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HomeMy WebLinkAboutDCYF Contract and Terms-Conditions AgreementCOUNTY PROGRAM AGREEMENT Consolidated Contract DCYF Agreement Number 2163-22205 GeneralTerms and Conditions, which is incorporated by reference isTh ram reem ent IS d dn tbetween ehProgAg ofState as inh nbygto rtment Sof oc a na Head th rVSeDep ce S CYFD a dn ht Cou n id tifien ed()ty na d issued tnbelow nu tonct hwit Coa nU d dn DCYF ere mconJ ent notyAg Administration or Division Agreement Number County Agreement Number DCYF ADMINISTRATION Department of Children, Youth, and Families DCYF DIVISION Children, Youth and Families DCYF INDEX NUMBER 1225 CCS CONTRACT CODE 2072CS-63 ELEPHONE E.MAIL karena.m DCYF 7 WA OV or wA 98504 DCYF NAME AND DCYF Click here to enter text '1 '115 Washington St SEKarena McGovern Contract Specialist COUNTY NAME Kittitas County COUNTY DBA Rm 211 Kittitas Co Courthouse 205 W Fifth st Ellensburg, WA 98926 COUNTY ADDRESS couNry uNtFoRM ausrruas- rDeNTnre np6g- 192-002-673 COUNTY CONTACT NAME Katrina Mankus COUNTY CONTACT TE (509) 962-7516 LEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL katrina.m ankus@co.kittitas.wa, usIS THE COUNTY A SUBRECIPI AGREEMENT? sxl p No CFDA NUMBERS PROGRAM AGREEMENT START DATE 07t01t2021 PROGRAM AGREEM ENT END DATE 06t30t2023 N4AXr M uM pRocRAM ncnrgMeNT nMouNT- See Exhibits nsibil HIEX BI TS nWhe eth belbox ow mS a rked hwit na X het fo owrn Ex ibh ts a re chatta edg d and re nco drporatetotnISthnCouPramtyreementrogAg Exh b itsX Exhi(spec b it oCons dtid Conted Ttract rme etmR ub rseme nt Procedure danS,ramProgResitieshExBibitJuvenColertulockBraGntExhitbcntioDeteSnrvtces ent that they ll be binding heT and ndco oiti ofNS th CoS ntract a re tonrat ndinteg tirepresenta ofon,the nafi ntie re nd exc USIVEuetweenhertiesnderstandingSUrsettdipamndepeOUSrgingmeprevwritinanagreents,d commg unicati on oralordAotherwistheregamctofatterthngsubjecsontractThertiestnbelowparessrgngrepharead6ndVEundersthisandContract,ha thVE AUAtand to thexecute sthority ntract.Co ContractThis S ha DC YF onlyuDCnatureYF SIG (s) *.,q{/^ l q,^/'f J ,.,t*ac (s)L-Y PRI NAME (S)DATE (S) SIGNED €r- tB-el ftl--/r-J e\/ e,f\.\*CJA'4-\/ AND DATE Department of Children, youth, and Famities 2072C5 County Consolidated program Agreement 6-20-2019 1. Definitions The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Contractor" means the County. b. 'DCYF' means the Department of Children, Youth, and Families. c. "Emergency Health Care" means care, services, and supplies for an acute or unexpected health need that requires immediate evaluation or treatment by a health care practitioner. d. "JR means the Juvenile Rehabilitation which is under the DCyF. e. "JR Bulletins/Policies" means the JR Administrative Policies, which direct JR expectations. f. "Limited Access" means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties. g' "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 aciivities or work duties. 2. Background Checks a. This requirement applies to any employees, volunteers and subcontractors who may have unsupervised access to children served under this contract. b' ln accordance with Chapters 3BB-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 client/juvenile 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 or will have limited access toany client/juvenile, may be required to be cleared through a JR approved criminal history andbackground check. c. 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 ofany of the foltowing: (1) Any felony sex offense as defined in g.94A.030 RCW (Sentencing Reform Act-Definitions) and94.44.130 RCW (Sex Offenses); (2) Any crime-specified in Chapter 94.44 RCW (Sex Offenses) when the victim was a juvenile in thecustody of or under the jurisdiction of JR; or (3) Any violent offense as defined in 9.944.030 RcW (Sentencing Reform Act-Definitions). d' contractor must require that current employees, volunteers, and contracted service providers whoare authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of theabove offenses. The reporl must be made to the person'r i,ip"riior wi-thin seven 1zy oays orconviction and any person who have reported a guilty plea oiconviction for one or more of theseoffenses must not have regular access to any ofiender. Contractor shall also documentbackg rou nd checks/criminal history clearances for monitoring purposes. Department of Children, youth, and Families 2072C5 County Consolidated program Agreemenl 6_20_2019 2 3. Sexual Misconduct a. 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. 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). c. ln 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 d. lf 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 contacf with any offender. The Contract shall not be renewed unless the Secretary determines significant progress has been made. 4. Subcontractor lf the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractormust notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet allthe requirements under this Contract. ln no event shall the existence of a subcontract release orreduce the liability of the county for any breach of performance. 5. Monitoring The County shall assist the JR to perform reviews of sites where services are delivered at regularintervals using agreed upon forms and methods. 6. Billing and Payment a. lf reports required under this Contract are delinquent, DCYF, JR may stop payment to thecontractor untir such required reports are submitted to JR. b' The Contractor agrees to accept this payment as total and complete remuneration for servicesprovided to offenders under this agreement. This does not preclude the Contractor from seekingother funding sources. No indirect costs are allowed. c' The contractor shall use these funds to supplement, not supplant, the amount of federal, state, andlocal funds othenrvise expended for the services provided ,nouitnis agieement. d' Under no circumstance shall the Contractor bill twice for the same services. Department of Children, youth, and Families 2072C5 County Consolidated program Agreement 6-20-2019 e. The Contractor shall maintain backup documentation of all costs billed under this contract. f. lf the Contractor bills and is paid fees for services that JR later finds were either 1) not delivered or 2) not delivered in accordance with this contract or contract attachments, JR shall recoverfees and the Contractor shall fully cooperate. 7. Gompliance with JR Policies and Standards a. ln addition to the governing Federal and State laws and regulations, the Contractor shall comply with all DCYF and JR Rules and Policies as applicable to the services provided. b. ln case of conflict or inconsistency between the aforementioned, the higher standard of compliance shall prevail. 4 Department.of Children, youth, and Famities 2072CS County Consolidated program Agreement 6_20_2019 1. 2. 3. EXHIBIT A Consolidated Contract Term, Reimbursement Procedures, and Program Responsibilities Purpose The purpose of this Agreement is to fund and support the program services described in the attached Statements of Work. The contract term begins July 1 , 2021 and expires June 30, 2023. Funding As of July 1, 2021 the rates paid to the County will be the rate calculated for State Fiscat Year (SFy) 2022-2023. lf by July 1,2021 the County does not have a completed written application for funding approved by JR and signed by both parties, JR will temporarily reimburse the county according to the iates from the State Fiscal Year Consolidated Contract 2020-2021 (DCYF No. 1963-59052) untit September i,2021 to provide for continuity of services. Once the County's application is signed and approved, the SFY 2022-2023 funding rate shall apply retroactively to July 1, 2021 and the County is responsible for adjusting its expenditures during ihe remainder of the agreement term to account for any discrepancies. lf the County has not properly accounted for the difference between the two rates by April 30, 2022, JRmay adjust the amount reimbursed to the County for the finaltwo months of the agreement to account for these d iscrepancies. Statements of Work fs 9f .l{V 1,2021, the County is responsible for adhering to the Statements of Work described in theExhibit B: Stateme Crant and Exhibit C: Statement of Work _ %uerenlron :'etvlces. lf by July 1,2021 the County does not have a completed written application for funding approved by JRandsigned by both parties, the statements of workfrom the State FiscalYearConsolidated Contract2020-2021(DCYF No. 1963-59052) shall applyto allwork performed underthis agreement untilSeptember 1,2021 to provide for continuity of services. Once the County's application is signed and approved, the County shall be responsible for providingservices in accordance with the SFY 2022-2023 Statements of Work from that date forward. Late Applications lf the County does not have a completed written application for funding approved by JR and signed byboth parties by September 1,2021, JR may disconiinue reimbursement untilthe application iscompleted and approved. 4. Department of Children, youth, and Families 2072C5 County Consolidated program Agreement 6_20_2019 5 EXHIBIT B STATEMENT OF WORK Juvenile Court Block Grant 1.Purpose As mandated by the Washington State Legislature, the purpose of this contract is to provide funding to County Juvenile Courts throughout the State of Washington to support Block Grant programs for juvenile offenders. These programs include, but are not limited to the following: . Consolidated Juvenile Services At-Risk (CJS);, Special Sex Offender Disposition Alternative (SSODA);. Chemical Dependency and Mental Health Disposition Alternative (CDMHDA);. Suspended Disposition Alternative (SDA),. Community Juvenile Accountability Act (CJAA)/Evidence Based Programs (CJAA); and. Promising Programs. 2. Program descriptions and requirements are outlined in the Block Grant Contract SFY 2022t23 Application, Budget, and Monitoring lnstructions provided by the Juvenile Rehabilitation (JR). General Requirements The County Juvenile Court shall: a. Provide projects and services in compliance with the County's Block Grant Contract SFy 2O22tZ3 Application, Budget, and Monitoring lnstructions (herein referred to as the "Application") and the County's Approved Response (herein referred to as the "Application Response") b' Administer the Washington State Juvenile Court Prescreen Assessment or full Risk Assessment toallyouth on probation supervision in accordance with the timeline specified in the County's Application Response; c. Administer a Washington State Juvenile Court Risk Assessment to all youth who are moderate tohigh risk on the prescreen assessment, and a reassessment to all moderate to high risk youth atthe end of probation, in accordance with the timeline specified in the County's Apflication Response; d. Establish programs designed to impact the outcomes statewide by: ('1 ) Decreasing recidivism; (2) Decreasing commitments to the JR; and (3) Maintaining or increasing the number of committable youth receiving services in theircommunity. e' Upon JR's request, provide JR and the Washington State lnstitute of public policy (WSlpp), withstatistical risk assessment data necessary to delermine program impacts on the statewideoutcomes as agreed upon between JR and the county iuvenile court; f' Consistent with Rcw, provide JR with information necessary for the JR to provide oversight of the Department of Children, Youth, and Families 2072CS County Consotidated program Agreement 6_20_2019 County Juvenile Court Block Grant, consistent with the responsibilities and duties of JR; g. Comply with all applicable local, state, and federal licensing and accreditation requirements and standards necessary in the performance of this Contract; and h. When licensing or other statutory requirements differ from contract requirements, meet whichever requirement imposes the higher standard. Any variance from licensing requirements shall require a licensing waiver. 3. Supervision and Programs All supervision and program services performed by the County Juvenile Court under the terms of this Agreement shall be in conformance with the County's Application and the County's Application Response. The County shall provide all services in compliance with applicable RCW, WAC, and Appellate case law for the following programs within available resources: a. Consolidated Juvenile Services (CJS) At-Risk Programs - The County Juvenile Court shall provide services pursuant to RCW 13.06, Chapter 3BB-7i0 WAC b. Special Sex Offender Disposition Alternative (SSODA) - The County Juvenile Court shal provide services pursuant to RCW 13.40.162 and the following standards: (1) ln a timely manner, pursuant to RCW 4.24.550, provide local law enforcement officials with all relevant information about offenders placed on the SSODA program. Additionally, for the purpose of risk level classification, provide Juvenile Rehabilitation with all relevant information for the End of Sentence Review Juvenile Subcommittee in accordance with RCW 72.0g.345 for youth adjudicated for any registerable sex offense. This includes SSODA offenses and any other sex offenses that require registration. The Juvenile Risk Level Classification process and Contact lnformation is hereby incorporated by reference. (2) Provide a combination of services identified in the Sex Offender Treatment provider assessment and the Washington State Juvenile Court Risk Assessment, deemed most effective to decrease recidivism, increase youth protective factors, and decrease youth risk factors. Specifics of family, group, or individual sessions shall be identified in the providertreatment planprovided during assessment and shall be updated quarterly Document in the case record reductions in the levels of supervision and support for such reductions. c. Chemical Dependency and Mental Health Disposition Alternative (CDMHDA) (1) The county shall provide services pursuant to RCW 13.49.165 and the following standards: (a) Utilize a Division of Behavioral Health and Recovery (DBHR) approved chemicaldependency assessment as detailed in Attachment A of the County's Application; (b) lnclude family service strategies and components; and (c) lnclude random urinalysis testing. (2) Courts may utilize deferred or stipulated order of continuance with CDMHDA eligible youth. d. Suspended Disposition Atternative (SDA) Services (1) The County shall provide services p Department of Children, youth, and Families 2O72CS County Consolidated program Agreement 6_20_201g 7 ursuant to RCW 13 40 .0357 e. Community Juvenile Accountability Act/Evidence Based Programs (CJAA) The County will comply with the statewide Evidence Based Quality Assurance plans and the following program standards: ('l) For Functional Family Therapy (FFT): (a) General precepts/practices contained in FFT, lnc. lnitial 3-Day Training; (b) Assessment/Reporting Standards contained in FFT, LLC. 1-Day Systems Training; (c) Clinical feedback from FFT, LLC in on-going consultation and site visits; (d) Feedback from designated FFT statewide Quality Assurance Administrator in on-going consultation and site visits, and (e) Precepts/practices of FFT contained in Blueprints for Violence Prevention. (2) For Multi-Systemic Therapy (MST): (a) Precepts/practices of MST contained in Blueprints for Violence Prevention; and (b) General precepts/practices contained in training, consultation, and clinical oversight as provided by the University of Washington. (3) For Coordination of Services (COS): (a) General precepts and practices contained in the COS Statewide Manual. (b) Feedback from designated COS statewide Quality Assurance Specialist in on-going consultation and site visits. (4) Family lntegrated Transitions (FlT): (a) Precepts/practices of FIT contained in University of Washington Program Manual; and (b) General precepts/practices conlained in training, consultation, and clinical oversight asprovided by the University of Washington. (c) clinical guidance as supptied by the university of washington. (5) Employment Education and Training (EET): (a) General precepts and practices contained in the EET Statewide Manual. (b) Feedback from designated EET statewide Quality Assurance Specialist in on-goingconsultation and site visits. f. Promising Programs County Juvenile Courts may utilize their funding to implement a promising program when they havemet the criteria developed by the washington State lnstitute for public eoiicy l"no upproued by theCJAA Advisory Committee. Department of Children, youth, and Families 2072C5 County Consolidated program Agreement 6_20_2019 B 4. Performance-BasedContractinglmplementation DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by House Bill 1661. The purpose of this change is to help achieve DCYF's long-term outcome goals, with a focus on building parlnerships, using data to learn and improve, and advancing racial equity. a. DCYF Outcome Goals supported by Juvenile Courts' EBPs include: (1) Parents and caregivers are supported to meet the needs of children and youth; (2) Youth school engagement; (3) High schoolgraduation; and (4) Youth mental/behavioral health. b. Quality Measures The quality measures below only apply to Juvenile Court EBPs, which are described in Exhibit B: Statement of Work - Juvenile Block Grant. The Contractorshall parlicipate in ongoing reporting, monitoring, and discussion with DCYF for the following quality measures (progrJm S-tarts): Program Starts 5. Consideration a.The maximum considergtlo_llol this agreement is identified in the "county Juvenile court pass through Distribution sFy 2022123", heieby incorporated oy reference. A revenue sharing process shall be made available during the latter part of the fiscal year for allcounties participating in the Block Grant, provided fundinj is available or unless othenruise agreedupon by the JR and the Juvenile Court Administrators. The full list of priorities for revenue sharing will be provided by the JR and developed inDepartment of Children, youth, and Families 2072CS County Consolidated program Agreement 6-20-2019 I Goal access needed Evidence-Based programs (EBps)Youth Metric Number of youth who start an EBp Target 100% of youth identified i s application to start an EBpn contractor' Re irement Reporting Contractors will continue to report PACT (See Secfio n 2.b & c)program starts in Performance Management AN/info rmati nao on WIDCYF colilly basellect dine ta ud ri eth con tra ctng ioer tod lidatVAp the6 a nd id e a rttargetor nma macentifype ement thtool enag llowfo n co tran ct dgpeno Continuous lmprovement FDCY WI SU co nnti USUOpport m en estaimprove ISbl inh aby rman cegperfo fee d looback to S ha are revndp EW orma n ce atad hwitperf con tractors leastat na UAn c collaboration with the County Juvenile Courts. The County Juvenile Court shall submit their "Revenue Sharing Requests/Returns Form" to their respective RegionalAdministrators no later than May 15th oras agreed upon bythe JR and Juvenile CourtAdministrators. Late submittals shall not be considered. Revenue sharing increases and decreases will be awarded by distribution of an updated "County Juvenile Court Pass through Distribution SFY 2022123". The total maximum consideration for this contract may increase or decrease, depending on the results of revenue sharing distributions and changes in appropriations as directed by the leg islature. b. The Chemical Dependency and Mental Health Disposition Alternative (CDMHDA) reimbursement rates for treatment shall be based on the approved Managed Care Organization (MCO) reimbursement rates for treatment. The Juvenile Rehabilitation suggests that the courts request and receive a copy of the approved MCo reimbursement rates for treatment. The County Juvenile Courts shall not be reimbursed for youth placed on consecutive or combined CDMHDA sentences that exceed '12 months active supervision. UNLESS the offense date of an additional CDMHDA sentence occurs after the termination date of the preceding CDMHDA disposition OR the youth begins as a CDMHDA Local Sanction and then is senienced to CDMHDA Committable for a new offense Billing and Payment a. Monthly invoices (A-19) are to be submitted to JR each month for services provided. JR retains the right to withhold payment for incomplete or delinquent reimbursement packages. lnvoices shall include the following documents provided by the JR and completed by the C6ung: (1) Required sentencing worksheets and Disposition Orders for SSODA, CDMHDA, and SDA Committable youth; (2) Monthly Program Updates for each Evidence Based Program and promising program; (3) Roster Reports for local sanction and committable youth for all Disposition Alternatives, and (4) Monthly Business lntelligence Tool (BlT) Summary Report for evidence-based programs. b. The County Juvenile Court may utilize theirfunding to implement a promising program when theyhave met the criteria developed by the Washington State lnstitute for public Folicy-and upprouuJ'Uythe CJM Advisory Committee. c' Costs related to risk assessment may be billed in the formula of three (3) hours of the provider,stime for each moderate to high-risk youth assigned to a probation caseload. Reassessment costsare not billable. Risk Assessment costs will be billed separately. d' Costs incurred for direct treatment services may be billed for youth residing out of state whom areon a SSODA, CDMHDA, or SDA. e' costs incurred for supervision of youth on a ssoDA, CDMHDA, or SDA may be billed for the actualtime spent providing supervision at the rate of the probation counselor providing the supervision. f' Detention costs, for up to 30 days per period of confinement and consistent with RCW 13.40.200, b. Department of Children, youth, and Families 2072CS County Consolidated program Agreement 6_20_2019 10 7 8. for SSODA, CDMHDA, and SDA committable offenders will be reimbursed at a rate no higher than that charged to other courts purchasing beds. g. For SSODA, CDMHDA, and SDA programs, the County shall be eligible for reimbursement for supervision costs for up to 14 days following a youth being placed on absconder status and a warrant being issued. Program payment will be reinstated when the youth is apprehended. h. Reimbursement for SSODA expenses may be for up to two years. lf a youth is extended beyond two years, the juvenile court must provide JR with a court order documenting the extension. The court may continue to be reimbursed for SSODA expenses throughout the extension. For CDMHDA programs, a chemical dependency inpatient treatment provider shall be reimbursed forservices uplo72 hours following discharge, if a committable youth has been discharged from a subcontracted inpatient facility on a temporary basis and is expected to return, and/or if a committable youth has left the program against clinical advice and the bed is being held for readmission. j. For CDMHDA programs, in the event of a revocation, the County shall be eligible for reimbursement for treatment services until the youth is committed to JR. k. For CDMHDA programs, the County shall be eligible for reimbursement in the event of a new offense for up to 14 days from arrest. Payment is reinstated when the youth is placed back to active CDMHDA status. I' Reimbursement for administrative and equipment costs shall not exceed 15% of the original annual allotment. Administrative costs shall remain with the agency providing services paid unier this contract, include discrete, assignable activities, and cost necessary for overall management and support of a program. m' The County must maintain backup documentation of all costs billed under this Block Grant Contract and provide this information as requested by the JR. Racial and Ethnic Disparity Reporting a. Juvenile Courts shall continue to build on work to address Racial and Ethnic Disparities (RED) as itrelates to RCW 13.06'050. This RCW applies to conditions for counties to receive state iunds andincludes a requirement to annually review and analyze racial disproportionality information. b' Juvenile Courts shall review their own data and processes to see if barriers are present regardingequity in access to juvenile court services. Juvenile Courts will identify areas in need ofimprovement' They will then create and implement an action-oriented plan to include strategies thatwill result in measurable improvements of the identified inequities in the Response to Application. Items lncorporated by Reference a. county Juvenile court pass through Distribution sFy 2o22lz3 b' Block Grant Contract sF.Y 2022123 Application, Budget, and Monitoring lnstructions and theCounty's Approved Application Response; c. Consolidated Juvenile Services programs: Chapter 3gB.Zt0 WnC. d. RCW's 13.06; 13.40.162., 13.40.165; 70.964.520; 13.40.50!; Department of Children, youth, and Families 2072C5 County Consolidated program Agreement 6_20_2019 11 9. e. J uve n i l-e -O- ffe-lld.e r Sen ten ci.ng St-an da rd s ( 1 3,4.0.0 3 5 7) ; f. Evidence-Base4fublic Policy Qptions to Reduce,Future Prispn.Construction (October 2009); and g. Juvenile Risk Level Classification Process and Contact lnformation. JR Program Contact lnformation The primary program contact for Juvenile Court Block Grant for DCYF shall be: Cory Redman Juvenile Court Programs Administrator Juvenile Rehabi litation 1 115 Washington St. SE 98504-4570 360.902.8079 corv. redman@dcyf.wa. gov Department of Children, Youth, and Families 2072C5 County Consolidated program Agreement 6-20_2019 12 EXHIBIT C STATEMENT OF WORK Detention Services 1. Purpose To provide secure detention services to youth pending transportation to a JR residential facility that are: 1) state committed; 2) parole revoked; or 3) community facility transfers. 2. Contractor Obligations a. The Contractor shall provide secure detention center services including care, custody, supervision, education, and recreation to the following JR youth while in detention: (1) For youth who are committed to the state, the contractor shall: (a) Make direct contact with the JR designated staff of commitment (b) Provide and make available to JR with the following information for each youth committed toJR: i. Court Order ii. Complete Sentencing Worksheet iii. Contact lnformation for youth,s parents/Guardian (c) Detention stays become billable upon notification and receipt of the above documentation byJR (except when information is received after 4:00 pm on a Friday), (2) Make available the following information for each youth committed to JR: (a) lnformation to the Court on the Offense (b) Police Reports on the Offense (c) Victim Witness lnterviews (when completed for sex offenders) (d) previous Reporls to the Court (if available) (e) lncidents Reports from current Detention stays (if applicable) (f) other Social File Materials (e.g., mental health reports, school information, etc.) (3) For youth who are on parole revocation or, if applicable, a community facility transfer due tothreats of health or safety of others. 3. Consideration The contractor shall be reimbursed at the rate of $127.00 per day, per youth for detention services.The contractor shail be guaranteed the firsrday oi aeiention services. Department of Children, youth, and Families 2072C5 County Consotidated program Agreement 6_20-2}] 9 4 a. For youth who are committed to the State, Billable days will be those days that the youth spends the night in the detention facility providing: (1) JR staff is notified and receives the required information identifiedin2.a. (2) above and shall end upon release of the youth to a JR staff's custody; and (2) Notification and receipt of required information received prior to 4:00 pm on a Friday is billable. (3) However, notification and receipt of required information received after 4:00 pm Friday through the weekend is not billable until the following Monday (excluding holidays). b. For youth who are on parole revocation or a community facility transfers due to threats to health or safety of others, Billable days will be those days that the youth spends the night in the detentionfacility. \ c. Medical Cost of JR Detained Youth (1) lnadditiontotheperdaybedrate,JRshall beresponsibleformedical costsotherthanthe routine medical attention provided in detention incurred by the County. Except for emergency health care JR shall not pay for non-routine medical care unless the County obtains pre-- approval from JR that the care is necessary. (2) JR shall be responsible for any security costs for correctional staff required to safely transport and supervise the juvenile to necessary and approved off-site health care for furthertreatment. The County will coordinate with JR if a health care stay exceeds 24-hours so JR can make arrangements for ongoing security and custody. Payment and Billing The Contractor shall submit monthly A-19 lnvoice Vouchers with supporting documentation to the JRRegional office each month for services provided, which shall include: a. Name of youth; b. Date of admission to detention; c. Date and time of release from detention; and d. Number of billable days. Department of Children, youth, and Families 2072CS County Consotidated program Agreement 6_20_2019 14 ADOPTED this /1lilnill ATTEST U-b,.day of 2021 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY,HINGTON Cha n acz,vice-cfigjSEilIf Cory Wright, Commissioner APPR D AS TO FORM k-zz** Douglas R, Mit ell, Deputy Prosecuting Attorney { br"/,,t) n plerk of the Board- Julie Kjorsvik WDeputy Clerk of the Board- Mandy Buchho ti DCYF and COUNTY AGREEMENT ON GENERAL TERMS AND CONDITIONS DCYF Contract Number 2183-22436 These General Terms and Conditions are between the state of Washington Department of Children Youth & Families (DCYF) and the County identified below. These General rerms and conditions govern work to be pefformed under any Program Agreement between the parties. These General Terms and conditions supersede and replace any previously executed General rerms and Conditions as of the start date below. County Contract Number TERM OF AGREEMENT: The term of this Agreement on Ge neral Terms and Conditions shall start and end on thefollowing dates, unless terminated sooner as provided herein. START DATE: 0710112021 END DATE: 0613012022 COUNTY NAME Kittitas County DCYF INDEX NUMBER 1225 COUNTYADDRESS Juvenile Court Services Department 205 West 5th Ave Suite 211 Ellensburg, WA 98926 COUNTY TELEPHONE (509) 962-7516 COUNTY FAX NTMCTS D DCYF CO DEPARTMENT DCYF CONTRACTS DEPARTMENT PO Box 40983 (360)688-6803 o ra wA 98504-0983 their natures below the arties e to this reement on General Terms and Con ditions RE(S)PRI AND TITLE(S)tt';P<,TELEPH UMBERL0NCLUDE AREA CODE) 614 Arta^fi36-tE-b4 6vW"' OdvJ J^*( D R [4-4'tzLe*zkol e-*\t (tN CLU DE CODE) 70,-7 *zv -z ,x 4te+'O. Department of Children, youth & Families 2081 CF County Agreement - General Terms and Conditions (8-1_2Ol 9)Page I 1 DCYF/County General Terms & Conditions Definitions. The words and phrases listed below, as used in the Agreement, shall each have the following definitions: a. "Agreement" means this Department of Children Youth & Families (DCYF) County Agreement on General Terms and Conditions and any exhibits and other documents attached or incorporated by reference. Unless plainly inconsistent with context, the term "Agreement" includes and refers to all such agreements collectively. b. "CFR' means the Code of Federal Regulations. All references in this Agreement and any Program Agreement to CFR chapters or sections shall include any successor, amended, or replacement regulation. c. "County" means the political subdivision of the state of Washington named above performing services pursuant to this Agreement and any program Agreement. d. "County Representative" means an individual in the position of County Manager, County Administrator, County Executive, or other similar position which reports to the highest governing body responsible for the subject matter of the Agreement or applicable Program Agreement(s). e. DCYF Contracts Administrator" means the individual in the DCYF Contracts Department with oversight authority for the Department of Children Youth & Families statewide agency contracting procedures, or their appropriate designee. f' 'DCYF Contracts Department" means the Department of Children Youth & Families statewide agency headquarters contracting office, or successor section or office. g. 'DCYF Representative"means any DCYF employee who has been delegated contract- signing authority by the DCYF Secretary or his/her designee. h. "Department of Children, Youth & Families" or "DCYF" means the Washington agencydevoted exclusively to serve and support Washington state's youth and th6ir families. i. "Debarment" means an action taken by a federalofficialto exclude a person orbusiness entity from participating in transactions involving certain federalfunds. j. "General Terms and Conditions" means the contractual provisions contained within thisAgreement, which govern the contractual relationship between DCyF and the County,under the Program Agreements subsidiary to and incorporating therein by reference thisAgreement. k. "Program Agreement" or''county program Agreement,,means a written agreementbetween DCYF and the County containing sp=ecial terms and conditions, including astatement of work to be performed by the county and payment to be made by DcyF.This term may alsorefer to an agreement between DCYF and the County, *ni.n *r,transferred to DCyF by operation of law. l' "RcW' means the Revised Code of Washington. All references in this Agreement andany Program Agreement to RCW chapters or sections shall include "ny Ju..urror,amended, or replacement statute. Department of Children, youth & Families 2081 CF County Agreement - General Terms and Conditions (8_1_2019) Page 2 2. 3. DCYF/County General Terms & Conditions m. "Secretary" means the individual appointed by the Governor, State of Washington, as the head of DCYF, or his/her designee. n. "Subcontract" means a separate Agreement between the County and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the County shall perform pursuant to any Program Agreement. o. "USC" means the United States Code. All references in this Agreement and any Program Agreement to USC chapters or sections shall include any successor, amended, or replacement statute. p. "WAC" means the Washington Administrative Code. All references in this Agreement and any Program Agreement to WAC chapters or sections shall include any successor, amended, or replacement regulation. Amendment. This Agreement, or any term or condition thereof, may be modified only by a written amendment sig ned by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. Assignment. Except as otherwise provided herein in Section 21,lhe County shall not assign rights or obligations derived from this Agreement or any Program Agreement to a third party without the prior, written consent of the DCYF Contracts Administiator and the written assumption of the County's obligations by the third party. Billing Limitations. Unless otherwise specified in a Program Agreement, DCyF shall not pay any claims for services submitted more than twelve (12) months after the calendar month in which the services were performed. Gompliance with Applicable Law. At all times during the term of this Agreement and any Program Agreement, the County and DCYF shall comply with allapplicable federal, state, and local laws, regulations, and rules, including but not limited to, nondiscrimination laws and regulations and the Health lnsurance Portability and Accountability Act of 1g96 (HTPAA). County Certification Regarding Ethics. By signing this Agreement, the County certifies th_at the County is in compliance with Chapter 42.23 RCW and snatt comply with Chapter42.23 RCW throughout the term of this Agreement and any program Agreement. Debarment Certification. The County, by signature to this Agreement, certifies that theCounty is not presently debarred, suspended, proposed for deiarment, declared ineligible,or voluntarily excluded from participating in this Agreement or any program Agreement byany federal department or agency. The county also agrees to includJthe ab6verequirement in all subcontracts into which it eniers. Disputes. Both DCYF and the 99un1Y ("Parties") agree to work in good faith to resolve all conflicts atthe lowest level possible. However, if the Parties are noiable to prompfly and efficienlyresolve, through direct informal contact, any dispute "on.urning the inteipretatLn,application, or imFlementation of any section of the Agreurn"nior' applicable programAgreement(s), either Party may redice its description"oi ft," dispute in writing, and deliver 4. 5 6. 7 8. Department of Children, youth & Families 20BlCF County Agreement - Generat Terms and Conditions (8_1_2019) Page 3 DCYF/County General Terms & Conditions it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. lf the managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. lf the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the secretary of DCyF ("Secretary") and the County Representative or their deputy or designated delegate. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and the County Representative. Upon receipt of the referral and relevant documentation, the Secretary and County Representative will confer to consider the potential options for resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and County Representative may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute, lf the Secretary and County Representative are unable to come to a mutually acceptable decision within fifteen (15) days, they may agree to issue an extension to allow for more time. 9. 10 1',|. Both Padies agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under the Agreement or applicable Program Agreement(s) that are not affected by the dispute. The final decision will be put in writing and will be signed by both the Secretary and County Representative. lf the Agreement is active at the time of resolution and amendment of the Agreement is warranted for ongoing clarity, the Parties will execute an amendment toincorporate the final decision into the Agreement. lf this dispute process is used, the resolution decision will be final and binding as to the matter reviewed and the dispute shallbe settled in accordance with the terms of the decision. Notwithstanding the foregoing, each Party reserves the right to litigate issues de novo in court. Entire Agreement. This Agreement and any program Agreement, including all documents attached to or incorporated by referen-e into either, shall contairi all the termsand conditions to be agreed upon by the parties. Upon execution of any program Agreement, this Agreement shall be considered incorporated into that progra'm Agreement by reference. No other understandings oi representations, oral or othenryise,regarding the subject matter of this Agreement oi any Program Agreement shall bedeemed to exist or bind the parties. Governing Law and Venue. The laws of the state of Washington govern this Agreement.ln the event of a lawsuit by the County against DCYF involving-tnis Agreement oi aProgram Agreement,_u9l1e shall be proper only in Thurston iounty,Washington. ln theevent of a lawsuit by DCYF against the County involving this Agreement or a program Agreement, venLre shail be proper onry as provided in Rcw 36.01.050. Responsibility. Each party to this Agreement shall be responsible forthe negligence of itsofficers, employees, and agents in the performqnce of any'program Agreement. No partyto this Agreement or any Program Agreement shall be responsible for the acts and/oromissions of entities or.individuals not party to this Agreement and any programAgreement' DCYF and the county shall cooperate in the defense of tort lawsuits, when Department of Children, youth & Families 2081CF County Agreement - ceneral Terms and Conditions (8_1_2019) Page 4 12. 13. 14 DCYF/County General Terms & Conditions possible. Both parties agree and understand that such cooperation may not be feasible in all circumstances. DCYF and the County agree to notify the attorneys of record in any tort lawsuit where both are parlies if either DCYF or the County enters into settlement negotiations. lt is understood that the notice shall occur prior to any negotiations, or as soon as possible thereafter, and the notice may be either written or oral. Independent Status. For purposes of this Agreement and any Program Agreement, the County acknowledges that the County is not an officer, employee, or agent of DCYF or the state of Washington. The County shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of DCYF or the state of Washington. The County shall not claim for itself or its employees any rights, privileges, or benefits which would accrue to an employee of the state of Washington. The County shall indemnify and hold harmless DCYF from all obligations to pay or withhold federal or state taxes or contributions on behalf of the County or the County's employees. Inspection. Either party may request reasonable access to the other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Agreement, any Program Agreement, and applicable laws and regulations. During the term of any Program Agreement and for one (1) year following termination or expiration of the Program Agreement, the parties shall, upon receiving reasonable written notice, provide the other party with access to its place of business and to its records which are relevant to its compliance with this Agreement, any program Agreement, and applicable laws and regulations. This provision shall not beLonstrued togive either party access to the other party's records and place of business for any otherpurpose. Nothing herein shall be construed to authorize either party to possess br copyrecords of the other party. lnsurance' DCYF certifies that it is self-insured under the State's self-insurance liabilityprogram, as provided by RCW 4.92.130, and shall pay for losses for which it is found tiiOte.The County certifies that it is self-insured, is a member of a risk pool, or maintains insurance coverage as required in any Program Agreements. T'he County shall pay forlosses for which it is found liable. 15. Maintenance of Records. During the term of this Agreement and for six (6) years following termination or expiration ofthis Agreement, both parties shall maintain records sufficient to: a. Document performance of all acts required by law, regulation, or this Agreement; b. Demonstrate accounting procedures, practices, and records that sufficienily andproperly document the County's invoices to DCYF and all expenditures made by theCounty to perform as required by this Agreement. 16' operation of General rerms and conditions. These General rerms and conditionsshall be incorporated by reference into each Program Agreement between the county andDCYF in effect on or after the start date of this Alreement. These General Terms andconditions govern and apply only to work perforrired under program Agie;ments betweenthe parties. 17 ' order of Precedence, ln the event of an inconsistency in this Agreement and any Department of Chitdren, youth & Famities 2081CF County Agreement - Generat Terms and Conditions (8_1_2019) Page 5 18. 19 20. 21 b. This Agreement; c. The Program Agreement(s). Ownership of Material. Material created by the County and paid for by DCYF as a part of any Program Agreement shall be owned by DCYF and shall be "work made for hire" as defined by 17 USC$ 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the County uses to perform a program Agreement but is not created for or paid for by DCYF is owned by the County and is not "work made for hire"; however, DCYF shall have a perpetual license to use this material for DCYF internal purposes at no charge to DCYF, provided that such license shall be limited to the extent which the County has a right to grant such a license. severability. The provisions of this Agreement and any program Agreement are severable. lf any court holds invalid any provision of this Agreemeni or a program Agreement, including.any provision of any document incorporated herein or therein byreference, that invalidity shall not affect the other provisions this Agreement or that piogram Agreement. Subcontracting. The County may subcontract services to be provided under a program Agreement, unless otherwise specified in that Program Agreement. lf DCYF, the County,and a subcontractor of the County are found by a jury or other trier of fact to be joinly and severally liable for personal injury damages arising from any act or omission underthis Agreement or any Program Agreement, then DCYF shall be responsible for itsproportionate share, and the County shall be responsible for its proportionate share.Should a subcontractor to the County pursuant to a Program Agreement be unable tosatisfy its joint and several liability, DcyF and the count-y shall share in thesubcontractor's unsatisfied proporlionate share in direct proportion to the respectivepercentage of their fault as found by the trier of fact, Nothing in this section shall beconstru-ed as creating a right or remedy of any kind or nature in any person or party otherthan DCYF and the County. This provision shall not apply in the event of a setilement byeither DCYF or the County. Subrecipients. a' General. lf the County is a subrecipient of federal awards as defined by 2 CFR part 200 and this Agreement, the County will: ('1) Maintain records that identify, in its accounts, allfederal awards received andexpended and the federal programs.under which they were received, by Catalog ofFederal Domestic Assistance (CFDA) title and numblr, award number "no y""r,name of the federar agency, and name of the pass-through entity; - J (2) Maintain internalcontrols that provide reasonable assurance that the County ismanaging federar awards in compriance with taws, regutati;;;, ;;;;riJi=io", or DCYF/County General Terms & Conditions Program Agreement, unless othenvise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: a. Applicable federal and state of Washington statutes and regulations; Department of Children, youth & Families 2081CF County Agreement - General Terms and Conditions (8_1_2019) Page 6 DCYF/County General Terms & Conditions contracts or grant agreements that could have a materialeffect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) lncorporale 2 CFR Part 200, Subpart F audit requirements into all agreements between the County and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title Vl of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Tifle il of the Americans with Disabilities Act of 1990, Title lX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non- Discrimination Regulations,28 c.F.R. part42, subparts c.D.E. and G, and 28 C.F.R. Part 35 and 39. 22. 23 b. Single Audit Act Compliance. lf the County is a subrecipient and expends $750,000 or more in federal awards from all sources in any fiscal year, the County will procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the County will: (1 ) Submit to the DCYF contact person the data collection form and reporting package specified in 2_CFR Part 200, Subpart F, reporls required by the program-ipecific audit guide (if applicable), and a copy of any management letters isiued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of prior Audit Findings" reporting the status of all audit findings included in the prior audlt's schedule offindings and questioned costs. c' Overpayments. lf it is determined by DCYF, or during the course of a required audit,that the county has been paid unallowable costs unoerthis or any program Agreement, DCYF may require the County to reimburse DCyF in-accoidance with 2CFR Part 200. Survivability. The terms and conditions contained in this Agreement or any program Agreement which, by their sense and context, are intended io survive the expiratlon of aparticular Program Agreement shall survive. Surviving terms include, but are not limited to:Disputes' Responsibility, lnspection, Maintenance of Records, Ownership of lvlateiiat,Subcontracting, Termination for Default, Termination Procedure, and Tiile to property. Termination Due to Change in Funding, Agreement Renegotiation or Suspension. lf the funds DCYF relied upon to establish any Program Agreement are withdrawn,reduced or limited, or if additional or modified-conditions aie placed on such funding, afterthe effective date of this Agreement but prior to the normat "orrrpr"iion ;i;;;;il;;* Department of Children, youth & Families 20BlCF County Agreemenl - Generat Terms and Conditions (8-1_20j9) Page 7 DCYF/County General Terms & Conditions Agreement: a. At DCYF's discretion, the Program Agreement may be renegotiated under the revised funding conditions. b. Upon no less than fifteen (15) calendar days' advance written notice to County, DCyF may suspend county's performance of any Program Agreement when DCyF determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow the County's per-formance to be resumed prior to the normal completion date of the Program Agreement. For purposes of this sub- section, "written notice" may include email. (1) Duringtheperiodof suspensionof performance,eachpartywill informtheotherof any conditions that may reasonably affect the potentialfor resumption of performance. (2) When DCYF determines that the funding insufficiency is resolved, it wi1 give the County written notice to resume performance. Upon the receipt of this notice, the County will provide written notice to DCYF informing DCYF whether it can resume performance and, if so, the date of resumption. (3) lf the county's proposed resumption date is not acceptable to DCyF and an acceptable date cannot be negotiated, DCyF may terminate the program Agreement by giving written notice to the County. The parties agreelhat the Program Agreement will be terminated retroactive to the effective date of suspension. DCYF shall be liable only for payment in accordance with the terms ofthe Program Agreement for services rendered through the retroactive date of termination. 24. 25. c. DCYF may terminate the Program Agreement by providing at least fifteen (15) calendar days' advance written notice to the County. DCVF shall be liable oniy forpayment in accordance with the terms of the Program Agreement for services renderedthrough the effective date of termination. No penltty shJll accrue to DCyF in the eventthe termination option in this section is exercised. Termination for Convenience. The DCYF Contracts Administrator, or appropriate designee,may terminate this Agreement or any program Agreement in whole or'in part forconvenience by giving the County at leastthirty (30) calendar days'written noticeaddressed to the County at the address shown on t'he cover page of the applicableagreement. The County may terminate this Agreement and any Program Agreement forcorvenience by giving DCYF at least thirty (30) calendar days' writte"n noticJ aooresseo to:DCYF contracts Department, po Box 45710, otympia, washington 98504 _s710. Termination for Default. a' The DCYF Contracts Administrator, or appropriate designee, may terminate this Agreementor any Program Agreement for default, in whole or in part, by written notice to i'trecounty, if DCYF has a reasonable basis to believe tnbt tne bounty has: (1) Failed to meet or maintain any requirement for contracting with DCyF' Department of Children, youth & Families 20B1CF Counly Agreement - General Terms and Conditions (8_1_201 9)Page B 26. Department of Children, youth & Families 20B1CF CountyAgreement - Generat Terms and Conditions (S_1_2019) DCYF/County General Terms & Conditions (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any Program Agreement; or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. b. Before the DCYF Contracts Administrator, or their appropriate designee, may terminate this Agreement or any Program Agreement for default, DCYF shall provide the County with written notice of the County's noncompliance with the agreement and provide the County a reasonable opportunity to correct the County's noncompliance. lf the County does not correct the County's noncompliance within the period of time specified in the written notice of noncompliance, the DCYF Contracts Administrator, or appropriate designee, may then terminete the agreement. The DCYF Contracts Administrator may terminate the agreement for default without such written notice and without opportuniiy for correction if DCYF has a reasonable basis to believe that a Client's health or safetf is in jeopardy. c' The County may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to DCYF, if the County has a reasonabte basis to believe that DCYF has: (1) Failed to meet or maintain any requirement for contracting with the County; (2) Failed to perform under any provision of this Agreement or any program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or anyProgram Agreement; and/or (4) Othenruise breached any provision or condition of this Agreement or any program Agreement. d. Before the County may terminate this Agreement or any Program Agreement fordefault' the County shall provide DCYF with written notice orbcyFi non"orpii.n.u with the agreement and provide DCYF a reasonable opportunity to correct DiyF,snoncompliance. lf DCYF does not correct DCYF's noncompliance within the period oftime specified in the written notice of noncompliance, the iounty may then terminatethe agreement. Termination Procedure, The following provisions apply in the event this Agreement orany Program Agreement is terminated: a' The County shall cease to perform any services required by the program Agreement asof the effective date of termination and shall comply with ali reasonable instructionscontained in the notice of termination which are related to the transfer of clients,distribution of property, and termination of services. b' The county shall promptly deliver to the DCYF contact person (or to his or her Page 9 DCYF/County General Terms & Conditions successor) listed on the first page of the Program Agreement, all DCYF assets (property) in the County's possession, including any material created under the Program Agreement. Upon failure to return DCYF properly within fifteen (15)working days of the Program Agreement termination, the County shall be charged with all reasonable costs of recovery, including transportation. The County shalltake reasonable steps to protect and preserve any property of DCyF that is in the possession of the County pending return to DCyF. c. DCYF shall be liable for and shall pay for only those services authorized and provided through the effective date of termination. DCYF may pay an amount mutually agreed by the parties for parlially completed work and services, if work products are useful to or usable by DCYF. d' lf the DCYF Contracts Administrator terminates any Program Agreement for default, DCYF may withhold a sum from the final payment to the County that DCyF determines is necessary to p1o_tec] DCYF against loss or additional liability occasioned by the alleged default. DCYF shall be entitled to all remedies available at law, in equity, orunder the Program Agreement. lf it is later determined that the County was not in default, or if the County terminated the Program Agreement for defaul[, the County shallbe entitled to all remedies available at law, in equity, or under the program Rgreement. Treatment of Client Property. Unless othenvise provided in the applicable program Agreement' the County shall ensure that any adult client receiving services fromihe Countyunder a Program Agreement has unrestricted access to the clienls personal property. Thecounty shall not interfere with any adult client's ownership, possession, o1. ure oithuclient's property' The County shall provide clients under age eighteen itay*itn reasonableaccess to their personal property that is appropriate to ttre Llienf s age, development, andneeds' Upon termination or completion of the Program Agreement,lhe County shallpromptly release to the client and/or the client's gulrdian -or custodian all of the client,spersonal properly' This section does not prohibit the County from implementing such lawfuland reasonable policies, procedures and practices as the Cbunty deems neceslsary rorsafe' appropriate, and effective service delivery (for example, appropriately restrictingclients'access to, or possession or use of, tawiui or unrawfurweapons and drugs). Title to Property' Title to all property purchased or furnished by DCyF for use by thecounty during the term-of a Program Agreement shall remain with DCyF. Tiile to allproperty purchased or furnished by the county forwhich the county is entifled toreimbursement by DCYF under a Program Agieement shatt-pass to and vest in DCyF. Thecounty shall take reasonable steps to protect and maintain all DCyF prop"rty in it,possession against loss or damage and shall return DcyF property to ocvr'upontermination or expiration of the Program Agreement pursuant to which it was purchased orfurnished, reasonable wear and tear excepted. waiver' waiver of any breach or default on any occasion shall not be deemed to be awaiver of any subsequent breach or default. Nowaiver shall be construed to be amodification of the terms and conditions of this ngruer"nfunru.r amended as set forlh inSection 2, Amendment. Only the DCyF Contract-s Administrat,or or designee has theauthority to waive any term or condition of this Rgreement on-fenalt of DCyF. 27 28 29 Department of Children, youth & Families 2081CF County Agreement _ General Terms and Conditions (g_1-2019) Page 1 0 ADOPTED this (tr day of 2021 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY SHINGTON .,\\\tlllllll',//r,. iiii:" -\-.}. .' \ i iO --S-.$r'a$t\, tigot== =ili \--'s\ ifr= =-"(tt'.- t'..4uf ..j dS7 Oz '.. \'v ..' oiireru;:;b\S . lrjt nl\v .\\r'rl/ilItrrilrlr\\\\t' Chairman Os acz,Vice-Chairman Cory Wright, Com m SS oner APPROVED AS TO FORM &zt ? Douglas R. Mitchell ty Prosecuting Attorney t/ a Cyxk of the Board- Julie Kjorsvik ffieputy Clerk of the Board- Mandy Buchholz fh