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HomeMy WebLinkAboutExecuted ACT and EET AgreementCOUNTY PROGRAM AGREEM ENT ACT and EET Quality Assurance DCYF Agreement Number 236349714 This Program Agreement is byand between the State of Washington Departnnnt of children, Youth & Families (DCYF) and the county identified below, and is issued in conjunctionwith a countyand DCYFAgreennnt on GeneralTerms and Conditions, which is in orated reference Administration or Division Agreenent Number County Agreenpnt Number DCYF ADMINISTRATION Department of Children, Youth, and Families DOYF DIVISION Children, Youth and Families UCYF INDEX NUMBER 1225 UUYF UONI ru\UI CODE 2000cc-63 TJUYF UONI AUI NAMLANIJ I I I Lh Karena McGor,ern Contract Specialist UUYF UON IAC I AIJL)RbSS 1 1 15 Washington St SE Olympia, WA 98504 DCYF CONTACT TELEPHONE (360)870-5727 DCYF CONTACT FAX *1ir:i'; h*rr* i;: *r:Lr',:i hlxi ka rena. m c g orern @dcyf. wa.oov DCYF CONTACT E-MAIL COUNTY NAME Kittitas County Jurcnile Court Services Department Julenile Courl Services Department 205 West Sth Ar,e Suite 211 Ellensburo, WA 98926 COUNTY ADDRESS COUN I Y FEDERAL EM PLOYER IDENTIFICATION NUMBER COUNTYCONTACT NAME Katrina Mankus COUNTY CONTACT T ELEPHONE (509) e62-7516 UOUNI Y CONIACT FAX COUNTY CONTACT E-MAIL kat ri na. m ank us@co.kittitas.wa.us IS THE CoUNTY A SUBRECIPIENT FoRPU AGREEMENT? No I-{POSES OF THIS PROGRAM CFDA NUMBERS PROGRAM AGREEM ENT START DATE 07t01t2023 P ROGRAM AGREEM ENT END DAIE 06t3012025 MAXIMUM PROGRAM AGREEM EN I AMOUN I $46,401.00 Exhibits (specify): Exhibit A-Data Security Requirements; Exhibit B-Statement of Work County ! E)GJIBITS. When the box below is ma an \ the foll ts are attached a are rnco rporated intoProgram Agreement by reference No Exhibits. a/a/a,-fu// f .fiPrb a- The erm S ons thof ts antract anre nt an ntate ton ntie andre CXrepres understand nbetwee the rties rsed ndingpa a US asupetngmergi writients a cnd mmuongprevtgreem ralngs,nications, othor Senrui e eth S mattect rregardie thof Contract.ng ubj The bES OWbelpart ent tthat hatngtgn read\e danrepresheyunderstandthisConhaveandhettract,tau hori executeto th CoS Thintract.CSty ontract alh be ndbi in DCYon onlFo vSFDCYre Go{ */ntt<ot/ *r-c-, L r I ,/l Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 1 srADOPTED this ,f, Clerk of the Board- Julie Kj tr Deputy Clerk of the Board- 2023 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ABSENT ht, Chairman , Vice-Chairman acz, Commissioner APPROVED AS TO FORM u?l(tr ouglas R. M hell, Deputy Prosecuting Attorney Mandy Buchholz day of D orsvik ?* TT T:ES ty 1 General Terms and Conditions Definitions. The words and phrases listed below, as used in the Agreement, shall each have the followin g defin itions: a. "Agreement" means this Departmentof Children Youth & Families (DCYF) County Agreementon General Terms and Conditions and any exhibits and otherdocumentsattached 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 Departmenf' means the Department of Children Youth & Families statewide agency headquarlers 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 desig nee. h' "Department of Children, Youth & Families" or "DCYF" means the Washington agency devoted exclusively to serve and support Washington state's youth and their families. i. "Debarment" means an action taken by a federal offcial to exclude a person or business entityfrom participatin g in tra n sactions involvin g certain federal fu n ds. j. "GeneralTerms and Conditions" meansthe contractual provisions contained within thisAgreement, wttich govern the contractual relationship between DCYF and the County, under the program Agreements subsidiary to and inmrporating therein by reference this Agreement. k. "ProgramAgreement"or"CountyProgramAgreement"meansawrittenagreementbetween DCYF and the County containing special terms and conditions, including a statement of work to be performed by the County and payment to be made by DCYF. This term may also refer to an agreement between DCYF and the County, which was transferred to DCYF by operation of law. l' "RCW' means the Revised Code of Washington. All references in this Agreement and any program Agreement to RCW chapters or sections shall include any successor, amended, or replacemeni statute. 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 perlorm all or a portion of the duties and obligations that the County shallperform pursuant to any Program Agreement. Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 2 2 General Terms and Conditions 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 thisAgreement and any Program Agreement to WAC chapters or sections shall include any successor, amended, or replacement reg u lation. Ame ndme nt. This Agreement, or any term or condition thereol may be modified only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 3' Assignment. Except as otherwise provided herein in Section 2l,theCounty shall notassign rights or obligations derived from_thg Agreement orany Program Agreement to a third partywithout the Irior,written consent of the DCYF Contracts Administrator and the written assumption of ihe County's obligations by the third party. 4. Billing Limitations. Unless otherwise specified in a ProgramAgreement, DCYF shallnot pay any claims for services submitted more than twelve (12) months afterthe calendar month in which the services were performed. 5. Compliance with Applicable Law. At all times during the term of this Agreement and any program Agreement, the County and DCYF shall comply with all applicable federal, state, and local lar,ys, regulations, and rules, including but not limited to, nondiscrimination laws and regulations and the Health lnsurance Portability and Accountability Act of 1996 (HtpAA). 6. GountyCertification Regarding Ethics. By signing thisAgreement, the Countycertifies thatthe County is in compliance wth Chapter 42.23 RCW and shall comply with Chaprci qZ.Zg RCW throughout the term of th is Ag reement and a ny program Ag ree ment. 7. Debarment Cedification. The County, bysignaturetothisAgreement, certifiesthattheCountyisnot presentlydebarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded from participating in this Agreement orany ProgramAgreement by any iederal department or agency. The County also agrees to include the above requirement in all subcontracts into which it enters. 8. Disputes. Both DCYF and the County ("Parties") agree to work in good faith to resolve all con1icts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informalcontact, any dispute concerning the interpretation, application, or implementation oiuny section of the Agre.e.ment or applicable Program Agreement(s), either Party may reduce its desiription of the dispute in writing, and deliver it to thsother Party for consideration. bnce received, tl"Le issigned 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 amutually acceptable decision within five (5) business days, they may agree to issue an extension to allowfor m-ore time. lf the dispute cannot be resolved bylhe managers or designees, the issue will be referred through eachAgency's respective operational protocols, to the Secretaiyof DCYF ("Secretary") and the CountyRepresentative or their deputy or designated delegate. goih Parties will be responsible for submiitingall relevant documentation, along with a short statement as to howthey believe the dispute s hould besettled, to the Secretary and the County Representative. Upon receipt of the referral and relevant documentation, the Secretary and County Representative will o-0"n,'."i,o"?f?ii:f9l;iX"J"H,e potential options for resolution, and to arrive at a decision within fifteen (15) 2017CF County Program Agreement 6-24-20 page 3 I Ge neral Terms and Conditions business days. The Secretary and County Representative may appoint a reviewteam, 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. Both Parties agree that, the existence of a dispute notwithstanding, the Parties wll continue Wthout delay to carry out all respective responsibilities under th e 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 amen dment of the Agreement is warranted for ongoing clarity, the Parties will execute an amendment to incorporate 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 shall be settled in accordance with the terms of the decision. Notwithstanding the foregoing, each Party reseryes the rightto litigate issues de novo in court. Entire Agreement. This Agreement and any Program Agreement, including alldocuments attached to or incorporated by reference into either, shall contain all the terms and conditions to be agreed upon by the parties. Upon execution of any ProgramAgreement, this Agreement shall be considered incorporated into that ProgramAgreement by reference. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement or any Program Agreement shall be deemed to exist or bind the parties. Governing Law andVenue. The larnrs of the state of Washington govern thisAgreement. ln the event of a lararsuit by the County against DCYF involving this Agreement or a Program Agreement, venue sha1 be proper only in Thurston County, Washington. ln the event of a lararsuit by DCYF againstthe County involving thisAgreement or a Program Agreement, venue shall be proper only as proMded in RCW 36.01.0s0. 10. '11 12. 13 Responsibility. Each party to this Agreement shall be responsible forthe negligence of its officers, employees, and agents in the performance of any Program Agreement. trto party to this Agreemeni or any Program Agreement shall be responsible for the acts and/or omissions of entities or individuals not party to this Agreement and any ProgramAgreement. DCYF and the County shall cooperate in the defense of tort larasuits, when possible. Both parties agree and understand ihat such cooperation may not be feasible in all circumstances. DCYF and. the County agree to notifythe attorneys oi record in anytort larasuit where both are parties if either DCYF or the Couniy enters into settlementhegotiations. lt is understood that the notice shall occur prior to any negotiations, or as soon as possible th6reafter, and the notice may be either ranitten or oral. lnde pendent Status. For purposes of this Agreement and any Program Agreement, the County acknowledges that the County is not an officer, employee, oragent of OCyF orthe state of Wasfrington.The County shall not hold out itself or any of its employees as, ior claim status as, an officer, empldyee, or agent of DCYF or the state of Washington. The bounty shall not claim for itself or its employeu. ,nyrights, privileges, or benefits which would' accrue to an employee of the state of Washington. TheCounty shall indemnify and hold harmless DCYF from all obligations to pay or withhold federal or statetaxes or contributions on behalf of the county or the county'imployees. ' lnspection. Either party may request reasonable ac@ss to the other party's records and place ofbusiness for the limited purpose of monitoring, auditing, and evaluating the other party's compliance withthis Agreement, anyProgramAgreement, and applicable laws and regulations. During the term of anyProgram 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 itsplace of business and to its records Mrich are relevant to iis compliance wth'this'Agreement, any Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 4 Ge neral Te rms and Conditions Program Agreement, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize either party to possess or copy records of the other party. '14. lnsurance. 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. 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. The County shall pay for losses for wlrich it is found liable. 15. Maintenance of Records. 16. '|'7 Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 18. 19. 20 During the term of this Agreement and for six (6) years following termination or expiration of this Agreement, both parties shall maintain remrds sufficient to: a. Document performance of all acts required by law, regulation, or this Agreement; b. Demonstrate accounting procedures, practices, and records that sufficienfly and properly document the County's invoices to DCYF and all expenditures made by the County to perform as required by this Agreement. Operation of General Terms and Gonditions. These General Terms and Conditions shall be incorporated by reference into each Program Agreement between the County and DCYF in effect on or after the start date of this Agreement. These General Terms and Conditionsgovern and apply only to work performed under Program Agreements between the parties. Orde r of Precedence. ln the event of an inconsistency in this Agreement and any program Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in ttre following order, to: a. Applicable federaland state of washington statutes and regulations; b. ThisAgreement; c. The ProgramAgreement(s). ownership of Material. Material created by the County and paid for by DCYF as a part of any program Agreement shall be ovrrned by DCYF and shall be "work made for hire" as defined by 17 USCg t Ot .1nis material includes, but is not limited to: books; computer programs; documents; films; pamphlels; reports; sound reproductions;studies;surveys; tapes; and/ortraining materials. Materialwnlcfr th'e County'uses to perform a Program Agreement but is not created foror paid for by DCYF is or,vned by the Couniy and is not "work made for hire"; however, DCYF shall have a perpetual license to usethis material for fjCyfinternal purposes at no charge to DCYF, provided thatsuch iicense shall be limited to the extent which the County has a right to grantsuch a license. Severability. The provisions of this Agreement and any Program Agreement are severable. lf any court holds invalid any provision of this Agreement or a ProgiamAgieement, including any provision ofany document incorporated herein or therein by reference, that invitiOity shall not affect the otherprovisions this Agreement or that program Agreement. Subcontracting. The County may subcontract services to be provided undera programAgreement, unless otherWse specified in that Program Agreement. lf DCYF, the County, and a subcontractor ofthe County are found by a jury or other trier of fact to be jointly and severatty tiaUte for personal injurydamages arising from any act oromission underthis Agreem'ent orany program Agreement, then Page 5 General Terms and Conditions DCYF shall be responsible for its proportionate share, and the County shall be responsible for its proportionate share. Should a subcontractor to the County pursuant to a Program Agreement be unable to satisfy its joint and several liability, DCYF and the County shall share in the subcontractor's unsatisfied proportionate share in direct proportion to the respective percentage of their fault as found by the trier of fact. Nothing in this section shall be construed as creating a right or remedy of any kind or nature in any person or party other than DCYF and the County. This provision shall not apply in the event of a settlement by either DCYF or the County. 2',. 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 and expended and the federal programs under which they were received, by Catalog of Federal Do mestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the County is managing federal awards in compliance with larars, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriatefinancialstatements, including a schedule of expenditures of federal awards; (4) lncorporate 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, Titte Vl of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1 973, Title ll of the Americans with Disabilities Act of '1990, Title lX of the Education Amendments of 1972,TheAge Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations,2A C.f .n. part42, Subparts C.D.E. and G, and 28 C.F.R. part 35 and 39. 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 thatfiscal year. Upon completion of each audit, the Countywill: (1) Submit to the DCYF contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide lif applicable), and a copy of any management letters issued 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 audits schedule of findings and questioned costs. c' Overpayments. lf it is determined by DCYF, or during the course of a required audit, thattheCounty has been paid unallowable costs underthis or any Program Agreement, DCyF may requirethe countyto reimburse DCyF in accordancewith 2 cFRpartz0o. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 page 6 22 23. 24. 25. Ge neral Terms and Gonditions Survivability. The terms and conditions contained in thisAgreementorany ProgramAgreementwhich, by their sense and context, are intended to survive the expiration of a particular Program Agreement shall survive. Surviving terms include, but are not limited to: Disputes, Responsibility, lnspection, Maintenance of Records, Or,rmership of Material, Subcontracting, Termination for Default, Termination Procedure, and Title to Property. Termination Due to Change in Funding,Agreement Renegotiation orSuspension. lf the funds DCYF relied upon to establish any Program Agreement are withdrawt, reduced or limited, or if additional or modified conditions are placed on such funding, afterthe effective date of this Agreement but prior to the normal completion of any Program Agreement: a. At DCYF's discretion, the Program Agreement may be renegotiated underthe revised funding conditions. b. Upon no less than fifteen (1 5) calendar days' advance written notice to County, DCYF may s uspend 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 performance 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 ) During the period of suspension of performance, each party Wll inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DCYF determines that the funding insufficiency is resolved, it will give the County written notice to resume performance. Upon the receipt of this notice, the County will provide written notice to DCYF informing DCYF wtrether 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 agree thatthe Program Agreement will be terminated retroactive to the effective date of suspension. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the retroactive date of termination. c. DCYF may terminate the Program Agreement by providing at least fifteen (15) calendardays' advance written notice to the Cou nty. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the effective date of termination. No penalty shall accrue to DCYF in the event the termination option in this section is exercised. Termination for Convenience. The DCYF Contracts Adninistrator, or appropriate designee, may terminate this Agreement or any Program Agreement in whole or in part for convenience by giving the bounty at least thirty (30) calendar days' written notice addressed to the County at the addreis sho,;'n on the cover page of the applicable agreement. The County may terminate th is Agreement and any program Agreement for convenience by giving DCYF at least thirty (30) calendar days' r,rnitten notice addressed to: DCYF contracts Department, Po Box 4sr10, olympia, washington gBsM-s710. Te rmination for Default. a. The DCYF Contracts Adninistrator, or appropriate designee, may terminate this Agreement or any Program Agreement for default, in wtrole or in part, by written notice to the County, if DCyF his a reasonable basis to believe that the County has: Department of Chi ldren, Youth & Families 2017CF County Program Agreement 6-24-20 Page 7 General Terms and Conditions (1) Failed to meet or maintain any requirement forcontracting with DCYF; (2) Failed to perform under any provision of this Agreement or any ProgramAgreement; (3) Violated any law, regulation, rule, or ordinance applicable to thisAgreement oranyProgram Agreement;or (4) Otherwise breached any provision orcondition of this Agreement or any ProgramAgreement. b. Before the DCYF Contracts Administrator, or their appropriate designee, may terminate this Agreement or any ProgramAgreement for default, DCYF shall provide the County with ranitten 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 correctthe County's noncompliance within the period of time specified in the unitten notice of noncompliance, the DCYF Contracts Adrinistrator, or appropriate designee, may then terminate the agreement. The DCYF Contracts Administrator may terminate the agreement fordefault without such written notice and without opportunity for correction if DCYF has a reasonable basis to believe that a Client's health or safety 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 reasonable 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 ProgramAgreement; (3) Violated any law, regulation, rule, or ordinance applicable to thisAgreement orany Program Agreement; and/or (4) Otherwise breached any provision orcondition of this Agreement or any ProgramAgreement. d. Before the County may terminate this Agreement or any Program Agreement for default, the County shall provide DCYF with written notice of DCYF's noncompliance with the agreement and provide DCYF a reasonable opportunity to correct DCYF's noncompliance. lf DCYFdoes not correct DCyF's noncompliance within the period of time specified in the written notice of noncompliance, the County may then terminate the agreement. Te rmination Proced ure. The following provisions apply in the event this Agreement or any program Agreement is terminated : 26. a b. Department of Chi ldren, Youth & Fami lies 2017CF County Program Agreement 6-24-20 The County shall cease to perform any services required by the Program Agreement as of the effective date of termination and shall comply with all reasonable inslructions contained in the notice of termination which are related to the transfer of clients, distribution of property, and termination of services. The County shall promptly deliver to the DCYF contact person (orto his or her 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 retlrn DCyF property within fifteen (15) working days of the Program Agreement termination, the County shall be if.'urg"jwith all reasonable costs of recovery, including transportation. The County shall tike reasonable steps to protect and preserve any property of DCYF that is in the possession of the County p"nOing return to DCYF. Page 8 27 28 29 Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Ge neral Terms and Conditions 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 partially completed work and services, if work products are useful to or usable by DCYF. d. lf the DCYF Contracts Administrator terminates any Program Agreementfor default, DCYF may withhold a sum from the final payment to the County that DCYF determines is necessary to protect DCYF against loss or additional liability occasioned by the alleged default. DCYF shall be entitled to all remedies available at law, in equity, or under the Program Agreement. lf it is later determined that the County was not in default, or if the County terminated the Program Agreement for default, the County shall be entitled to all remedies available at law, in equity, or under the Program Agreement. Treatment of Client Property. Unless otherwise provided in the applicable Program Agreement, the County shall ensure that any adult client receiving services from the County under a Program Agreement has unrestricted access to the client's personal property. The County shall not interfere wth any adult client's ownership, possession, or use of the client's property. The County shall provide clients u nder age eig hteen (1 B) Wth reasonable access to their personal property that is a ppropriate to the client's age, development, and needs. Upon termination or completion of the Program Agreement, the County shall promptly release to the client and/or the client's guardian or custodian all of ihe clienfs personal property. This section does not prohibit the County from implementing such lawfuland reasonable policies, procedures and practices as the County deems necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting clients' access to, or possession or use of, lawful or unlawful weapons and drugs). Title to Property. Title to all property purchased or fumished by DCYF for use by the County during the termofaProgramAgreementshallremainwithDCYF. Titletoallpropertypurchasedorfurnishedby the County for which the County is entitled to reimbursement by DCYF under a Program Agreement shall pass to and vest in DCYF. The County shall take reasonable steps to protect and maintain all DCYF property in its possession against loss or damage and shall return DCYF property to DCyF upon termination 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 a waiver of any subsequent breach or default. No waiver shall be construed to be a modification of the terms and conditions of this Agreement unless amended as set forth in Section 2, Amendment. Only the DCyF Contracts Administrator or designee has the authority to waive any term or condition of tnls Agreement on behalf of DCYF. Page I 1 Special Terms and Conditions Definitions. The words and phrases listed below, as used in this Contract, shall each have the followin g defin itions: a. "DCYF" means the Department of Children, Youth, and Families. b. 'ACT" means Alternative Choice Training. c. "EET" means Education and Employment Training. 3 d. "Juvenile Rehabilitation" or "JR" means the Division under the Department of Children, Youth, and Families. 2. Purpose. The purpose of this Contract is to provide for staff time to develop, train, and provide consultation to ACT trainers providing the service. Data Security Requirements- Exhibit A The Contractorshall protect, segregate, and dispose of data from DCYF as described in Exhibit A. StatementofWork-ExhibitB. TheContractorshallprovideservicesandstaffasdescribedinthe Statement 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 in the Statement of Work and payment shall be made upon receipt of the deliverable. JR shall not make payment for any deliverable not completed in accordance to the specifications identified in this Contract. b. lnvoice shall be sent to the DCYF Program Contact listed in the Statement of Work. c. DCYF will not be obligated to pay for services submitted more than three (3) months after the calendar month in which the services were performed. d. DCYF shall pay the Contractor upon acceptance by DCYF of a properly completed A-i 9 lnvoice Voucher. The invoice shall include any required documentation of the iervices delivered as specified in the Statement of Work. Payment shall be sent to the Contractor's address on page one of this Contract. e. Payment shall be considered timely if made by DCYF within 30 days after receipt of the properly completed invoice. f. The Contractor accepts the DCYF payment as the sole and complete payment for the servicesprovided under this Contract. g DCYF shall not reimburse the Contractorfor authorized services not provided to clients, or forservices provided which are not authorized or are not provided in accordancewith Exhibit B:Statement of Work. lf DCYF pays the Contractor for services authorized but not provided by thecontractor in accordance with this contract's "statement of work," the amount paid shall beconsidered to be an overpayment. h' lf this Contract is terminated for any reason, DCYF shall pay for only those services authorized andprovided through the date of termination. Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 4 5 Page 1 0 7 8 Special Terms and Conditions 6.Services Authorized as Needed DCYF shall request services from the Contractor on an as-needed basis. This Contract does not obligate DCYF to authorize services,from the Contractor. Payme nt Only for Authorized Se rvices DCYF shall pay the Contractor only for authorized services provided in accordance with this Contract. lf this Contract is terminated for any reason, DCYF shall pay only for services authorized and provided through the date of termination. Funding Stipulations a. lnformation for Federal Funding. The Contractor shall cooperate in supplying any information to DCYF that may be needed to determine DCYF or the client's eligibility for federal funding. Duplicate Billing. The Contractor must not bill other funding sources for services rendered under this Contract wltich would result in duplicate billing to differentfunding sources for the same service. Furthermore, the Contractor shall ensure that no subcontractor bills any other funding sources for services rendered underthis Contract, wlrich would result in duplicate billing to differentfunding sources for the same service. 10 c. No Federal Match. The Contractor shallnot use funds payable underthis Contract as match toward federalfunds Wthout the prior written permission of DCyF. d. Supplanting. The Contractor shall use these funds to supplement, not supplant the amount of federal, state and localfunds otherwise expended for services provided underthis 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 t he fees forthose services from the Contractor, and the Contractor shallfully 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 underthis Contrlct shall be paid to anyperson or organization to influence, or attempt to influence, either directly or indirecly, an officeior employee of any state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a stite 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 sJch monetary and other penalties as may be provided by law. Cu ltu rally Re levant Services11. b I The Contractor shall provide appropriate, accessible, and culturally relevantservices to clients and theirfamilies. Service. delivery shall be culturally competent and responsive to each client's cultural beliefsand values, ethnic norms, language needs, and individualdiffeiences. Contractors are encouraged toemploy a diverse workforce that reflects the diversity of their clientele and the community. - - - -i Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 page 11 Special Terms and Conditions 12. Compliance Agreement ln the event that DCYF identifies deficiencies in Contractor's performance under this Contract, DCYF may, at its option, establish a Compliance Agreement. When presented with a Compliance Agreement, Contractor agrees to undertake the actions specified in the plan within the timeframes given to correct the deficiencies. Contracto/s failure to do so shall be grounds for termination of this Contract. 13. Compliance with JR Policies and Standards. a. ln addition to the governing Federal and State larms 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 shallprevail. 14. AdministrativeRecords The Contractor shall retain the following administrative records: a. Fiscal records that shall substantiate costs charged to DCYF under th is Contract; b. Documentation of all audits, license revieus, contract monitoring reports, and corrective action reports and actions taken. Documentation of all costs associated with service provided under this Contract; c. Recruitment policy which demonstrates that Contractor is an equal opportunity employer;and d. Copy of the Contractor's Certificate of lnsurance and for each subcontractor. 15. 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 criminalhistoryand background check. ln addition, Contractor, each of their employees, subcontractors, and/or volunteers, who may or will have limited acc ess to any client/juvenile, may be required to be cleared through a JR approved criminal history and background 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 of any of the following: (1) Any felony sexoffense as defined in 9.944.030 RCW (Sentencing Reform Act-Definitions)and 94.44.1 30 RCW (Sex Offenses); (2) Any crime specified in Chapter 9A.44 RCW (SexOffenses) when the victim was a juvenile in thecustody of or under the jurisdiction of JR; or (3) Any violent offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions). Department of Children, Youth & Fami lies 2017CF County Program Agreement 6-24-20 Page 12 16. Special Terms and Conditions d. Contractor must require that current employees, volunteers, and contracted service providers who are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the above offenses. The report must be made to the person's supervisor within seven (7) days of conviction and any person who have reported a guilty plea or conviction for one or more of these offenses must not have regular accessto any offender. Contractor shallalso document backg rou nd checks/criminal h istory clearances for monitorin g purposes. Sexual M isconduct 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 9A.44 RCW (Sex Offenses). c. ln addition, the Secretary shall disqualify for employment with a Contractorin 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 contactWth 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 contaciwith any offender. The Contract shall not be renewed unless the Secretary determines significant progress has been made. 17. Subcontractor lf the Contractor utilizes subcontractors for the provision of se rvices under this Contract, the Contractor must notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet alltherequirementsunderthisContract. lnnoeventshalltheexistenceofasubcontractreleaseor 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 regularintervals 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. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 1 3 Special Terms and Gonditions b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: n tfre Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or f] the 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 contact on page one of this Agreement. Commercial General Liability 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, Obyf , its elected and appointed officials, agents, and employees shall be named as additional insureds. 20. Resolution of Differences 21 ln the event of any differences between the parties on matters related to the interpretation and implementation of this Contract, the parties shall first attempt to resolve the difference informally between themselves at the local or regional level, by following the regional conflict resolution process. lf the parties are unable to resolve theirdifference as stated above, then eitherparty may submit a request for dispute resolution as provided in the section Disputes below. A copy of the regional conflict resolution process is available from the DCYF Contact person listed on page 1 of this Contract. Disputes a. Either party who has a dispute concerning this Contract may submit a written req uest for dispute resolution. The amount of any rate set by law, regulation, or DCYF policy is not disputable. A party's written request for dispute resolution must include: (1) A statement identifying the issue(s) in dispute;and (2) Contractor's name, address and contractnumber. b. The request must be mailed to the following address within thirty (30) calendardays afterthe party could reasonably be expected to have knowledge of the issue, *hicl-t is disputed. c. A copy of the current DCYF's dispute resolution process is available at any time by written request d ' Requests for dispute resolution or for a copy of the current DCYF's d ispute resolution process should be sent to: Department of Children, Youth & Families Attention Contracts Un it P.O. Box 40983 Olympia, WA 98504-0983 e This dispute resolution process is the sole administrative remedy available under this Contract Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 14 1 Definitions definitions: EXHIBIT A DATA SECURITY REQUIREMENTS ORGANIZATION OF DATA SECURITY REQUIREMENTS 1. Definitions 2. Authority 3. Scope of Protection 4. Data Classification 5. Compliance with Laws, Rules, Regulations, and Policy6. Administrative Controls 7. Authorization, Authentication, and Access B. Protection of Data 9. Method of Transfer 10. System Protection 1 1. Data Segregation 1 2. Confidentiality Protection '13. Data Disposition 1 4. Data shared with Subcontractors 15. Notification of Compromise or Potential Compromise 16. Breach of Data The words and phrases listed below, as used in this Exhibit, shall each have the following a Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 b c. "AES" means the Advanced Encryption Standard, a specification of Federal lnformation processing Standards Publications for the encryption of electronic data issued by the National lnstitute of Standards and Technology (http:/invlpubs.nist.gov/nistpubs/FIPS/NIST. F tPS.1 97. pdf). "Authorized Users(s)" means an individual or individuals Wth a busin ess need to access DCYF Confidential lnformation, and who has been authorized to do so. "Cloud storage" 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 storagecan 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 manyother entities. Enterprise cloud vendors include Microsoft Azure,Amazon Web Services, and Rackspace. "Confidential lnformation" means information that may be exempt from disclosure to the public orother unauthorized persons under either chapler 42.56 RCW or other state or federal laws. Confidential lnformation includes, but is not limited to, Personal lnformation, agency source code or gbject cod_e, and agency security data. "Confidential lnformation" also includes", buiis not limited to,Category 3 and Category 4 Data as described in section 4 of this Exhibit lexfrUiiA: Data Security- ' Requirements), Personal lnformation, Materials, and Data. The definitjon of "Confidential lnformation" shallalso include the definition described in section 1 (Definitions)of the General Terms and Conditions of this Contract. "Data" means DCYF's records, files, forms, information and other documents in electronic or hardcopy medium. "Data" includes, but is not limited to, Confidential lnformation. d e Page 1 5 f. "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. g. "FedRAMP" means the Federal Risk and Authorization Management Program (see ttl!psl*wl*drerui?S-$.v1-), 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 seruices. h k. "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. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windours Phone. Mobile Devices include smart phones, most tablets, and other form factors. "Multi-factor Authentication" 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, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinalscan. "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. "Personal lnformation" shall have the same meaning as described in RCW 42.56.590(10)and includes, but is not limited to, information protected under chapter 13.50 RCW, Health Care lnformation as that phrase is defined in RCW 70.02.010, personally identifiable information, and other information that relates to a person's name and the use or reteipt of governmental services or other activities. "Portable Device" me€ns 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 compuiing resources in the form of a processor, memory, storage, and network access. Examples inciude,*but are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of portable Device. "Portable Media" means any machine-readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and intemal hard drives that have been removed from a computing device. "Physically Secure" or "Physical Security" means that access is restricted through physical means to authorized individuals only. "secure Area" means an area to which only authorized representatives of the entity possessing theConfidential lnformation have access, and access is contiolled through use of a key, card key,-combination lock, or comparable mechanism. Secure Areas may inJlude buildings, rooms orlocked storage contajners (such as a filing cabinet or desk drawer) Wthin u roorJu. long as accessto the Confidential lnformation is not available to unauthorized peisonnel. ln otherwise SecureAreas, such as an office with restricted access, the Data must be secured in such a way as to m. Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 n o Page 1 6 prevent access by non-authorized staff such as janitorial or facility security stafl when authorized Contractor staff are not present to ensure that non-authorized staff cannot access it. p. "Staff" means the Contracto/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 "Stafr' also means the Subcontractors' directors, officers, employees, and agents who provide goods or services on behalf of the Subcontractor and Contractor. q. "Trusted Network" means a network operated and maintained by the Contractor, wlrich includes security controls sufficientto protect DCYF Data on that network. Controls would include a firewall between any other networks, access controllists on networking devices such as routers and switches, and other such mechanisms wtrich protect the confidentiality, integrity, and availability of the Data. r "Unique User lD" means a string of characters that identifies a specific user and wtrich, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 3 4 2. Authority The security requirements described in this contract reflect the applicable requirements of Standard 141 .10 (https://ocio.wa.gov/policies) 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 The requirements described in this Contract apply to Confidential lnformation and Data related to the subject matter of this Contract that is delivered, received, used, shared, acquired, created, developed, revised, modified, or amended by DCYF, the contractor, or subcontractors. Data Classification The Washington State Office of the Chief lnformation Officer (OCIO) has established policies that classify data into categories based on the data's sensitivity. The categories described in Section 4 of OCIO policy No. 141 .10 are adopted and incorporated by reference in this Agreement. pursuant to section 4 of oclo policy No. 141 .10 the categories are as follows: (1) Category 1 - Public lnformation Public information is information that can be or currenfly is released to the public. lt does not need protection from unauthorized disclosure, but does need integrity and availability protection controls. (2) Category 2 - Sensitive lnformation Sensitive information may not be specifically protected from disclosure by lawand is for official use only. Sensitive information is generally not released to the public unl-ess specifically requested. (3) Category 3 - Confidential lnformation Confidential information is information that is specifically protected from either release ordisclosure by law. This includes, but is not limited to: Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 a Page 17 (a) Personalinformation as defined in RCW42.56.590 and RCW 19.255.10: (b) lnformation about public employees as defined in RCW 42.56.250; (c) Lists of individuals for commercial purposes as defined in RCW 42.56.070(9); and (d) lnformation about the infrastructure and security of co mputer and telecommunication networks as defined in RCW 42.56.420. (4) Category 4 - Confidential lnformation Requiring Special Handling Confidential information requiring special handling is information that is specifically protected from disclosure by law and for wl'rich: (a) Especially strict handling requirements are dictated, such as by statutes, regulations, or agreements;and (b) Serious consequences could arise from unauthorized disclosure, such as threats to health and safety, or legal sanctions. 5. Compliance with Laws, Rules, Regulations, and policies a. Confidential lnformation and Data 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: (1) All federal and state larrys and regulations, as currenfly enacted or revised, regarding the protection, security, and electronic interchange of Confidential lnformation and Data; and (2) All federal and state laurs and regulations, as currenfly enacted or revised, regarding the use, disclosure, modification or loss of Confidential lnformation and Data. 6. Administrative Controls. a. The Contractor must have the folloWng controls in place: (1) 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. (2) Security awareness training for all staff, presented and documented annually, as follor,vs: (a) Contractor staff responsibilities under the Contractor's security policy; (b) Contactor staff responsibilities as outlined under contract Exhibit A; and (c) Must successfully complete the DCYF lnformation Security AwarenessTraining, which canbe taken on this web page: {j*.*leas!e_.gdj (3) Contractor may replace the DCYF lnformation Security Awareness training listed above withtheir orirn equivarent rnformation Awareness Training. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 18 7 Authorization, Authentication, and Access. a. ln order to ensure that access to the Data is limited to authorized staff, the Contractor must comply with the following: ('l) Have documented policies and procedures that: (a) Govern access to systems; and (b) Govern access to paper/hard copy documents and files. (2) Only allow access to Confidential lnformation through administrative, physical, and technical controls. (3) Ensure that user accounts are unique and that any given useraccount logon lD and password combination is knounr 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 solely on the logon lD used to perform the action. (4) Ensure that only authorized users are capable of accessing the Data; (5) Ensure that an employee's access to Data is removed: (a) Within twenty-four (24)hours of an alleged compromise of the usercredentials; (b) Within 24 hours from when their employment, or the contract underwhich the Data is made available to them, is terminated; (c) Within 24 hours from when the employee or contractor no longer need access to the Data to fulfill the requirements of the Contract; and (d) Within 24 hours from wlren the staff member has been suspended from performing services under this Contract. (6) Have a process in place the requires quarterly revieus verifications that ensure only authorized users have access to systems containing confidential lnformation. (7) The Contractor must require the following password and logon requirements for Authorized Users to access Data Wthin the Trusted Network: (a)To access Data the Authorized User must be required to enter a Hardened password; (b)The hardened password must not contain a user's name, logon lD, or any form of an individual's full name; (c)The hardened password must not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words; and (d)Hardened passwords are significantly different from the previous four (4) passwords. Hardened passwords that increment by simply adding a number are nolconsidered sig nificantly d ifferent. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 1 9 (B) When accessing Confidential lnformation and Data from an external location (the Data will traverse the lnternet or othenruise travel outside the Trusted network), mitigate risk and enforce hardened password and logon requirements for users by employing measuresthat include: (a) Ensuring mitigations applied to the system don't allowend-usermodification; (b) Not allowing the use of dial-up connections; (c) Using industry standard protomls and solutions for remote access. Examples include secure VPN and Citrix; (d) 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; (e) Ensuring that the remote access system prompts for re-authentication or performs automated session termination after no more than thirty (30)minutes of inactivity; and (f) Ensuring the use of Multi-Factor Authentication (MFA) to connect from the external end point to the internal end point. (9) Hardened passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token (software, hardware, smart card, etc.). lf a lesser standard is authorized underthis subsection, the PIN or password must: (a) Be at least five (5) letters or numbers when used in conjunction with at lea st one other authentication factor; (b) Not be comprised of all the same letter or number (11111,22222, aaaaa, would not be acceptable); and (c) Not contain a "run" of three or more consecutive numbers (12398, gBT43 would not be acceptable). (10) lf the Contract specifically allows for the storage of Confidential lnformation on a portable Device, passwords used on the device must: (a) Be a minimum of six (6) alphanumeric characters; (b) Contain at least three unique character classes (uppercase, lower case, letter, number); (c) Not contain more than a three consecutive character run. Passcodes consisting of (1 2g45, or abcd 12 would not be acceptable); and (d) Render the device unusable after a maximum of five (5) failed logon attempts. B. Protection of Data. The Contractor agrees to store Data on one or more of the following medias and protect the Data asdescribed: (1) Hard disk drives Departmentof Children, Youlh & Families 2017CF County Program Agreement 6-24-20 d Page 20 Data stored on local workstation hard disks, access to the Data will be restricted to Authorized User(s) by requiring logon to the localworkstation using a Unique User lD and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. (2) Network server disks (a) 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 wltich 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 wlrich provide equal or greater security, such as biometrics or smart cards. (b) Data on disks mounted to such servers must be located in an area wtrich is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. (3) Opticaldiscs (CDs or DVDs) in localworkstation opticaldisc drives (a) Data provided by DCYF on optical discs which will be used in local workstation optical disc drives and wlrich will not be transported out of a Secure Area, when not in use for the contracted purpose, such discs must be Stored in a Secure Area. (b) Workstations that are capable of accessing Data from optical discs must be located in an area wlrich is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, orcomparablemechanism. (4) Opticaldiscs (CDs or DVDs) in drives or jukeboxes attached to servers (a) Data provided by DCYF on optical discs that will be attached to network servers will not be transported out of a Secure Area. (b) Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User lD and Hardened Password or other authentication mechanisms wtrich provide equal or greatersecurity, such as biometrics or smart cards. (c) Data on discs attached to such servers must be located in an area wtrich is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. (5) Paper documents (a) All paper documents must be protected by storing the records in a Secure Area, withaccess controlled through the use of a key, card key, combination lock, or comparable mechanism, and which is only accessible to authorized personnel. (b) When being transported outside of a Secure Area, paper documents must be under thephysical controlof contractor staff with authorization to access the Data. (c) Paper documents will not be secured or stored in a motor vehicle any time a staffmember is away from the motor vehicle. NOTE: The use of a lock box, other ioclante storage container or a non-lockable storage container stored in a vehicle does notoverride this requ irement. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 page 2l (d) Paper documents will be retained in a Secure Area, per the State of Washington records retention req u irements. (6) Data storage on portable devices or media (a) Except where otherwise described herein, Data shall not be stored by the Contractor on 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: i. The Data must be Encrypted; ii. Portable devices must be equipped with a Unique User lD and Hardened Password or stronger authentication method such as token or biometrics; iii. Portable devices must be manually locked whenever they are left unattended. The devices must be set to automatically lock after a period of no more than fifteen (15) minutes of inactivity; iv. Administrative and physical security controls must be applied to Portable Devices and Portable Media by: (A) Keeping them in a Secure Area when not in use; (B) Using check-in/check-out procedures when they are shared; and (C) Taking quarterly inventories. (b) When being transported outside of a Secure Area, Portable Devices and Portable Media with Data must be under the physical control of Contractor staff with authorization to access the Data, even if the Data is encrypted. (c) 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. (7) Data stored for backup purposes (a) 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. i. Such storage is authorized untilsuch time as that media would be reused during the course of normal backup operations. - ii' lf backup media is retired while DCYF Confidential lnformation still exists upon it, referto Section 13 Data Disposition. (b) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. i. lf so, such media will be protected as otherwise described in this exhibit. ii. lf this media is retired while DCYF Confidential lnformation stillexists upon it, refer to Section 13 Data Disposition. Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 22 (8) Cloud storage (a) Data requires protections equal to or greater than those specified elsewh ere Wthin this Exhibit. (b) 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: i. Data must not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (A) The contractor has written procedures in place governing use of the cloud storage and by signing this contract, the Contractor attests that all such procedures will be uniformly followed; (B)The Data must be Encrypted while within the Contractor network; (C)The Data must remain Encrypted during transmission to the Cloud; (D)The Data must remain Encrypted at all times while residing within the Cloud storage solution ; (E) The Contractor must possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor and/or DCYF; (F)The Data must not be dorirnrloaded to a non-authorized system. the only authorized systems are located on the DCYF network or Trusted networks; (G)The Data must not be decrypted until dorrrrnloaded onto a computer or portable devise within the control of an Authorized User and within either the DCYF network or Trusted network; and (H) Access to the cloud storage requires Multi Factor Authentication. ii. Data must not be stored on an Enterprise Cloud storage solution unless either: (A) The Cloud storage provider is treated as any other Sub-Contraclor, and agrees in uniting to all of the requirements within this exhibit;or (B)The Cloud storage solution used is FedRAMp certified; or (C)Contractor can attest that: 1 . They have reviewed the data security policy of the cloud service provider;and 2. The cloud service provider meets requirements of Exhibit A in full or with limited exceptions. 9. Method ofTransfer (1) Approved options include: Departmentof Children, Youth & Families 2017 CF County Program Agreement 6-24-20 d All Data transfers to or from the Contractor shall be made by using an approved solution that meetsagency and state lT security standards. Page 23 10 11. (a) SFT service provided Washington Technology Solutions (WaTech); or (b) The DCYF instance of Box.com. b. Any information containing sensitive data elements must be encrypted and password protected using a toolsuch as WinZip, 7zip, or something similar. c. An account is required to access either of the above solutions, you will need to make a request by contacting the contract contact listed on the cover page of this Agreement. d. Any other solution must be approved by the DCYF lnformation Security Office. To obtain approval, contact the contract contact listed on the cover page of this Agreement. Request must include the name of the solution, as well as, any information to help in the approval process. e. The Contractor must use a secure solution for electronic mail submissions wlrich contain Confidential information, and Personal lnformation, as defined in the GeneralTerms and Conditions. f. lnformation regarding receiving encrypted emailfrom DCYF can be obtained at DCYF's website, located at: hJlBs-{wrmru.gJcylsa..S*v/sqr:vieeschil#-Wl{Arp-pl"oviejqtsleneryptccj:g*ai.l. System Protection. a. To prevent compromise of systems that contain DCYF Data or systems that Data passes through, the Contractor must: (1) Ensure all security patches or hotfixes applied within three (3)months of being made available; (2) Have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes; (3) Ensure systems containing Data shallhave an Anti-Malware application installed, if available; and (4) Ensure that Anti-Malware software is kept up to date. The product, its anti-virus engine, and any malware database the system uses, will be no more than one update behind current. Data Segregation. a- Data must be segregated or otherwise distinguishable from non-DCYF data. This is to ensure that when no longer needed by the Contractor, all Data can be identified for retum or destruction. lt also aids in determining whether Data has or may have been compromised in the event of a security breach. b. The Contractor must use one or more of the following methods to segregate Data: (1) Data will be kept on media (e.g. 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 Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 24 12. 13. (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 physical paper documents, Data will be physically segregated from non -DCYF data in a drawer, folder, or other container. c. 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. Go nfidentiality Protectio n a. To safeguard confidentiality, and ensure thataccess to all Data is limited to authorized staff, the Contractor must: (1) Ensure that the Contracto/s Staff, Subcontradors, and the Subcontractors' Staff use Data solely for the purposes of accomplishing the seruices set forth in this Contract. (2) Ensure that no Data is released, disclosed, published, modified, transferred, sold, or otherwise made knovrin to unauthorized persons without the prior written consent of the individual named or as otherwise authorized by law. (3) Not use, publish, transfer, sell or othenruise disclose any Confidential lnformation of a minor except as provided by law or with the prior written consent of the minor's parent, legal representative or guardian. lf a child is a dependent of Washington State, then prior written consent must be obtained from DCYF. (4) Require that the Contractor's Staff and Subcontractors' Staff having access to Data sign a Statement of Confidentiality and Non-Disclosure Agreement (DCYF Form 03-3748), that can be found at this webpage: https://wnnru.dcyf.wa.gov/forms. Data shall not be released to the Contractor's Staff person(s)or Subcontractors' Staff person(s) until the following conditions have been met: (a) DCYF approves the Contractor's Staff person(s) or Subcontractors' Staff person(s), to work on this Contract; and (b) lf requested by DCYF, Contractor must provide the original Statement of Confidentiality and Non-Disclosure Agreement, signed by the Staff person(s)and Subcontractors' Staif person(s). Data Disposition. a' The Contractor must ensure that all Data, including paper and electronic records, are retainedpursuant to the Washington State retention standards. b. When the contracted work has been completed or wlren the Data is no longer needed, Data shallbe retained pursuant to the retention standards required by chapter40.14 nCW, or returned toDCYF. c. Once the retention standard has passed, Contractors may destroy data as oulined below: (1 ) The following acceptable methods of destruction must be used: Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 25 Data stored on:Will be destroyed by: Server or workstation hard disks, or Removable media (e.9. floppies, USB flash drives, portable hard disks) excluding optical discs Using a "wipe" utility which will overwrite 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 Category 3 Confidential lnformation Recycling through a contracted firm, provided the contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Category 4 Confidential lnformation requiring special handling (e.9. protected health information) On-site shredding, pulping, or incineration Opticaldiscs (e.9. CDs or DVDs)lncineration, shredding, or completely defacing the readable surfacewith a coarse abrasive Maqnetic tape Degaussin g, incineratin g or crosscut shredd inq 14. Data shared with Subcontractors a. lf the Subcontractor cannot protect the Data described in this Contract, then the contract Wth the subcontractor must be submitted to the DCYF Contact specified for this contract for review and approval. b. The Contractor shall not share any Data with the Subcontractor until the Contractor receives such approval. 15.Notif ication of Co mp romise o r Pote ntia I Comp romise a. The Contractor shall notify DCYF by way of the Contracts and Procurement Office email at dcyf.contractdatabreach@dcyf.wa.gov within one (1 ) business day, after becoming aware of any potential, suspgctgd, attempted or actual breach that has compromised or the potenti4 to compromise DCYF shared Data. b. The Contractor shall take all necessary steps to mitigate the harmful effects of such breach of security. c. TheC.ontractorggpegtodefend,protectandholdharmlessDCYFforanydamagesrelatedtoa breach of security by their staff. Breach of Data a. 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: (1) Require that the Contractor return all Data to DCYF that was previously provided to theContractor by DCYF; and/or (2) Suspend the Contracto/s access to accounts and other information;and/or (3) Terminate the Contract. Department of Children, Youth & Fam ilies 2017CF County Program Agreement 6-24-20 16 Page 26 Exhibit B Statement of Work Alternative Choice Training (ACT) and Education and Employment Training (EET) Consultation for County Juvenile Courts 1. Service Delivery a. The Contractor shall provide to statewide ACT Trainers, by telephone or in-person, clinical consultation services. Services shall include, but are not limited to: (1) Providing clinicalconsultation to ACT Trainersthroughout the state; (2) Participating in and providing ACT Trainertraining; (3) Monitoring by direct observation or video recordings of ACT sessions for adherence and compliance to ACT program standards; (4) Reporting monitoring results to the JR Juvenile Court Program Administrator and to the statewide ACT Quality Assurance specialist on a monthly basis; (5) Providing assistance with individual ACT Trainers improvement plans; and (6) Participating in implementation and ongoing program development meetings. b. The Contractor shall provide statewide program consultation and development for the EET program. Services shall include, but are not limited to: (1) Providing group and individual consultation to Education and Employment Specialists (EES) throughout the state; (2) Developing, participating, and providing EET training; (3) Monitoring by direct observation, video, or audio recordings of Job Readiness Training sessions, and individual EES sessions for adherence and compliance to EET program standards; (4) Reporting monitoring results to the JR EET Quality Assurance Specialist on a monthly basis; (5) Providing assistance with individual EES improvement plans; and (6) Participating in implementation and ongoing program development meetings. 2. Deliverables. a. Monthly Reporting The Contractor shall provide mo.nthly activity and monitoring summary reports (ACT and EET)tothe JR Juvenile Court program Administrator. Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 27 4. b. Quarterly Reporting The Contractor on a quarterly basis shall provide the JR Juvenile Court Program Administrator and the Statewide ACT Quality Assurance Specialist (OAS) a report that summarizes the following information for allACT Trainers served that quarter: (1) Number of ACT Trainers served; (2) Number of ACT Trainers placed on lnformal lmprovement plans; (3) Number of ACT Trainers who successfully completed their lnformal lmprovement Plans; (4) Number of ACT Trainers who did not complete or unsuccessfully completed their lnformal lmprovement Plans and were referred to the ACT QAS for further action. c. Outcome Reporting The Contractor shall report to the JR Juvenile Court Program Administrator at the completion of services to ACT Trainers the following information: (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. Consideration. Total consideration payable to Contractorfor satisfactory performance of the work under this Contract is up to a maximum of $46,401, including any and all expenses, and shall be based on the following: a. The maximum consideration payable for Fiscal Year 2024 is $22,869. Funds not expended in Fiscal Year 2023 cannot be carried over to the following Fiscal year. b. The maximum consideration payable for Fiscal Year 2025 is $23,532. Funds not expended in FiscalYear 2024 cannot be carried over to the following Fiscalyear. c. The Contractor shall be paid $55.59 per hour in Fiscal year 2024, and $57.26 per hour in Fiscal Year 2025 for clinical consultation services and payment shall be based upon the JR Juvenile Court Program Administrator receipt and approvar of monthry summary report. d. The Contractor shall only be reimbursed fortravel costs pre-approved in writing by the JR Juvenile Cou rt Program Ad ministrator. DCYF Program Contact. The Contractor shall notify the DCYF Program Contact listed below for any ques tions or issues related to services under this contract: Cory Redman Juvenile Court Programs Administrator Juvenile Rehabilitation - He 360.480.1 194ssjv.@ 5 Departmentof Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 2B THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF KITTITAS JUVENILE COURT DIVISION SUPERIOR COURT JUDGES SCO'TI 1T, SPAI{KS L. C;\NDr\Cll FIOOPI-l{ 205 W 5rH AVENUE, STE. 211, ELLENSBURG, lrA 98926 509 -962-7 516 F l\X 509 -962-7 667 JUVENILE COURT ADMINISTRATOR L\l'ltINA l). N'II\NI(US l,ir:t.;cirletl ,,rii{i t} fi ill?ii l.lt.;T't I' f ttr'titt;t: August 3,2023 Karena McGovern Department of Children, Youth and Families Contracts and Procurement Office Admi n istrative Services Division PO Box 40983 Olympia, WA 98504 Dear Karena, I have enclosed an original of the county Program Agreement ACT and EET euality Assurance SFY 2024-2025 - Contract #2363-49714. Please sign and return for filing in Kittitas County. I will email you a scanned final contract once filed. la preciate your assistance. lf there are any questions, please contact me at 509-962-7516 Sin rely, Katrin Juven ile dministrator Kittitas County Juvenile Court Services Enclosures - as noted ankus