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Special Terms & Conditions <br />3. Sexual M isconduct <br />a. Sexual Misconduct - 13.40.570 RCW (Sexual misconduct by state employees, contractors) states <br />that w'hen 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 wtrich <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 knoWedgeable about the requirements of 13.40.570 RCW <br />(Sexual misconduct by state employees, contractors) and of the crimes included in 94.44 RCW <br />(Sex Offenses). <br />c. ln 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 contactwith the offender; or <br />Departmentof Children, youth, and Families <br />2O72CS County Consolidated program Agreement 6_20_201 9 <br />4 <br />5 <br />6 <br />(2) Convicted of any crime specified in chapter 9A.44 RCW (Sex Offenses) wtren the victim was an <br />offender <br />d. lf 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 contacf with any otfenOer. <br />The Contract shall not be renewed u nless the Secretary determines significant progress has been <br />made. <br />Su bcontractor <br />lf the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractormust notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet allthe requirements under this Contract. ln no event shall the existence of a subcontract release or <br />reduce the liability of the County for any breach of performance. <br />M onitoring <br />The County shall assist the JR to perform reviews of sites where services are delivered at regularintervals using agreed upon forms and methods. <br />Billing and Payme nt <br />a. lf reports required under this Contract are delinquent, DCYF, JR may stop payment to theContractor until such required repods are submitted to JR. <br />b' The Contractor agrees to accept this payment as total and complete remuneration for servicesprovided to offenders under this agreement. This does not preclude the Contractor from seekingother funding sources. No indirect costs are allowed. <br />c' The Contractor shall use these funds to supplement, not supplant, the amount of federal, state, andlocal funds otherwise expended for the seruices provided under this agreement. <br />d' Under no circumstance shall the Contractor bill twice for the same services. <br />11