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Home My WebLink AboutDSHS 18 and older Jail agreementCOUNTY DSHS Agreement Number ~lrr,81"''''~S<"' PROGRAM AGREEMENT 1663-65231 D£PART NT OF S()(:JA~ft~TH 5 VI Jail Services for 18 year & older This Program Agreement is by and between the State of Washington Administration or Division Department of Social and Health Services (DSHS) and the County identified Agreement Number below, and is issued in conjunction with a County and DSHS Agreement On County Agreement Number General Terms and Conditions, which is incorporated by reference. DSHS ADMINISTRATION DSHS DIVISION DSHS INDEX NUMBER DSHS CONTRACT CODE Rehabilitation Administration Division of Community 1225 5000CC-63 Programs DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Barbara Kraemer OB 2 FA5 PO Box 45720 Olympia, VVA 98504 DSHS CONTACT TELEPHONE I DSHS CONTACT FAX I DSHS CONTACT E-MAIL (360)902-0765 (360)902-8108 kraembj@dshs.wa.gov COUNTY NAME COUNTY ADDRESS Kittitas County 205 VV 5th Ave Ste1 Jail Kittitas Co. Sheriffs Office Ellensburg, VVA 98926 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Paula Hoctor COUNTY CONTACT TELEPHONE I COUNTY CONTACT FAX I COUNTY CONTACT E-MAIL (509) 962-7617 (509) 962-7037 paula.hoctor@co.kittitas.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? No PROGRAM AGREEMENT START DATE I PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07101/2016 06/30/2018 $40,000.00 EXHIBITS. VVhen the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: [gI Exhibits (specify): No Data Security Exhibit; Exhibit A: Statement of Work -Jail Services for Youth 18 years and Older Committed to the RA. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and commun ications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DSHS only upon signature by DSHS . COUNTY SIGNATURE(S) PRINTED NAME(S) AND TITLE(S) DATE(S) SIGNED G~~~ l.G..IT \~~ {I::J . Ge~,--e.. ~tl"'\.t\. Gt~LiP':; a & Ii), I 'J1-~ I j" DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED ~.J 12 Del R. Hontanosas (,/~/" Grants and Contract Manager .--..... "--- DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 1 DATED this ')-fn day of \U)LP-.- -' DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Special Terms and Conditions ,2016 . BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Gene Dana, Sheriff Legal {)~ CO~ Commissioner Page 2 Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "RA" means the Rehabilitation Administration. b. "RA Bulletins/Policies" means the RA Administrative Policies, which direct RA expectations . c. "Limited Access" means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties. d. "Regular Access" means unsupervised access to a juvenile(s), for more than a nominal amount of time, that is the result of the person's regularly scheduled activities or work duties. 2. Purpose. The purpose of this Contract is for the Sheriff of the Kittitas County Corrections Center to provide detention services at the Kittitas County Corrections Center, for Rehabilitation Administration (RA) youth eighteen (18) years old or older committed to the RA that are accepted for admittance at the direction of RA. 3 . Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth in Exhibit A: Statement of Work - Jail Services for 18 year and older committed to the RA. 4. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of $40,000, including any and all expenses, and shall be based upon Exhibit A: Statement of Work -Jail Services 18 years and older committed to the RA. 5. Background Checks and Sexual Misconduct. a .. Background Check/Criminal History -In accordance with Chapters 388-700 WAC (RA-Practices & Procedures), 72.05 RCW (Children & Youth Services) 43.20A RCW (DSHS) and by the terms of this contract, Contractor and each of its employees, subcontractors, and/or volunteers who mayor will have regular access to any client/juvenile must be cleared through a JRA approved criminal history and background check. In addition, Contractor, each of their employees, subcontractors, and/or volunteers, who mayor will have limited access to any client/juvenile, may be required to be cleared through a RA approved criminal history and background check. By execution of this contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers, who mayor will have regular access have not been convicted of any of the following: (1) Any felony sex offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions) and 9A.44.130 RCW (Sex Offenses); (2) Any crime specified in Chapter 9A.44 RCW (Sex Offenses) when the victim was a juvenile in the custody of or under the jurisdiction of RA; or (3) Any violent offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions). Contractor must require that current employees, volunteers, and contracted service providers who are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the above offenses. The report must be made to the person's supervisor within seven (7) days of conviction and any person who have reported a guilty plea or conviction for one or more of these offenses must not have regular access to any offender. Contractor shall also document DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 3 Special Terms and Conditions background checks/criminal history clearances for monitoring purposes. b . Sexual Misconduct -13.40.570 RCW (Sexual misconduct by state employees, contractors) states that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the Secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender. By execution of this contract, contractor affirms that contractor, each of its employees, subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW (Sexual misconduct by state employees, contractors) and of the crimes included in 9A.44 RCW (Sex Offenses). In addition, the Secretary shall disqualify for employment with a contractor in any position with access to an offender, any person: (1) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or (2) Convicted of any crime specified in chapter 9A.44 RCW (Sex Offenses) when the victim was an offender If any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees, volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender. The contract shall not be renewed unless the Secretary determines significant progress has been made. 6. Compliance with DSHS and RA Policies and Standards. a. In addition to the governing Federal and State laws and regulations, the Contractor shall comply with all applicable DSHS and RA Bulletins/Policies . b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance shall prevail. c. Records created or obtained during a youth's stay and/or maintained as a part of the youth's case files are JR juvenile records, and subject to the same confidentiality guidelines established in statute, to include but not be limited to, RCW13.40. DSHS shall have access to all records related to a JR youth upon request. 7. Federal Prison Rape Elimination Act. In accordance with the Federal Prison Rape Elimination Act (PREA) of 2003, 28 CFR Part 115, http://www.oip.usdol .gov/programslpdfslprea final rule: pdf Subpart A, the Contractor shall: a. Adopt and be in compliance with the PREA standards for preventing, detecting and responding to sexual misconduct in adult prisons and jail. b. Provide the RA contract monitoring to ensure that the contractor is in compliance with the PREA standards. 8. Billing and Payment. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 4 Special Terms and Conditions a. The contracted activities shall be paid up to the amount specified for the deliverables identified in the Statement of Work and payment shall be made upon receipt of the deliverable. RA shall not make payment for any deliverable not completed in accordance to the specifications identified in this contract. a. DSHS shall pay the Contractor upon acceptance by DSHS of a properly completed A-19 Invoice Voucher. The invoice shall describe and document the following: (1) Date and time period of service(s) performed; (2) Name or other client identifier; and (3) Description of work performed b. Payment shall be considered timely if made by DSHS within 30 days after the receipt of the properly completed invoice. c. Payment shall be sent to the Contractor's address at: Kittitas County Sheriff's Office 307 W Umptanum Road Ellensburg, WA 98926 d. The Contractor accepts the DSHS payment as the sole and complete payment for the services provided under this contract. e. DSHS shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or are not provided in accordance with paragraph 2, "Statement of Work." If DSHS pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract's "Statement of Work," the amount paid shall be considered to be an overpayment. " f . If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. 9. Disputes. Either the Contractor or RA may initiate a dispute claim for consideration by the other party, as it relates to the terms of this Contract, or to the services provided by the Contractor under the terms of this Contract. In accordance with the RA dispute resolution process, attempts to resolve disputes shall initially be addressed and be resolved at the lowest level possible between the Contractor and the RA organization, which initiated the contract. Upon verbal or written request from the Contractor, RA shall provide the Contractor a copy of the RA dispute resolution process within 5 working days of the request. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 5 Special Terms and Conditions Exhibit A STATEMENT OF WORK JALL SERVICES FOR YOUTH 18 YEARS and OLDER COMMITTED TO THE RA 1. Services Provided. a. The purpose of this Statement of Work is for the Sheriff of the Kittitas County to provide detention services at the Kittitas County Corrections Center, for Rehabilitation Administration (RA) youth eighteen (18) years old or older that are accepted for admittance at the direction of the RA. b. Detention Services shall include custody, supervision, and routine care for all RA youth eighteen (18) years old, or older that are accepted for admittance. Such RA youth shall be housed within the Kittitas County Corrections Center. c. The Sheriff of the Kittitas County Corrections Center is primarily responsible for the operation of the Kittitas County Corrections Center. d. Any RA youth housed at the Kittitas County Corrections Center under the terms of this agreement shall be subject to all rules and regulations governing other inmates housed in the Kittitas County Corrections Center. 2. Kittitas County Corrections Center Responsibilities. a. The Sheriff of the Kittitas County Corrections Center has no obligation whatsoever, at any time, to accept RA youth. b. Only when the Sheriff of the Kittitas County Corrections Center determines, at his sole discretion, that space exists in the Kittitas County Corrections Center to house RA youth, does he have the obligation to consider accepting RA youth. c. Once the Sheriff of the Kittitas County Corrections Center accepts a RA youth, upon a two-day notice, he may request that RA pick up such youth and relocate him/her to another location or facility not under control of the Sheriff of the Kittitas County Corrections Center. d. RA youth shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Kittitas County Corrections Center, to the extent required by applicable laws and regulations. Kittitas County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services, RA shall pay Kittitas County Sheriff's office for any and all costs associated with the delivery of any emergency, major medical and/or outside medical service provided to RA youth . e. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house RA youth, the Sheriff of the Kittitas County Corrections Center may suspend or restrict the use of the facility by giving written notice to RA. f. The Sheriff of the Kittitas County Corrections Center may move the youth from the Kittitas County Correction Center to another suitable location for housing in the event of an emergency DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 6 Special Terms and Conditions such as fire, earthquake, or catastrophe, or conditions presenting imminent danger to the safety of the youth. The Sheriff of the Kittitas County Corrections Center agrees to notify RA, prior to the move as circumstances permit or as soon as possible thereafter, of the location at which the RA youth is being held. g. In the event any RA youth shall escape from the custody of the Kittitas County Corrections Center, the Kittitas County shall use all reasonable means to recapture the youth. The escape shall be reported immediately to RA. Any costs incurred by Kittitas County in conjunction with recapturing the youth shall be chargeable to and borne by RA. 3. RA Responsibilities. a. RA shall at all times, except as may be provided to the contrary herein, be responsible for the delivery and retaking of RA youth. b. RA shall be responsible for transporting youth from the Kittitas County Corrections Center to the following: (1) Court, (2) Medical appointments, and (3) Hospital stays. c. In an emergency, Kittitas County Corrections Center staff may provide transport duties but will be relieved as soon as possible by RA staff. d. RA shall have access, at all times with 24-hour notice and approval, to the Kittitas County Corrections Center for the purpose of inspecting the facilities and visiting any of its youth confined therein under the terms of this agreement. 4. Compliance. a. The County shall comply with all applicable Federal and State laws, pertinent WACs and RCWs, RA bulletins, and other rules, regulations and publications identified throughout the Statement of Work. b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance shall prevail. c. If the County utilizes subcontractors for the provision of services under this contract, the County must notify RA in writing and maintain sufficient documentation to verify that the subcontractors meet all the requirements under this contract. In no event shall the existence of a subcontract release or reduce the liability of the County for any breach of performance. Subcontractors shall be the agent of the County and agree to hold RA harmless for acts or omissions of the subcontractors. d. The County shall assist the RA to perform reviews of sites where services are delivered at regular intervals using agreed upon forms and methods. 5. Billing. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 7 Special Terms and Conditions a. The contracted activities shall be paid up to the amount specified for the deliverables identified in the Statement of Work and payment shall be made upon receipt of the deliverable. RA shall not make payment for any deliverable not completed to RA's satisfaction. b. The County shall be paid $61.80 per billable day through termination of this contract. A billable day will be those days that the youth spends the night in the detention facility. The County shall provide RA with at least 30-day's notice of any rate changes; and any rate change must be modified by a written amendment signed by both parties. c. The County shall submit an A-19 Invoice Voucher to RA each month for services provided, detailing client names and jail detention dates/times. d. The County shall accept this payment as sole and complete remuneration for services provided to offenders under this contract. This does not preclude the County from seeking other funding sources. e. The County shall use these funds to supplement, not supplant, the amount of federal, state, and local funds otherwise expended for the services provided under this agreement. f. Under no circumstances shall the County bill twice for the same service . g. Payment shall be considered timely if made by DSHS within 30 days after the receipt of the properly completed invoice. h. Payment shall be sent to the Contractor's address on page one of this Contract. i. DSHS shall not pay the Contractor for authorized services not provided to clients, or for services provided which are not authorized or are not provided in accordance with the "Statement of Work." If DSHS pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract's "Statement of Work," the amount paid shall be considered to be an overpayment. j. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. 6. Mailing Addresses. All notices, billings and correspondence among the parties to this agreement shall be sent to the following addressees at the following addresses: (1) Jail Commander: (2) Sheriff: (3) RA: DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Paula Hoctor Kitti tas County Corrections Center 205 W 5th Avenue, Ste. 1/Jail Ellensburg, WA 98926 Gene Dana Kittitas County Sheriff's Office 307 W Umptanum Road Ellensburg, WA 98926 Lori Kesl Page 8 Special Terms and Conditions RA Region 1 Administrator 1626 West Boone Avenue Spokane, WA 99201 Additionally, the individuals listed hereinabove are each respectively designated to act as each Party's representative for administering their respective obligations under the terms of this agreement. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 9