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3. Sexual Misconduct <br />a. 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 <br />the employee of a Contractor to be immediately removed from any employment position which <br />would permit the employee to have any access to any offender. <br />b. 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 />c. 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 />d. 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 />4. Subcontractor <br />If the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractor <br />must notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet all <br />the requirements under this Contract. In no event shall the existence of a subcontract release or <br />reduce the liability of the County for any breach of performance. <br />5. Monitoring <br />The County shall assist the JR to perform reviews of sites where services are delivered at regular <br />intervals using agreed upon forms and methods. <br />6. Billing and Payment <br />a. If reports required under this Contract are delinquent, DCYF, JR may stop payment to the <br />Contractor until such required reports are submitted to JR. <br />b. The Contractor agrees to accept this payment as total and complete remuneration for services <br />provided to offenders under this agreement. This does not preclude the Contractor from seeking <br />other funding sources. No indirect costs are allowed. <br />c. The Contractor shall use these funds to supplement, not supplant, the amount of federal, state, and <br />local funds otherwise expended for the services provided under this agreement. <br />d. Under no circumstance shall the Contractor bill twice for the same services. <br />Department of Children, Youth, and Families <br />2072CS County Consolidated Program Agreement 6-20-2019 <br />