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Special Terms and Conditions <br />background checks/criminal history clearances for monitoring purposes. <br />b . Sexual Misconduct -13.40.570 RCW (Sexual misconduct by state employees, contractors) states <br />that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact <br />between the employee of a contractor and an offender has occurred, the Secretary shall require the <br />employee of a contractor to be immediately removed from any employment position which would <br />permit the employee to have any access to any offender. <br />By execution of this contract, contractor affirms that contractor, each of its employees, <br />subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW <br />(Sexual misconduct by state employees, contractors) and of the crimes included in 9A.44 RCW <br />(Sex Offenses). <br />In addition, the Secretary shall disqualify for employment with a contractor in any position with <br />access to an offender, any person: <br />(1) Who is found by the department, based on a preponderance of the evidence, to have had <br />sexual intercourse or sexual contact with the offender; or <br />(2) Convicted of any crime specified in chapter 9A.44 RCW (Sex Offenses) when the victim was an <br />offender <br />If any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must <br />demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees, <br />volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender. <br />The contract shall not be renewed unless the Secretary determines significant progress has been <br />made. <br />6. Compliance with DSHS and RA Policies and Standards. <br />a. In addition to the governing Federal and State laws and regulations, the Contractor shall comply <br />with all applicable DSHS and RA Bulletins/Policies . <br />b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance <br />shall prevail. <br />c. Records created or obtained during a youth's stay and/or maintained as a part of the youth's case <br />files are JR juvenile records, and subject to the same confidentiality guidelines established in <br />statute, to include but not be limited to, RCW13.40. DSHS shall have access to all records related <br />to a JR youth upon request. <br />7. Federal Prison Rape Elimination Act. <br />In accordance with the Federal Prison Rape Elimination Act (PREA) of 2003, 28 CFR Part 115, <br />http://www.oip.usdol .gov/programslpdfslprea final rule: pdf <br />Subpart A, the Contractor shall: <br />a. Adopt and be in compliance with the PREA standards for preventing, detecting and responding to <br />sexual misconduct in adult prisons and jail. <br />b. Provide the RA contract monitoring to ensure that the contractor is in compliance with the PREA <br />standards. <br />8. Billing and Payment. <br />DSHS Central Contract Services <br />5048CF County Program Agreement (11-22-2011) Page 4