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HomeMy WebLinkAboutSH18-018 DSHS JJ&RA 2018-19 - Grant Sheriff signedDSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 1 COUNTY DSHS Agreement Number washiWgonstare PROGRAM AGREEMENT 1863-31751 PARTMENT HIAL frHEALTH 7FFsoD( 7� SERVICES Jail Services 18 years and 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, WA 98504 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL (360)902-0765 (360)902-8108 kraembj@dshs.wa.gov COUNTY NAME COUNTY ADDRESS Kittitas County 205 W 5th Ave Ste1Jail Kittitas Co. Sheriffs Office Ellensburg,WA 98926 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Paula Hoctor COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX 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 PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2018 1 06/30/2019 L$20,000.00 EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: ® Exhibits (specify): Exhibit A - Data Security Requirements and Exhibit B Statement of Work 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 communications, 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 (SeOC _'b A 0A ov�t ,;-r 6/ 2, o/zo /dr DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Del R. Hontanosas Grants and Contract Manager DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 1 Special Terms and Conditions DATED this day of J2018. Attest: Clerk of the Board DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Gene Dana, Sheriff 1, a- at�l{�irrs; Le I fvv, I 1 v -w aukdevveh, Commissioner Gly Berms, Commissioner 0'.'`'- Q ltr-i c..- gtda- mien, Commissioner Page 2 Special Terms and Conditions Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. JR means Juvenile Rehabilitation within the Rehabilitation Administration. b. JR Bulletins/Policies means the JR Administrative Policies, which direct JR 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 Juvenile Rehabilitation (JR) youth eighteen (18) years old or older committed to Juvenile Rehabilitation that are accepted for admittance at the direction of JR. 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 B: Statement of Work - Jail Services for 18 year and older committed to JR. 4. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of $20,000, including any and all expenses, and shall be based upon the Exhibit A State of Work — Jail Services 18 years and older committed to JR. 5. Background Checks and Sexual Misconduct. a. Background Check/Criminal History - In accordance with Chapters 388-700 WAC (JR -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 may or will have regular access to any client/juvenile must be cleared through a JR approved criminal history and background check. In addition, Contractor, each of their employees, subcontractors, and/or volunteers, who may or will have limited access to any client/juvenile, may be required to be cleared through a JR approved criminal history and background check. By execution of this contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers, who may or 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 JR; 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 DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 3 Special Terms and Conditions 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 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 JR 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.onP.usdo'.qov/programS/Pdfs/prea 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. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 4 Special Terms and Conditions b. Provide the RA contract monitoring to ensure that the contractor is in compliance with the PREA standards. 8. Billing and Payment. 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. JR 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 JR 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 JR dispute resolution process, attempts to resolve disputes shall initially be addressed and be resolved at the lowest level possible between the Contractor and the JR organization, which initiated the contract. Upon verbal or written request from the Contractor, JR shall provide the Contractor a copy of the JR 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— Data Security Requirements 1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf). b. "Authorized Users(s)" means an individual or individuals with a business need to access DSHS Confidential Information, and who has or have been authorized to do so. c. "Business Associate Agreement" means an agreement between DSHS and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information. d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious consequences may arise in the event of any compromise of such data. Data classified as Category 4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service Publication 1075 (https://www.irs.gov/pub/irs-pdf/pl075.pdf); Substance Abuse and Mental Health Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20. e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personal files and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace. f. "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 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. g. "FedRAMP" means the Federal Risk and Authorization Management Program (see www.fedramp.gov), which is an assessment and authorization process that federal government agencies have been directed to use to ensure security is in place when accessing Cloud computing products and services. h. "Hardened Password" means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 6 Special Terms and Conditions i. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones, most tablets, and other form factors. "Multi -factor Authentication" means controlling access to computers and other IT resources by requiring two or more pieces of evidence that the user is who they claim to be. These pieces of evidence consist of something the user knows, such as a password or PIN; something the user has such as a key card, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a series of numbers which act as a password for a device. Since PINS are typically only four to six characters, PINS are usually used in conjunction with another factor of authentication, such as a fingerprint. k. "Portable Device" means any computing device with a small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing resources in the form of a processor, memory, storage, and network access. Examples include, but are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable Device. "Portable Media" means any machine readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have been removed from a computing device. m. "Secure Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access, and access is controlled through use of a key, card key, combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted access, the Data must be secured in such a way as to prevent access by non -authorized staff such as janitorial or facility security staff, when authorized Contractor staff are not present to ensure that non -authorized staff cannot access it. n. "Trusted Network" means a network operated and maintained by the Contractor, which includes security controls sufficient to protect DSHS Data on that network. Controls would include a firewall between any other networks, access control lists on networking devices such as routers and switches, and other such mechanisms which protect the confidentiality, integrity, and availability of the Data. o. "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. Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: https://www.dshs.wa.gov/fsa/central- contract-services/keeping-dshs-client-information-private-and-secure, which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. 3. Administrative Controls. The Contractor must have the following controls in place: a. A documented security policy governing the secure use of its computer network and systems, and DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 7 Special Terms and Conditions which defines sanctions that may be applied to Contractor staff for violating that policy. b. If the Data shared under this agreement is classified as Category 4, the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. c. If Confidential Information shared under this agreement is classified as Category 4, the Contractor must have a documented risk assessment for the system(s) housing the Category 4 Data. 4. Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to authorized staff, the Contractor must: a. Have documented policies and procedures governing access to systems with the shared Data. b. Restrict access through administrative, physical, and technical controls to authorized staff. c. Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non -repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action. d. Ensure that only authorized users are capable of accessing the Data. e. Ensure that an employee's access to the Data is removed immediately: (1) Upon suspected compromise of the user credentials. (2) When their employment, or the contract under which the Data is made available to them, is terminated. (3) When they no longer need access to the Data to fulfill the requirements of the contract. Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. g. When accessing the Data from within the Contractor's network (the Data stays within the Contractor's network at all times), enforce password and logon requirements for users within the Contractor's network, including: (1) A minimum length of 8 characters, and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand, or exclamation point. (2) That a password does not contain a user's name, logon ID, or any form of their full name. (3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words. (4) That passwords are significantly different from the previous four passwords. Passwords that increment by simply adding a number are not considered significantly different. When accessing Confidential Information from an external location (the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 8 Special Terms and Conditions (1) Ensuring mitigations applied to the system don't allow end-user modification. (2) Not allowing the use of dial-up connections. (3) Using industry standard protocols and solutions for remote access. Examples would include RADIUS and Citrix. (4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network, including the Internet, which is not a Trusted Network. (5) Ensuring that the remote access system prompts for re -authentication or performs automated session termination after no more than 30 minutes of inactivity. (6) Ensuring use of Multi -factor Authentication to connect from the external end point to the internal end point. Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token (software, hardware, smart card, etc.) in that case: (1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor (2) Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable) (3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must: (1) Be a minimum of six alphanumeric characters. (2) Contain at least three unique character classes (upper case, lower case, letter, number). (3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or abcd12 would not be acceptable. k. Render the device unusable after a maximum of 10 failed logon attempts. 5. 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. For 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. For 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 DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 9 Special Terms and Conditions 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 Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area. 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 Secure Area. When not in use for the contracted purpose, such discs must be Stored in a Secure Area. 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 Secure 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 Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area. 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's 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. (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. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 10 Special Terms and Conditions (d) Apply administrative and physical security controls to Portable Devices and Portable Media by: Keeping them in a Secure Area when not in use, ii. Using check-in/check-out procedures when they are shared, and iii. Taking frequent inventories. (2) When being transported outside of a Secure Area, Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data, even if the Data is encrypted. h. Data stored for backup purposes. (1) DSHS Confidential Information 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 below in Section 8 Data Disposition. (2) 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 below in Section 8 Data Disposition. Cloud storage. DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: (1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (a) Contractor has written procedures in place governing use of the Cloud storage and Contractor attests in writing that all such procedures will be uniformly followed. (b) The Data will be Encrypted while within the Contractor network. (c) The Data will remain Encrypted during transmission to the Cloud. (d) The Data will remain Encrypted at all times while residing within the Cloud storage solution. (e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor and/or DSHS. (f) The Data will not be downloaded to non -authorized systems, meaning systems that are not on either the DSHS or Contractor networks. (g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor's network. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 11 Special Terms and Conditions (2) Data will not be stored on an Enterprise Cloud storage solution unless either: (a) The Cloud storage provider is treated as any other Sub -Contractor, and agrees in writing to all of the requirements within this exhibit; or, (b) The Cloud storage solution used is FedRAMP certified. (3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. 6. System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes: a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available. b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed. d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses, will be no more than one update behind current. 7. 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. (1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS Data. And/or, (2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, (3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or, (4) 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. (5) When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer, folder, or other container. b. 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. 8. Data Disposition. When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 12 Special Terms and Conditions 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 Magnetic tape Degaussing, incinerating or crosscut shredding 9. 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. 10. 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. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 13 Special Terms and Conditions Exhibit B STATEMENT OF WORK JAIL SERVICES FOR YOUTH 18 YEARS and OLDER COMMITTED TO THE JR 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 Juvenile Rehabilitation (JR) youth eighteen (18) years old or older that are accepted for admittance at the direction of the JR. b. Detention Services shall include custody, supervision, and routine care for all JR youth eighteen (18) years old, or older that are accepted for admittance. Such JR 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 JR 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 JR 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 JR youth, does he have the obligation to consider accepting RA youth. c. Once the Sheriff of the Kittitas County Corrections Center accepts a JR youth, upon a two-day notice, he may request that JR 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. JR 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, JR 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 JR youth. e. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house JR youth, the Sheriff of the Kittitas County Corrections Center may suspend or restrict the use of the facility by giving written notice to JR. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 14 Special Terms and Conditions 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 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 JR, prior to the move as circumstances permit or as soon as possible thereafter, of the location at which the JR youth is being held. g. In the event any JR 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 JR. Any costs incurred by Kittitas County in conjunction with recapturing the youth shall be chargeable to and borne by JR. 3. JR Responsibilities. a. JR shall at all times, except as may be provided to the contrary herein, be responsible for the delivery and retaking of RA youth. b. JR 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 JR staff. d. JR 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, JR 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 JR 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 JR harmless for acts or omissions of the subcontractors. d. The County shall assist the JR to perform reviews of sites where services are delivered at regular intervals using agreed upon forms and methods. DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 15 Special Terms and Conditions 5. Billing. 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. JR 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 JR 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. 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: Paula Hoctor Kittitas County Corrections Center 205 W 5t" Avenue, Ste. 1/Jail Ellensburg, WA 98926 (2) Sheriff: Gene Dana Kittitas County Sheriff's Office 307 W Umptanum Road Ellensburg, WA 98926 DSHS Central Contract Services 5048CF County Program Agreement (11-22-2011) Page 16 Special Terms and Conditions (3) JR: Lori Kesl JR 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 17