HomeMy WebLinkAbouti-ACT agreementCOUNTY PROGRAM AGREEMENT
i-ACT Program Development
DCYF Agreement Number
2063-97267
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Department of Children, Youth,Children, Youth and Families 1225
STRATION DCYF INDEX
and Families
Administration or Division
Agreement Number
County Agreement Number
DCYF CONTRACT CODE
2000cc-63
TELEPHO
8-6803 Rachel.Denn wa
E.MAIL
ot ia wA 98504
CONTACT
1 1 15 Washington St SE
DCYF ADDRESS
*litk hsl* i* *lrt*:r"t*xl.
DCY FAX
Rachel Denney
Contract Manager
COUNTY NAME
Kttitas County Juven ile Court Services Department
205 West Sth Ave Suite 21'l
Ellensb wA 98926
NAME
Katrina Mankus
ADDRESS
EMPLOYER IDENTIFICATION
NUMBER
1
COUNTY FEDERAL
"0-/3
TELEP
509 962-7516 ,-katrina.mankus @co.kittitas.wa.us
COUNTY CONTACT E.MAIL
IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF
AGREEMENT?
No
THIS PROGRAM CFDA NUMBERS
PROGRAM AGREEMENT START DATE
07t01t2020
PROGRAM AGREEME NT END DATE
06t30t2021
MAXIMUM PROGRAM AGREE MENT AMOUNT
$14,476.00
Exhibits (specify): Exhibit A-Data Security Requirements; Exhibit B€tatement of Work
No Exhibits.
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Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 1
ADOPTED this I etr of 2420
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY HI TON
chs , Chair
tce-Chair
Cory Wright, Commissioner
APPROVED AS TO FORM
??+
Douglas R. Mitchel Deputy Prosecuting Attorney
fi Cledr' of the Board- Julie Kjorsvik
tr Deputy Clerk of the Board- Mandy Buchholz
?l4r- tr-
2
1
DCYF shall request services from the Contractor on an as-needed basis
Department of Children, Youth & Families
2017CF County Program Agreement d24-2O
Special Terms and Conditions
Definitions. The words and phrases listed below, as used in this Contract, shall each have lhe
following definitions:
a. 'DCYF' means the Department of Children, youth, and Families.
b.'i-ACT' means lndividual-Alternative Choice Training.
c. "Juvenile Rehabilitation" or "JR" means the Division under the Department of Children, youth, and
Families,
Purpose.
The purpose of this Contract is to provide for staff time to develop, train, and provide consultation to i-ACT trainers providing the service.
DalaSecurity Requirements - Exhibit A. The Contractor shall protect, segregate, and dispose ofdata from DCYF as described in ExhibitA, and as required in the bection bel-ow-entiled SecureManagement of Confidential lnformation.
Statement of Work - Exhibit B. The Contractor shall provide seryices and staff as described in theStatement of Work attached as Exhibit B.
Billing and Payment
a. The contracted activities shall be paid up to the amount specified for the deliverables identified inthe Statemenl of Work and payment shall be made upon receipt of lhe deliverable. JR shall notmake payment for any deliverable not completed in accordance to the specifications identified inthis Contract.
b. lnvoice shall be sent to the DCYF Program Contact listed in the Statement of Work.
c. DCYF shall pay the Contractor upon acceptance by DCYF of a properly completed A-1g lnvoiceVoucher. The invoice shall include any required documentation of ihe services delivered as
specified in the Statement of Work. Payment shall be sent to the Contraclods address on page oneof this Contract.
d' Payment shall be considered timely if made by DCYF within 30 days after receipt of the properly
completed invoice.
e' The Contractor accepts the DCYF payment as the sole and complete payment for the servicesprovided under this Contract.
f. DCYF 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 Exhibit B:
Statement of Work. lf DCYF 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.
g. lf this Contract is terminated for any reason, DCYF shall pay for only those services authorized andprovided through the date of termination.
Services Authorized as Needed
3.
4
5.
6.
This Contract does not
Page 2
7
Special Terms and Conditions
obligate DCYF to authorize seryices from the Contractor.
Payment Only for Authorized Services
DCYF shall pay the Conlractor only for authorized services provided in accordance with this Contract.
lf this Contract is terminated for any reason, DCYF shall pay only for seruices authorized and provided
through the date of termination.
Funding Stipulations
a. !-n{or.mation for iederal Fundinq. The Contractor shall cooperate in supplying any information to
DCYF that may be needed to determine DCYF or the client's eligibility for-federaifunding.
b. Duolicate Billino. The Contractor must not bill other funding sources for services rendered under
this Contract which would result in duplicate billing to different funding sources for the same service.
Furthermore, the Contractor shall ensure that no subcontractor bills any other funding sources for
services rendered under this Contract, which would result in duplicate billing to different funding
sources for the same service.
c. No Federal Match. The Contractor shall not use funds payable under this Contract as match toward
federal funds without the prior written permission of DCyF.
d. $upplantinq. The Contractor shall use these funds to supplement, not supplant the amount of
federal, state and local funds otherwise expended for services provided unberthis Contract.
Recovery of Fees for Noncompliance
ln the event the Contractor bills for services provided and is paid fees for services that DCYF later finds
were either (a) not delivered or (b) not delivered in accordance with applicable standards or the
requirements of this Contract, DCYF shall have the right to recover the fees for those seruices from the
contractor, and the contractor shall fully cooperate during the recovery process.
Prohibition of Use of Funds for Lobbying Activities
The Contractor shall. not use funds payable under the Contract for lobbying activities of any nature. The
Contractor certifies that no state or federal funds payable under this Contrict shall be paidto any
Person or organization to influence, or attempt to influence, either directly or indirecily,'an officeior
employee of any state orfederal agency, or an officer or member of any slate or federal legislative body
or committee, regarding the ar,trard, amendment, modification, extension, or renewal of a sGte or
federal contract or grant.
Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Contract,
at the sole discretion of DCYF, and shall subject Contractor to such monetary and other penalties as
may be provided by law.
Compliance Agreement
ln the event that DCYF identifies deficiencies in Contractor's performance underthis Contract, DCyF
may, at its option, establish a Compliance Agreement. When presented with a Compliance Agreement,
Contractoragrees to undertake the actions specified in the plan within the timeframes given tJcorrect
the deficiencies. Contractor's failure to do so shall be grounds for termination of this Contract.
Compliance with JR Policies and Standards.
9
8.
10
11.
12.
a. ln addition to the goveming Federal and State laws and regulations, the Contractor shall comply
Department of Children, Youth & Families
2017CF County Program Agreement 6'2+20 page 3
Special Terms and Conditions
with all DCYF and JR Rules and Policies as applicable to the services provided.
b. ln case of conflict or inconsistency between lhe aforementioned, the higher standard of compliance
shall prevail.
13. AdministrativeRecords
The Contractor shall retain fiscal records that shall substantiate costs charged to DCYF under this
Contract.
14. Background Checks
a. This requiremenl applies to any employees, volunteers and subcontractors who may have
unsupervised access to children served under this Contract.
ln accordance with Chapters 388-700 WAC (JR-Practices & Procedures), 72.05 RCW (Children &
Youth Services), 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 clienUjuvenile must
be cleared through a JR approved criminal history and background check. ln addition, Contractor,
each of their employees, subcontractors, and/or volunteers, who may orwill have limited access to
any clienVjuvenile, 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 9.944.030 RCW (Sentencing Reform Act-Definitions) and
94.44.'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 9.944,030 RCW (Sentencing Reform Act-Definitions).
b
15.
d. Contractor must require that cunent 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
background checkslcriminal history clearances for monitoring purposes.
Sexual Misconduct
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 sexuaicontact
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 wniih
would permit the employee to have any access to any offender.
b. 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 94.44 RCW
(Sex Offenses).
Depadment of Children, Youth & Families
2A17CF County Program Agreement G2+2O Page 4
Special Terms and Conditionsc. ln addition, the Secretary shall disqualify for employment with a Contractor in any position with
access to an offender, any person:
(1) Who isfound bythe department, basedon 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
lf any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must
demonstrate to the Seeretary 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.
16. PREA Requirements
The following Prison Rape Elimination Act (PREA) training and Criminal History Background Check
requirements must be met if you are providing services to youth in a JR facility and will have direct
unsupervised access to youth. The training requirement only needs to be completed once.
Participate and complete all Prison Rape Elimination Act (PREA) required trainings which shall consist
of the following:
(1) Review of JR's PREA Policy 5.90, Applying the pREA Standards in JR;
(2) Review of the "JR Guide to the Prevention and Reporting Sexual Misconduct" brochure;
(3) View the National lnstitute of Conections Video, Keeping Our Kids Safe: The prison Rape
Elimination Act and Juvenile Justice, Parts 1 and 2 (approx. 23 minutes total). Viewable via the
YouTube link: NtC Keeping Kids Safe (httpg;#:$$s,vpull[e,ssff/!vstgh:-vrhl1lJ-{Mlgx:*); and
(4) Completion of the JR's PREA "Volunteer/Contractor Acknowledgement Completion of Training
and Policy Reviev/' Form.
e. Complete the "PREA Sexual Misconduct" Form (DCYF 20-296).
f. Provide the completed "PREA Sexual Misconduct" and "Volunteer/ContractorAcknowledgement
Completion of Training and Policy Reviev/'forms to the JR Program Staff identified below or their
designee, for each staff having direct unsupervised contact with JR residents within JR's lnstitutions
or Community Facilities.
d
17.
g. Complete a mandatory Criminal History Background Check at least every 5 years and a National
Fingerprint Criminal Records Background Check.
Subcontractor
lf the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractor
must notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet all
the requirements under this Contract. ln no event shall the existence of a subcontract release or
reduce the liability of the County for any breach of performance.
18. Monitoring
The County shall assist the JR to perform reviews of sites where services are delivered at regular
Department of Children, Youth & Families
2O17CF County Program Agreement 624-20 page 5
20
Special Terms and Conditions
intervals using agreed upon forms and methods.
19. lnsurance
a. DCYF certifies that it is self-insured under the State's self-insurance liability program, as provided
by_RCW 4.92.130, and shall pay for losses for which it is found liable.
b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box
selected, and signing this Agreement, that:
-MWnre Contractor is self-insured or insured through a risk pool and shatt pay for losses
forwhich it is found liable; or
n f ne Contractor maintains the types and amounts of insurance identified below and
shall, prior to the execution of this Agreement by DCYF, provide certificates of insurance
to that effect to the DCYF conlact on page one of this Agreement.
Commercial General Liabilitv lnsurance (CGL) - to include coverage for bodily injury, property
damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000;
General Aggregate - $2,000,000. The policy shall include liability arising out of premises,
operations, independent contractors, products-completed operations, personal injury, advertising
injury, and liability assumed under an insured contract. The State of Washington, DCYF, its elected
and appointed officials, agents, and employees shall be named as additional insureds.
Disputes
21
Either the Contractor or JR may initiate a dispute claim for consideration by the other party, as il relates
to the terms of this Agreement, or to the services provided by the Contraclor under the terms of this
Agreement. ln 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 JR
organization, which initiated the contract. Upon verbal orwritten request from the Contractor, JR shall
provide the Contractor a copy of the JR dispute resolution process within 5 working days of the request.
Emergency Management & Response
h. lt may be possible, that during the performance of this Contract, that DCYF or the State of
Washington could issue or declare a State of Emergency. Such an emergency could include, but
not be limited to:
(1) Pandemic;
(2) Public Health Emergency;
(3) Natural or manmade disaster; and / or
(4) Civil Unrest.
lf such a declaration is made, by DCYF or the State of Washington, then DCYF may choose to
temporarily modify the service delivery provisions of this contract. Those modifications will be time
limited and will be provided by your DCYF/JR Program Contact.
Department of Children, Youth & Families
2O17CF County Program Agreement 6-2+20 Page 6
Special Terms and Conditions
DATA SECURITY REQUIREMENTS
EXHIBIT A
1
ORGANIZATION OF DATA SECURIW REQUIREMENTS
1. Definitions
2. Authority
3. Scope oi Protection
4. Compliance with Laws, Rules, Regulations, and Policy
5. Administrative Controls
6. Authorization, Authentication, and Access7. Protection of Data
8. Method of Transfer
9. System Protection
10. Data Segregation
'1 1. Confidentiality Protection
12. Data Disposition
13. Data shared with Subcontractors
14. Notification of Compromise or Potential Compromise
15. Breach of Data
16. Public Disclosure
Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
"AES" means the Advanced Encryption Standard, a specification of Federal lnformation Processing
Standards Publieations for the encryption of electronic data issued by the National lnstitute of
S ta n d a rd s a n d T e ch n o I o gy ( hllfiI/ nylsgb [,njlls,? r.lil$lpu bffi I*pdD .
"Authorized Users(s)" means an individual or individuals with a business need to access DCYF
Confidential lnformation and who has been authorized to do so.
c. "Business Associate Agreement" means an agreement between DCYF and a contractorwho is
receiving Data covered underthe Privacy and Security Rules of the Health lnsurance Portability
and Accountability Act of 1996. The agreement establishes permitted and required uses and
disclosures of protected health information (PHl) 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 lnsurance Portability and AccountaUitity
Act (HIPAA), Pub. L. 104-191 as amended by the Health lnformation 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. $12329;34 CFR Part g9; lnternal Revenue Service
Publication 1075 ($lpeJ&wJrs.fi*j{*!gjig:pdik-10JS.':dI); Substance Abuse and Mental Health
Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records,
42 CFR Part2; and/or Criminal Justice lnformation Services, 28 CFR Part 20.
b
Department of Children, Youth & Families
2O17CF County Program Agreement d24-2O Page 7
Special Terms and Conditions
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 olher
entities. Enterprise eloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace
f. "Confidential lnformation" means to encode Confidential lnformation 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 "Data" means DCYF's records, files, forms, information and other documenls in electronic or hard
copy medium. "Data" includes, but is not limited to, Confidential lnformation, Category 4 Data,
Sensitive Personal lnformation, or Materials.
h. "Encrypt" means to encode Confidential lnformation 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.
"FedRAMP" means the Federal Risk and Authorization Management Program (see
httpS;/1wv'rttr.fedf+mp.qovl), 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.
j. "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.
k, "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile
operating system, such as iOS, Android, orWindows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
l. "Multi-faclorAuthentication" means controlling access to computers and other lT 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, smaft card, or physical token; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PlN" means a personal identification number, a
series of numbers which act as a password for a device. Since PlNs are typically only four to six
characters, PlNs are usually used in conjunction with another factor of authentication, such as a
fingerprint.
m. "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.
Depadment of Children, Youth & Families
2O17CF County Program Agreement G24-20 Page I
2.
3
4
Special Terms and Conditions
n. "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.
o. "Physically Secure" means that access is restricted through physical means to authorized
individuals only.
p "Secure Area" means an area to which only authorized representatives of the entity possessing the
Confidential lnformation 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 lnformation is not available to unauthorized personnel. ln otheruyise 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.
q "Sensitive Personal lnformation" means personally identifying information including, but not limited
to: names, addresses, health information, GPS [Global Positioning System] coordinates, telephone
numbers, email addresses, social security numbers, driver's license numbers, or other personally
identifying information, and any financial identifiers.
r. "Staff' means the Contractor's directors, officers, employees, and agents who provide goods or
services pursuant to this Contract. "Staff' also means Subcontractors' directors, officers,
employees, and agents who provide goods or services on behalf of the Contractor. The term "staff'
also means the Subcontractors'directors, officers, employees, and agents who provide goods or
services on behalf of the Subcontractor and Contractor.
s. Trusted Network" means a network operated and maintained by the Contractor, which includes
security conlrols sufficient to protect DCYF 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.
t. "Unique User lD" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a userto an
information system.
Authority. The securily requirements described in this document reflect the applicable requirements of
Standard 141.10 (nltns:#*ci*,y.'r,R,Sov/pqliSiqE) of the Office of the Chief lnformation Officer for the State
of Washington, and of the DCYF lnformation Security Policy and Standards Manual
Scope of Protection. Applies to Confldential lnformation, Data, Category 4 Dala, Sensitive Personal
lnformation, and Materials related to the subject matter of this Contract that is delivered, received,
used, shared, acquired, created, developed, revised, modified, oramended by DCYF, the Contractor,
or Subcontractors.
Compliance with Laws, Rules, Regulations, and Policies. For Confidential lnformation, Data,
Category 4 Data, Sensitive Personal lnformation, and Materials that is delivered, received, used,
shared, acquired, created, developed, revised, modified, or amended in connection with this Contract
the parties shall comply with the following:
Department of Children, Youth & Families
2O17CF County Program Agreement G24-2O Page 9
Special Terms and Gonditions
a. All federal and state laws and regulations, as cunently enacted or revised, regarding the protection,
security, and electronic interchange of Confidential lnformation, Data, Category 4 Data, Sensitive
Personal lnformation, and Materials; and
b. All federal and state laws and regulations, as cunently enacted or revised, regarding the use,
disclosure, modification or loss of Confidential lnformation, Data, Category 4 Data, Sensitive
Personal lnformation, and Materials.
5. Administrative Controls. The Contractor must have the following controls in place:
a. A documented security policy governing the secure use of its computer network, mobile devices,
portable devices, as well as, any form of paper/hard copy documents, and which defines sanctions
that may be applied to Contractor staff for violating that policy.
b. Security awareness training for all staff, presented annually, as follows:
(1). Contractor staff responsibilities under the Contractor's security policy;
(2).Contactor staff responsibilities as outlined under contract Exhibit A; and
(3). Must successfully complete the DCYF lnformation Security Awareness Training, which can be
taken on this web page: btr?s,l1w&-d6yL\qp,sqvlsllq$t#C|allllfilq,q/p,9*Sesul&:h-Cqrtledssdf
6 Authorization, Authentication, and Access. ln order to ensure that access to the Data is limited to
authorized staff, the Contractor must.
a. Have documented policies and procedures that:
(1).Govern access to systems; and
(2). Govern access to paper/hard copy documents and files.
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 lD and password
combination is known only to the one staff member to whom that account is assigned. For
purposes of non-repudiation, it must always be possible to determine which staff member
performed a given action on a system housing the Data based solelyon the logon lD 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 Data is removed within twenty-four (24) hours:
(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; and
(4). When the staff member has been suspended from performing services under this Contract.
f. Have a process to review and verify, quarterly, that only authorized users have access to systems
containing Confidential lnformation, Data, Category 4 Data, Sensitive Personal lnformation, or
Department of Children, Youth & Families
2O17CF County Program Agreement G24-2O page 10
Special Terms and Conditions
Materials;
g. When accessing the Data from within the Contractofs network (the Data stays within the
Contractor's network at all times), enforce password and logon requiremenls for users within the
Contractor's network, including:
(1). A minimum length of eight (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 passurord does not contain a useds name, logon lD, orany form of theirfull 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; and
(a). That passwords are significantly different from the previous four (4) passwords. Passwords that
increment by simply adding a number are not considered significantly different.
h. When accessing Confidential lnformation, Data, Category 4 Dala, Sensitive Personal lnformation,
and Materials from an external location (the Data will traverse the lnternet or otheruyise travel
outside the Contractods network), mitigate risk and enforce password and logon requirements for
users by employing measures thal include:
(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 lnternet, 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 fifleen (15) minutes of inactivity; and
(6). Ensuring use of Multi-FactorAuthentication to connect from the external end point to the internal
end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechahism, 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 five (5) letters or numbers when used in conjunction with
at least one other authentication factor;
(2). Must not be comprised of all the same letler or number (11111,22222, aaaaa,would not be
acceptable); and
(3). Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be
acceptable).
j. lf the Contract specifically allows for the storage of Confidential lnformation on a Mobile Device,
passcodes used on the device must:
Depadmenl of Children, Youth & Families
2A17CF County Program Agreement 62+20 page 11
7
Department of Children, Youth & Families
2017CF County Program Agreement G2+2O
Special Terms and Conditions
(1). Be a minimum of six (6) alphanumeric characters;
(2). Contain at least three unique character classes (upper case, lower case, letter, number); and
(3). Not eontain 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 five (5) failed logon attempts.
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 localworkstation hard disks, access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User lD
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 wtrich will grant access only after the Authorized User has
authenticated to the network using a Unique User lD and Hardened Password or other
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.
c. Optical discs {CDs or DVDs) in localworkstation optical disc drives. Data provided by DCyF
on optical discs wttich will be used in local workstation optical disc drives and which will not be
transported out of a Secure Area. When not in use forthe contracted purpose, such discs must be
Stored in a Secure Area. Workstations wtrich access 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
DCYF 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 ihrough
the use of access control lists which will granl access only after the Authorized User has
authenticated to the network using a Unique User lD and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smad
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, br
comparable mechanism.
e. Paper documents.
(1). All paper documents must be protected by storing the records in a Secure Area, with access
controlled through use of a key, card key, combination lock, or comparable mechanism, and which
is only accessible to authorized personnel.
(2). When being transported outside of a Secure Area, paper documents must be under the physical
control of Contractor staff with authorization to access the Data.
(3). Paper documents will not be secured or stored in a motor vehiele any time a staff member is
away from ihe motor vehicle.
Page 12
Specia! Terms and Conditions
(4). Paper documents will be retained in a Secure Area, per the state of Washington records
retention requirements.
f. Data storage on portable devices or media
(1). Except where otheruvise specified herein, Data shall not be stored by the Contractoron portable
devices or media unless specifically authorized within the terms and conditions of the Contract.
lf so authorized, the Data shall be given the following protections:
(a). Encrypt the Data; and
(b). Control access to devices with a Unique User lD and Hardened Password or stronger
authentication method such as a physical token or biometrics; and
(c). Manually lock devices whenever they are lefi unattended and set devices to lock
automatically after a period of inactivity, if this feature is available, Maximum period of
inactivity is fifteen (15) minutes; and
(d). Apply administrative and physical security controls to Portable Devices and Portable Media
by:
i. Keeping them in a Secure Area when not in use;
ii. Using check-in/check-out procedures when they are shared; and
iii. Taking quarterly inventories
(2).When being transporled outside of a Secure Area, Portable Devices and Portable Media
with Data must be underthe physical controlof Contractorstaffwith authorization to access
the Data, even if the Data is encrypted. Portable Devices and Portable Media will not be
secured or stored within motor vehicles at any time the staff member is away from the motor
vehicle.
g. Data stored for backup purposes
(1) DCYF Confidential lnformation 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. lf backup media is retired while DCYF Confidential lnformation still
exists upon it, referto Section 12Dala Disposition.
(2) Dala may be stored on non-portable media (e.g. Storage Area Network drives, virtualmedia,
etc.) as part of a Contractor's existing, documented backup process for business continuity or
disaster recovery purposes. lf so, such media will be protected as otherwise described ln itris
exhibit. lf this media is retired while DCYF Confidential lnformation still exists upon it, referto
Section 12 Dala Disposition.
h. Cloud storage. Data requires protections equalto orgreaterthan those specified elsewherewithin
this exhibit. Cloud storage of Data is problematic as neither DCYF nor the Contractor has control of
the environment in which the Data is stored. For this reason:
(1).Data will not be stored in any consumergrade Cloud solution, unless all of the following
conditions are met:
Department of Children, Youth I Families
2017CF County Program Agreement 624-20 Page 13
8.
Special Terms and Conditions
(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 Wthin the Contractor network;
(c). The Data will remain Encrypted during transmission to the Cloud;
(d).The Data will remain Encrypted at alltimes 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 DCyF;
(f1. The Data will not be downloaded to non-authorized systems, meaning systems that are not
on either the DCYF or Contractor networks;
(g).The Data will not be decrypted until downloaded onio a computer or portable devise within
the control of an Authorized User and within either the DCYF or Contractor's network; and
(h).Access to the cloud storage requires Multi Factor Authentication or Two Step Authentication.
(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) lf the Data includes protected health information covered by the Health lnsurance portability and
Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior
to Data being stored in their Cloud solution.
Method of Transfer.
a. All Data transfers to or from the Contractor shall only be made by using the secure data.wa.gov
portal provided by the state of Washington with login and hardened password security.
b. The Contractor shall use an encrypted email account for electronic submissions which contain
Confidential, and Personal lnformation, as defined in the GeneralTerms and Conditions.
lnformation regarding encrypted email accounts can be obtained at DCYF's website, located at:
https:l/w\q ff.devf.wa.qov/fiervices/chil$-welfar*-ptp*vid*I*lenSrypted*enrnil.
System Protection. To prevent compromise of systems which contain DCYF Data or through which
that Data passes:
a. Systems containing Data must have all security patches or hotfixes applied within three (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 Data shall have an Anli-Malware application, if available, installed, and
d. Anti-Malware software shall be kept up io date. The product, its anti-virus engine, and any malware
database the system uses, will be no more than one update behind current.
I
Depadment of Children, Youth & Families
2O17CF County Program Agreement d24-2O Page 14
Special Terms and Gonditions10. Data Segregation
a. Data must be segregated or otherurise distinguishable from non-DCYF data. This is to ensure that
when no longer needed by the Contractor, all Data can be identified fof'return or destruction. lt also
aids in determining whether 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). Data will be kept on media (e.9. hard disk, optical disc, tape, etc.) which will contain no non-
DCYF Data; and/or;
(2). Data will be stored in a logical container on electronic media, such as a partition or folder
dedicated to Data; and/or;
(3). Data will be stored in a database which will contain no non-DCYF data; and/or;
(4). Data will be stored within a database and will be distinguishable from non-DCYF data by the
value of a specific field or fields within database records; and
(5).When stored as physieal paper documents, Data will be physically segregated from non-DCYF
data in a drawer, folder, or other container.
11
b. When it is not feasible or practical to segregate Data from non-DCYF data, then both the Data and
the non-DCYF data with which it is commingled must be protected as described in this exhibit.
Confidentiality Protection. To safeguard confidentiality, and ensure that access to all Data is limited
to authorized staff, the Contractor must:
a. Ensure that the Contractor's Staff, Subcontractors, and the Subcontractors' Staff use Dala solely for
the purposes of accomplishing the services set forth in this Contract;
b. Ensure that no Data is released, disclosed, published, modified, transferred, sold, orothenr/se
made known to unauthorized persons without the priorwritten consent of the individual named or as
othenqrise authorized by law;
c.The Contractor shall not use, publish, transfer, sell or othenrvise disclose any Confidential
lnformation of a minor except as provided by laworwith the priorwritten consent of the minor's
parent, legal representative orguardian. lf a child is a dependent of Washington State, then prior
written consent must be obtained from DCYF; and
Require that the Contractor's Staff and Subcontractors'Staff having access to Data sign a
Statement of Confidentiality and Non-Disclosure Agreemenl (DCYF Form 03-3748), which can befoundatthiswebpage:M'Datashallnotbereleasedtothe
Contractor's Staff person(s) or Subcontractors' Staff person(s) until the following conditions have
been met:
(1). DCYF approves the Contractor's Staff person(s) or Subcontractors' Staff person(s), to work on
this Contract; and
(2).lf requested by DCYF, Contractor must submit the signed original Statement of Confidentiality
and Non-Disclosure Agreement, signed by the Staff person(s) or Subcontractors' Staff person(s).
12.Data Disposition. Contractor is responsible to ensure that all Data, including paper and electronic
records, is retained pursuanl to Washington State retention standards. Prior to the destruction of any
Data, the DCYF Contact specified for this contract, must be notified in writing and permission given in
vwiting to destroy any such Data. When the contracted work has been compieted orwhen thebata is
Depaftment of Children, Youth I Families
2O17CF County Program Agreement &24-20
d
Page 15
13.
14.
Special Terms and Conditions
no longer needed, Data shall be retained pursuant to the retention standards required by chapter 40.14
RCW, or returned to DCYF.
j. Once vwitten permission to destroy Data has been granted by DCYF to the Contractor, the following
acceptable methods of destruction must be used:
b. lf any Data is required to be destroyed pursuant to this Section, within fifteen ( 1 5) calendar days
after completion of such destruction the Contractor shall complete and deliver to DCYF a signid
Certification of Data Disposition, which can be found at this webpage:
h ltps : llwv**r. ci qy_f *va . gg v/f o r[r$,.
Data shared with Subcontractors. lf Data provided underthis 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. lf the
Contractor cannot protect the Data as articulated within this Contract, then the contract with the
subcontractor must be submitted to the DCYF Contact specified for this contract for review and
approval.
Notification of Compromise or Potential Compromise. The compromise or potential compromise of
DCYF shared Data must be reported to the DCYF Contact designated in the Contractwithin one (,1)
business day of discovery. lf no DCYF Contact is designated inthe Contract, then the notification mustbereportedtotheDcYFPrivacyofficerat:.Contractormustalsotake
actions to mitigate the risk of loss and comply with any notification or otheriequirements imposed by
law or DCYF.
15. Breach of Data. ln the event of a breach by the Contractor of this Exhibit and in addition to all other
rights and remedies available to DCYF, DCYF may elect to do any of the following:
a, Terminate the Contract;
b' Require that the Contractor return all Data to DCYF that was previously provided to the Contractor
Department of Children, Youth & Families
2O17CF County Program Agreement 624-20 page 16
Data stored on:Will be destroyed by:
Server or workstation hard disks, or
Removable media (e.g. floppies, USB flash
drives, portable hard disks) excluding optical
discs
Using a "wipe" utility which will ovenrrrite the Data at
least three (3) times using either random or single
character data, or
Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Confidential I nformation
Recycling through a contracted firm, provided the
contract with the recycler assures that the
confidentiali ty of Data will be protected
Paper documents containing Confidential
lnformation requiring special handling (e.g
protected health information)
On-site shredding, pulping, or incineration
Opticaldiscs (e.9. CDs or DVDs)lncineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Magnetic tape Degaussing, incine rating or crosscut shredding
16
Depadment of Children, Youth & Families
2O17CF County Program Agreement *24-20
Special Terms and Conditions
by DCYF; or
c. Suspend the Contractor's access to accounts and other information
Public Disclosure.
a. lf a third party requestor seeks information of the Contractor for DCYF Data, a copy of the
notice/request shall be emailed to DCYF by way of the DCYF Contracts and Procurement Office
email at dcvf.cqntrgctdat$breachl&dgyf"w"g"uny within three calendar (3) days of third party requesl
b. DCYF Contracts and Procurement Office will respond to the Contractor on how to proceed with the
request within five (5) calendar days of receiving such notification.
Page 17
1
Special Terms and Conditions
Exhibit B
STATEMENT OF WORK
lndividual - Alternative Choice Training (|-ACT)
Training and Consultation for County Juvenile Courts
Service Delivery
The Contractor shall provide to statewide |-ACT Trainers, by telephone or in-person, clinical
consultation services. Services shall include, but are not limited to:
a. Providing clinical consultation to i-ACT Trainers throughout the state;
b. Participating in and providing i-ACT Trainer training;
c. Monitoring by direct observation or video recordings of |-ACT sessions for adherence and
compliance to |-ACT program standards;
d. Reporting monitoring results to the JR Juvenile Court Program Administrator and to the statewide
WSART Quality Assurance Specialist on a monthly basis;
e. Providing assistance with individual |-ACT Trainers improvement plans; and
f. Participating in implementation and ongoing program development meetings.
Deliverables
a. Monthly Reporting
The Contractor shall provide monthly activity and monitoring summary reports to the JR Juvenile
Court Program Admi nistrator.
b. Quarterly Reporting
The Contractor on a quarterly basis shall provide the JR Juvenile Court Program Administrator and
the Statewide WSART Quality Assurance Specialist (OAS) a report that summarizes the following
information for all i-ACT Trainers served that quarter:
('1) Number of I-ACT Trainers served;
(2) Number of |-ACT Trainers placed on lnformal lmprovement plans;
(3) Number of i-ACT Trainers who successfully completed their lnformal lmprovement plans;
(4) Number of i-ACT Trainers who did not complete or unsuccessfully completed their lnformal
lmprovement Plans and were refened to the WSART QAS for further action.
c. Outcome Reporting
The Contractor shall report to the JR Juvenile Court Program Administrator at the completion of
services to i-ACT Trainers the following information:
2.
Department of Children, Youth & Families
2O17CF County Program Agreement 624-20 Page'18
Special Terms and Conditions
(1) The frequency of participation of each Juvenile Court's |-ACT Trainers participation in telephone
consultation;
(2) Any changes in the Juvenile Courts' |-ACT program.
3. DCYF Program Contact
The Contractor shall notify the DCYF Program Contact listed below for any questions or issues related
to services under this contract:
Cory Redman
J uvenile Court Programs Administrator
Juvenile Rehabilitation - HQ
360.902.8079
ffie*mxf,A#dshs.wa.qav
4. Consideration
Total consideration payable to Contractor for satisfactory performance of the work under this Contract
is up to a maximum of $14,476.00 including any and all expenses, and shall be based on the following:
a. The maximum consideration payable for Fiscal Year 2021 is $14,476.00. Funds not expended in
Fiscal Year 2021 cannot be carried over to the following Fiscal year.
b. The Contractor shall be paid $46.00 per hour for clinical consultation services and payment shall be
based upon the JR Juvenile Court Program Administrator receipt and approval of monthly summary
report.
c. The Contractor shall only be reimbursed for travel costs pre-approved in writing by the JR Juvenile
Court Program Administrator.
Depadment of Children, Youth & Families
2017CF County Program Agreement 624-20 Page 19