shall at all times comply with the child passenger restraint requirements of RCW 46.61.687
when transporting children or providing transportation to children served under this Agreement.
Current child passenger restraint requirements may be accessed at hfp://www.800bucklup.org/;
c. Driver and/or other staff accompanying clients in the motor vehicle shall have current first aid and
cardiopulmonary resuscitation (CPR)training;
d. Motor vehicle is maintained in safe operating condition;
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e. Number of passengers does not exceed the seating capacity of the motor vehicle;
f. Motor vehicle is equipped with appropriate safety devices and individual seat belts which shall be
used when the vehicle is in motion;
g. The Contractor shall ensure that no transportation of DSHS clients occurs unless an auto insurance
policy that covers the transportation of DSHS clients is in effect; and
DSHS shall have discretion to disallow any employee, subcontractor, or volunteer of the Contractor
from providing transportation to DSHS clients.
3. Administrative Records
The Contractor shall retain the following administrative records.
a. Standards for monitoring staff for Agreement compliance;
b. Fiscal records that shall substantiate costs charged to DSHS under this Agreement;
c. Documentation of all audits, license reviews, agreement monitoring reports, and corrective action
reports and actions taken.
d. Documentation of all costs associated with service provided under this Agreement.
e. Recruitment policy which demonstrates that Contractor is an equal opportunity employer;
f. Personnel policy reflecting CA policy requirements re°Smoking Prohibited in Presence of Client
Children and Foster Youth;"
g. A copy of any subcontract or other agreement for subcontracted services and the provider's
qualifications;
h. Copy of the Certificate of Insurance for each subcontractor, and
i. Protected group data:
(1) A list of current staff by position that addresses date of birth, sex, and identified protected group
status, including race, Vietnam Era Veteran, Disabled Veteran, and person of disability.
(2) A list of all clients served that addresses date of birth, sex, and race.
When collecting protected groups data, the Contractor shall inform staff and clients that(t) the
furnishing of the information is entirely voluntary, (2) the refusal to furnish the data shall not have
adverse effects.
4. Personnel Records
The Contractor shall retain the following records on(1) all of Contractors staff and employees, whether
full-time or part-time, (2)volunteers, and (3) any subcontractors staff and employees who may have
contact with DSHS clients in performing duties or providing services under this Agreement:
a. DSHS criminal history background checks for all individuals employed or coming into unsupervised
contact with DSHS children;
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b. Any other criminal history background checks;
c. Current license(s), registration(s), or certiflcation(s)to practice in the state of Washington and/or in
the state in which services are provided, as applicable;
d. Proof of degree(s), if required, and transcripts from college or other school awarding any degree(s)
required under this Agreement for service provision;
e. Documentation of academic history, credentials, employment;
f. Job description;
g. Annual performance evaluations;
h. Hours worked and payment records;
i. Proof of driver's license and automobile liability insurance, if staff or subcontractor provides
transportation to DSHS clients;
j. Signed statements to adhere to confidentiality of client information; and
k. Signed statements acknowledging duty to report child maltreatment.
5. Operating Procedures
a. In collaboration with CA,the Contractor shall develop written operating procedures, which set forth
procedures for the day-to-day operation and conduct of activities under this Agreement. Such
procedures must be in accord and consistent with, and shall not conflict with, the provisions of this
Agreement. The written operating procedures shall address:
(1) Referral procedures;
(2) Communication links(contact persons);
(3) Report and feedback process;
(4) Emergency procedures; and
(5) Organizational policies.
b. The Contractor shall each retain a copy of the written operating procedures.
6. Background Checks
a. This requirement applies to any employees, volunteers and subcontractors who may have
unsupervised access to children served under this Agreement.
b. This requirement does not apply to currently licensed foster parents who are affiliated with the
Contractor. Licensed foster parents are subject to the criminal history background provisions
associated with obtaining and maintaining a current foster license.
c. The Contractor shall ensure a criminal history background check pursuant to RCW 43.43.832,
43.43.834 and 43.20A.710, and WAC 388-06, or successor statutes has been completed through
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DSHS for all current employees, volunteers, and subcontractors, and that a criminal history
background check shall be initiated for all prospective employees, volunteers and subcontractors
who may have unsupervised access to children served under this agreement.
d. The Contractor shall assist in obtaining additional state or national criminal history and/or child
abuse/neglect history, if requested by DSHS.
e. The Contractor shall ensure that no employee, volunteer or subcontractor, including those
provisionally hired pursuant to RCW 43.43.832(7), or successor statute, has unsupervised access
to children served under this agreement, until a full and satisfactory background check is completed
and documentation, qualifying the individual for unsupervised access, is returned to the Contractor.
7. Health and Safety of CA Client Children
a. If the Contractor determines that there are additional health and safety concerns, suspected
substance abuse, or other presenting problems which were not stated in the CA referral, the
Contractor shall immediately report this information to the referring CA Social Service Specialist
and, if appropriate to CPS Intake. The Contractor shall follow such verbal notification by written
notification within twenty-four(24) hours to the CA Social Service Specialist and to CPS Intake.
b. Contractors are mandated reporters under chapter 26.44.030 RCW. The Contractor shall
immediately report all instances of suspected child abuse and neglect to (1) Child Protective
Services (CPS) Intake and (2)the referring CA Social Service Specialist. The Contractor shall
follow verbal notification by written notification within twenty-four(24) hours to the CA Social
Service Specialist and to CPS Intake.
c. CPS Intake shall make the determination of whether the referral constitutes an allegation of child
abuse or neglect that shall be accepted for investigation, as a possible licensing compliance issue,
or as a matter of"information only".
d. Written notification required by the Contractor shall include notification by e-mail or by fax.
8. Corporal Punishment Prohibited
Corporal punishment of children in DSHS' care or custody is prohibited. Corporal punishment is any
act which willfully inflicts or causes the infliction of physical pain on a child. The Contractor, and the
Contractor's agents and employees, shall not administer corporal punishment to children served under
this Agreement.
9, Smoking Prohibited in Presence of Client Children and Foster Youth
Smoking in the presence of client children, including the use of e-cigarettes, is prohibited. This
prohibition extends to, but is not limited to,the following circumstances:
a. When transporting client children under age eighteen (18) and foster youth eighteen (18)to twenty-
one(21)years of age;
b. When there is direct contact with client children under age eighteen (18)and foster youth eighteen
(18)to twenty-one (21) years of age, such as talking with a child or accompanying a child, even
when in a public place where smoking may otherwise be permitted.
10. Culturally Relevant Services
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The Contractor shall provide appropriate, accessible, and culturally relevant services to clients and their
families. Service delivery shall be culturally competent and responsive to each client's cultural beliefs
and values, ethnic norms, language needs, and individual differences. Contractors are encouraged to
employ a diverse workforce that reflects the diversity of their clientele and the community. The
Contractor shall have a written recruitment policy which demonstrates that the Contractor is an equal
opportunity employer. http://www.dshs.wa.gov/sites/defauittfiles/SESAlodVdocuments/CA-2014.pdf.
11. Interpretation and Translation
a. The Contractor shall provide Limited English Proficient(LEP)clients with certified or otherwise
qualified interpreters and translated documents.
b. The Contractor shall provide deaf, deaf-blind, or hard of hearing clients with the services of a
certified sign language interpreter.
c. Interpreter and translation services shall be provided at no cost to the client. All interpreter and
translation costs shall be the financial responsibility of the Contractor. These costs are included in
the contracted rate.
d. Extraordinary costs, which create an undue hardship for the Contractor in providing interpretation
and/or translation services to an individual client, may be reviewed and addressed for supplemental
reimbursement by the CA HQ Program Manager or designee on a case by case basis.
12. Confidentiality—Additional Requirements
This Agreement imposes the following additional requirements to the section titled Confrdenttial* set
forth as one of the General Terms and Conditions of this Agreement:
a. Consent by Minor. The Contractor shall not use, publish, transfer, sell or otherwise disclose any
Confidential Information of a minor except as provided by law or with the prior written consent of the
minor's parent, legal representative or guardian. If a child is a dependent of Washington State,then
prior written consent must be obtained from DSHS.
b. Encrypted Email Account. The Contractor shall use an encrypted email account for electronic
submissions which contain Confidential, and Personal Information, as defined in the General Terms
and Conditions. Information regarding encrypted email accounts can be obtained at CA's website,
located at: http://www.dshs.wa.aov/ca/iaartners/intro.asp.
13. Auditing and Monitoring
a. If the Contractor is required to have an audit or if an audit is performed, the Contractor shall forward
a copy of the audit report to the DSHS Contact listed on page 1 of this Agreement.
b. If federal or state audit exceptions are made relating to this Agreement, the Contractor must
reimburse the amount of the audit exception, and any other costs including, but not limited to, audit
fees, court costs, and penalty assessments.
c. The Contractor shall be financially responsible for any overpayments by DSHS/CA to the
Contractor. The Contractor shall be financially responsible for any audit disallowances resulting
from a federal or state audit which resulted from an action,omission or failure to act on the part of
the Contractor.
d. DSHS may schedule monitoring visits with the Contractor to evaluate performance of the program.
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e. The Contractor shall provide at no further cost to DSHS reasonable access to all program-related
records and materials, including financial records in support of billings, and records of staff and/or
subcontractor time.
14. Office of the Family and Children's Ombuds(OFCO)
a. The Contractor shall release records relating to services provided to youth that are dependent
under chapter 13.34 RCW to the OFCO. The Contractor can release records for dependent youth
under chapter 13.34 RCW without the consent of a dependent youth's parent or guardian or the
youth if the youth is under the age of thirteen (13)years, unless law otherwise specifically prohibits
such release.
b. The Contractor shall notify the CA headquarters Program Manager when the OFCO makes a
request for records.
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