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HomeMy WebLinkAboutEvidence Based Expansion County Program Agreement ExecutedCOU NTY PROGRAM AG REEMENT Evidence Based Expansion DCYF Agreement Number 2363-51827 This Program Agreeme Depadment of Children nt is by and between the State of Washington , Youth & Families (DCYF)and the County identified below, and is issued in conjunction with a County and DCyF Agreenrent On General Terms and Conditions which is inco rporated by reference Administration or Division Agreement Number Co unty Ag reemen t Number DCYF ADMINISTRATION Department of Children, Youth, and Families DCYF DIVISION Children, Youth and Families DCYF INDEX NUMBER 1225 DCYF CONTRACT CODE 2000cc-63 DCYF CONTACT NAME AND TITLE Karena McGovern Contract Specialist DCYF CONTACT ADDRESS 1115 Washington St SE Olvmpia, WA 98504 DCYF CONTACT TELEPHONE (360)870-5727 DCYF CONTACT FAX i-;iii:i.:, i:liiil i* *rililr iit:.:l DCYF CONTACT E-MAIL karena. mce overn@d cvf .wa. q ov COUNTY NAME Kittitas County Juvenile Court Services Depar.tment COUNTY ADDRESS 205 West 5th Ave Suite 211 Ellensburo. WA 98 COUNTY FEDERAL EMPLOY NUMBER ER IDENTIFICATION COUNTY CONTACT NAME Katrina Mankus COUNTY CONTACT TELEPHONE (50e) e62-7516 COUNTY CONTACT FAX katrina. mankus @co. kittitas.wa. us COUNTY CONTACT E-MAIL ts rHE couNTy A suBRECIptENT FoR punposrS AGREEMENT? No THIS PROGITAM CFDA NUMBERS PROGRAM AGREEMENT START DATE 10t01t2023 PROGRAM AGREEMENT END DATE 06130t2025 MAXI IVIUM PROGRAM AGREEMENT AMOUNT See Exhibit B Term HEX B ITS theWhen OXb OWbel mrs witarked het owifollahXn Ex h itb are chedatta nda are nco ong rated nt tho Srp roP ra mCo re trem bnt ref erenuntyg ce:g v xhE b ts hEx b Ait vidE e(spec nce-Based onifv)ractCont Rei mExpansi b eUTS Pment Uroced res dan roP ramg Res NSo itib ESiti E X hi itb B S tatem nt fpo Wo rk Exh itb C M nto Pro e ct eat rmFohlvUpd hibEx t D M no rh Rei ursmb mente ues Ft rmo an Exd hvReq itb E fterlQua T et d Foate rmvargUp ME(S)AND DATE(S) StG J,^"bt Sa.t R sp-hl ( o 'le- zJ 'Pv t" Jr6 J'^dac" GNA P fiThetermaScondndNStiofohitCoStntracareanratntondaresentntoofintegthe nal ent arre ndrep EX UScl endUrsetandetweenbtheingSrtiesersandpaupemallTEVIOUSedingrgrngpreementswflagdcomndmuntingS,ocati Sn ralorhenviotrdtheregase,maect oftterngsubj Cothis Thntract.e a fiies S elowbpntnqg resent tthat herep ehav andreadYdUNtaersthndSCohaandtheVCuthoantract,to uteexec th S Cont ract CoThisrity rant ct alh b be n d no D FCY oing nlynretubDCYF NATUD y'/dn,/, DATE SIGNED _b-p-a< Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 1 ADOPTED this lTru da U"e- 2023yof A BOARD OF COUNTY COMMISSIONERS KITTITAS UNTY,HINGTON ma Vice-Chairman La iadacz, Commissioner APPROVED AS TO FORM -\rg\\€r Douglas tchell, Deputy Prosecuting Attorney lerk of the Board- Julie Kjorsvik n Deputy Clerk of the Board- Mandy Buchholz Cor .slz\L ht, cha General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in the Agreement, shall each havethe following def initions: "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. '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 reg ulation. "County" means the political subdivision of the state of Washington named above performing services pursuant to this Agreement and any Program Agreement. "County Representative" means an individual in the position of County Manager, County Administrator, County Executive, or other similar position which repods to the highestgoverning body responsible for the subject matter of the Agreement or applicable Program Agre-ement(sf. 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. "DCYF Contracts Department" means the Department of Children Youth & Families statewide agency headquarters contracting office, or successor section or office. "DCYF Representative" means any DCYF employee who has been delegated contract-signing authority by the DCYF Secretary or his/her designee. "Department of Children, Youth & Families" or "DCYF" means the Washington agency devoted exclusively to serve and support Washington state's youth and their families. "Debarment" means an action taken by a federal official to exclude a person or business entityfrom participating in transactions involving certain federalf unds. "General Terms and Conditions" means the contractual provisions contained within this Agreement, which govern the contractual relationship between DCYF and the County, under theProgram Agreements subsidiary to and incorporating therein by ref erence this Agreement. "Program Agreement" or "County Program Agreement" means a written agreement between DCYF and the County containing special terms and conditions, including i statement of work to be performed by the_C_ounty and payment to be made by DCYF. This tdrm may also refer to anagreement between DCYF and the County, which was transferred to DCYF by operation of law. "RCW" means the Revised Code of Washington. All references in this Agreement and anyProgram Agreement to RCW chapters or sections shall include uny ru..u"rsor, amended, orreplacement statute. 'Secretary" means the individual appointed by the Governor, State of Washington, as the hed ofDCYF, or his/her designee. "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 thatthe County shallperform pursuant to any Program Agreement. a b c d e f g h J. k. m n Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 2 4. 5. 2. 3 6 7 I 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 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 modif ied only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. Assignment. Except as otherwise provided herein in Section 2'1, the County shall not assign rights or obligations derived flom lhls Agreement or any Program Agreement to a third party withouithe prior, written consent of the DCYF Contracts Administrator and tFe written assumption ofthe 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 thb services were performed. 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 fedeial, state, and local lawi, regulations, and rules, including but not limited to, nondiscrimination laws and regulations and the Health lnsurance Portability and Accountability Act of 1996 (HlpM) CountyCertification Regarding Ethics. By signing this Agreement, the County certifies that theCounty is in compliance with Chapter 42.23-RCW aio slratt-comply with Crraptei+2.23 RCWthroughout the term of this Agreement and any program Agreement. Debarment Certification. The County, by signature to this Agreement, certif ies that the County isnot presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded f rom participating in this Agreement or any ProgramAgreement by iny f ederal department or agency' The County also agrees to include the above requirement in all iubcontracts into which itenters. Disputes. Both DCYF and the County ("Parties") agree to work in good faith to resolve all conf licts at thelowest level possible. However, if the Parties are not aoli to promptly and eff icienfly resolve,through direct informal contact,-any dispute concerning the interpiet"ation, application, orimplementation of any section of the Agreement or applicable Program ng'r;bilent(s),'either party may reduce its description of the dispute in writing, and deliver it to the otner party iorconsideration' Once.received, the assigned managers or designees of each party will work toinformally and amicably resolve the issue within f ive (5) business days. lf the managers ordesignees are unable to come to a mutually acceptable decision withih five (5) businLss days, theymay 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 througheach Agency's respective operational protocols, to the S6cretary of DCyF (,,Secretary") and thecounty Representative.or theirdeputy or designated delegate. Both parties will be responsible forsubmitting all relevant documentation, along witn a short Jtatement as to how they believe thedispute should be setfled, to the secretary and the county Representative. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 3 General Terms and Conditions Upon receipt of the referaland relevant documentation, the Secretary and County Representative will conferto considerthe 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. Both Parties 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 theAgreement is warranted for ongoing clarity, the Parties will execute an amendment to incorporate the finaldecision into the Agreement. lf this dispute process is used, the resolution decision will be f inaland binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. Notwithstanding the f oregoing, each Party reserves the right to litigate issues de novo in court. 9. Entire Agreement. This Agreement and any Program Agreement, including all documents attached to or incorporated by reference into either, shall contain all the terms and conditions to be agreed upol by the parties. Upon execution of any Program Agreement, this Agreement shall beconsidered incorporated into that Program Agreement by refereince. No other uinderstandings orrepresentations, oral or otherwise, regarding the subject matter of this Agreement or any pro!ram Agreement shall be deemed to exist or bind the parties. 10. Governing Law and Venue. The laws of the state of Washington govern this Agreement. ln the event of a lawsuit by the Coynlv against _DCYF involving this Agreement or a program Agreement,venue shall be proper only in Thurston County, Washington. i-n tfre event of a lafusuit OV oCVF against the County involving thisAgreement or a Program Agreement, venue shall be profer only mprovided in RCW 36.0'1.050. 1 1' Responsibility. Each party to this Agreement shall be responsible forthe negligence of its off icers,employees, and agents in the performance of any Program Agreement. ruo pirty to this Agreement 9r.?ly Program Agreement shall be responsible for the acts and/or omissions of entitieJorindividuals not party to this Agreement and any Program Agreement. oCVr and the County shallcooperate in the defense of tort lawsuits, when possible. Both parties agree and understand thatsuch cooperation may not be feasible in all circumstances. DCYF and the-County agree to notify theattorneys of record in any tort lawsuit where both are parties if either DCyF or the County enters intosettlement negotiations. lt is understood that the notice shall occur prior to any negotiations, or assoon as possible thereafter, and the notice may be either written oi oral. 12' lndependent Status. For purposes of this Agreement and any Program Agreement, the Countyacknowledges that the County is not an off icei, employee, or agent of ocyF or the state ofWashington. TheCountyshallnotholdoutitselforany-of itsem"ployeutu.,norclaimstatusas,an off icer, employee, or agent of DCYF or the state of washington. The'County shall not claim for itselfor its employees any rights, privileges, or benefits which woiuto accrue to an emptoyee of the state ofWashington' The County shallindemnify and hold harmless DCyF from all obligations to pay orwithhold federal or state taxes or contributions on behalf of the County or the-Co"unty', emproye"s. 13' Inspection. Eitherparty may request reasonable access to the other party's records and place ofbusiness for the limited purpose of monitoring, auditing, and evaluating irre oftrer party,s compliancewith this Agreement, any Program Agreemeni, ano "pfti.iotu laws and regulations. During the term Department of Children, youth & Families 2017CF County Program Agreement 6-24_20 Page 4 General Terms and Conditions 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, anyProgramAgreement, 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. Insurance. DCYF certif ies 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 Countyiertif ies that it is self-insured, is a member of a risk pool, or maintains insurance coverage as requiied in any Program Agreements. The County shall pay for losses 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 of this Agreement, both parties shall maintain records sufficient to: a. Document performance of all acts required by law, regulation, or this Agreement; b. Demonstrate accounting procedure_s, practices, and records that suff iciently and properly document the County's invoices to DCYF and all expenditures made by the County to'periorm as required by this Agreement. l6.Operationof General TermsandConditions. TheseGeneral TermsandConditionsshall be incorporated by reference into each Program Agreement between the County and DCYF in eff ect onor after the start date of this Agreement. These General Terms and Conditions govern and apply only to work performed under Program Agreements between the parties. 17. Order of Precedence. ln the event of an inconsistency in this Agreement and any program Agreement, unless otherwise provided herein, the inconsistency shall be resolved OV gi;tng precedence, in the following order, to: a. Applicable federal and state of washington statutes and regulations; b. This Agreement; c. The Program Agreement(s). 18. Ownership of Material. Material created_by the County and paid for by DCyF as a part of anyProgram Agreement shall be owned by DCYF and shall be "work made ior hire" as def ined by i 7USCS 101. This material includes, but is not limited to: books; computer programs; documents;iitr,^u;pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or trahing materials. Materialwhich the County uses to peform a Program Agreemeni but is not created foroi paid for by DCYF 6owned by the County and is not "work made for hire"; however, DCYF shall have a perpetual licenseto use this material for DCYF internal purposes at no charge to DCYF, provided thai such licenseshall be limited to the extent which the County has a right io grant such'a license. 19' Severability. The provisions of this Agreement and any Program Agreement are severable. lf anycourt holds invalid any provision of this Agreement or a itrogiamAgr6ement, incf uOing ".V pi""i*;of any document incorporated herein or therein by reference, that i-nvalidity srratt not aff ect the otherprovisions this Agreement or that program Agreement. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 5 General Terms and Conditions 20. 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 jointly and severally liable for personal injury damages arising from any act oromission under this Agreement or any Program Agreement, then 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. 21. Subrecipients. a. General. lf the County is a subrecipient of federalawards as def ined by 2 CFR Part 200 and this Agreement, the County will: (1) Maintain records that identify, in its accounts, all federal awards received and expended andthe federal programs under which they were received, by Catalog of Federal Domestic 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 laws, regulations, and provisions of contr-acts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate f inancial statements, including a schedule of expenditures of federal awards; (4) lncorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between theCounty and its Subcontractors who are subrecipients; (5) Comply with the appliclble requirements of 2 CFR Part 200, including any f uture amendments to 2 CFR Part 200, and any successor or replacement Offic6 of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Tiile Vl of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Tifle ll of the Americanswith Disabilities Act of 1990, Title lX of the Education Amendments of 1972, The AgeDiscrimination Act of 1975, and The Department of Justice Non-Discriminatfln Regutations,28 C'F.R. Parl42, 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 $2S0,000 or more infederal awards from all sources in any f iscal year, the County will procure and pay for a singleaudit or a program-specif ic audit forthat f iscal year. Upon completion of each auOii, tfre Cou-ntywill: (1) Submit to the DCYF contact person the data collection form and reporting package specifiedin 2 CFR Part 200, Subpart F, reports required by the program-specifiJaudit g"rio. 1irapplicable), and a copy of any management letters issued 6y the auditor; (2) Follow-up and develop corrective action forall audit f indings; in accordance with 2 CFR part Department or chirdren, ?"t?n :Hi#,flT F; prepare a "summary schedule of Prior nJoii rinoings" reporting the status 2017CF County Program Agreement 6-24-20 page 6 General Terms and Conditions of all audit findings included in the prior audit's schedule of findings 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 under this or any Program Agreement, DCyF may require the County to reimburse DCYF in accordance with 2 CFR part 200. 22. Survivability' The terms and conditions contained in this Agreement or any Program Agreementwhich, by their sense and context, are intended to survive ttie expiration of 'a part'icular F ogrut Agreement shall survive. Surviving terms include, but are not limited to: Disputes, Responsibility, lnspection, Maintenance of Records, Ownership of Material, Subcontracting, iermination f or Def auft,Termination Procedure, and Tifle to property. 23. Termination Due to Change in Funding, Agreement Renegotiation or Suspension. lf the funds D.CYF relied upon to establish any Program Agreement are withdrawn, reduced orlimited, or if additional or modif ied conditions aie pla6ed on iuch f unding, after the eifective date ofthis Agreement but prior to the normal completion of any Program Agreement: a- At DCYF's discretion, the Program Agreement may be renegotiated under the revised f undingconditions. b. Upon no less than fifteen (15) calendar days'advance written notice to County, DCyF maysuspend County's performance of any Proglam Agreement when DCYF determines that there isreasonable likelihood that the funding insuff iciency may be resolved in a timeframe that wouldallow the County's performance to be resumed prror tothe normal completion date of theProgram Agreement. For purposes of this sub-section, "written notice'i may include email. (1) During the period of suspension of performance, each partywill informthe otherof anyconditions that may reasonably affect the potential for resumption of performance. (2) When DCYF determines that the funding insufficiency is resolved, it will give the Countywritten notice to resumeperformance Upgn the receipt of this notice, th"e County willprovide written notice to DCYF informing DCYF whether it can resume performance and, ifso, the date of resumption. (3) lf the County's proposed resumption date is not acceptable to DCyF and an acceptable datecannot be negotiated, DCYF may terminate the Program Agreement by giving *riifn noticeto the Co-unty. The parties agree that the Program Agreem"ent will be terminated retroactiveto the effective date of suspension. DCYF snatl oeliaole only for payment in accordancewith the terms of the Program Agreement for services renderei througi the retroactive dateof termination. c' DCYF may terminate the Program Agreement by providing at least f ifteen (15) calendar days,advance written notice to the County. DCYF snit'oe liable"only foi payment in accordance withthe terms of the Program Agreemeht for services rendered through the effective date oftermination. No penalty shall accrue to DCYF in the event the termlnation option in this sectionis exercised. 24' Termination for convenience' The DCYF ContractsAdmnistrator, or 4propriate designee, mayterminate this Agreement or any. Program Agreement in whole oi in purt for conveiience uy givingthe county,at least thirty (30) calendar days;written notice addressed to ir.re c;;.ty;i i;"""00r"r,shown on the cover page of the applicable agreemgnf Tjrg county may terminate th is Agreementand any Program Agreement f119_olvenienie by giving DCYF at teasithirty (30) catendar days, Department ",Hilffl iil'f? g*X,::tt"o to: DCYF contracts Department, Po Box 4s710, otympia, washington 2O17CF County Program Aqreement 6-24_20 page 7 General Terms and Gonditions 98504-571 0. 25. Termination for Default. a. The DCYF Contracts Adninistrator, orappropriate designee, may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to the County, if DCyF has a reasonable basis to believe that the County has: (1) Failed to meet or maintain any requirement for contracting with DCyF; (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 thisAgreement or any Program Agreement for default, DCYF shall provide the County with writtennotice of the County's noncompliance with the agreement and provide the County a reasonableopportunity to conectthe County's noncompliance. lf the County does not correct the County,sno_ncompliance within the period of time specified in the written notice of noncompliance, th-eDCYF Contrrcts Administrator, or4propriate designee, may then terminate the agreement. TheDCYF Contracts Administrator may terminate ihe agreement for default without such writtennotice and without opportunity for correction if DCVF has a reasonable basis to believe that aClient's health or safety is in jeopardy. c. The County may terminate this Agreement or any Program Agreementfor default, in whole or inpart, bywritten noticeto 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 program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any program Agreement; and/or (4) otherwise breached any provision or condition of this Agreement or any program Agreement. d' Before the County may terminate this Agreement or any Program Agreement for default, theCounty shall provide DCYF with written notice of DCYF's nonc"ompliaice with the agreement andprovide DCYF a reasonable opportunity to correct DCYF's noncompliance. lf DcyF does notcorrect DCYF's noncompliance within the period of time specified in the written notice ofnoncompliance, the county may then terminate the agreement. 26' Termination Procedure. The following provisions apply in the event this Agreement oranyProgram Agreement is terminated: a' The county shall cease to perform.any services required by the program Agreement as of theeffective date of termination and shalicomply with all reasonable insiructions contained in thenotice of termination which are related to the transfer of clients, oisirioution of property, andtermination of services. Department of Children, youth & Families 2017CF County Program Agreement 6-24-20 Page 8 General Terms and Gonditions b. The County shall promptly deliver to the DCYF contact person (orto his or her successor) listed on the f irst page of the Program Agreement, all DCYF assets (property) in the County's possession, including any material created under the Program Agreement. Upon f ailure to return DCYF property within f ifteen (15) working days of the Program Agreement termination, the County sha]! 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 partially completed work and services, if work products are useful to or usable by DCyF. d. lf the DCYF Contrrcts Adninistrator terminates any Program Agreement for default, DCyF may withhold a s{m 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. 2T.Treatmentof Client Property. Unless otherwise provided in the applicable program Agreement, the County shall ensure that any adult client receiving services from the County under Jprogram Agreement has unrestricted access to the client's personalproperty. The County shall not inteifere with any adult client's ownership, possession, or use of the clientrs property. ihe County shallprovide clients under age eighteen (18)with reasonable access to theii peisonal properiy that is appropriate 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 the client's personal property. This section does not prohibit the Coun-iy from implementing such lawful and reasonable policies, procedures and practices as the County deems necessary f or saf e, appropriate, and effective seryice delivery (for example, appropriately restricting clients' access to, or possession or use of , lawful or unlawfulweapons and drugs). 28. Title to Property. Title to all property purchased or furnished by DCYF for use by the County duringthe term of a Program Agreement shall remain with DCYF Titie to allproperty purchased br f urnished by the County for which the County is entitled to reimbursement Uy ObVf under a progran Agreement shall pass to and vest in DCYF. The County shall take reasona'ble steps to proteciand maintain all DCYF property in its possession against lois or damage and shall retuin DCVF ptopurty to DCYF upon termination or expiration of the Program Agreement pursuant to which it waspurchased orfurnished, reasonable wear and tear excepted. 29. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of anysubsequent breach or default. No waiver shall be construed to be a modification of the terms andconditions of this Agreement unless amended as set f orth in Section 2, Amendment. Only the DCyFContracts Administrator or designee has the authority to waive any term or condition of thisAgreement on behalf of DCyF. Department of Children, youth & Families 2017CF County Program Agreement 6-24-20 Page 9 1 EXHIBIT A Evidence-Based Expansion Gontract rerm. Reimbursement procedu res. and Program Responsibilities Contract Purpose The purpose of thisAgreement is to fund and support the program services described in the attached Statement of Work. The contract term begins October 1, 2023 and expires June 30, 2025. 2. Funding As of October '1, 2023lhe rates paid to the County will be the rate calculated for State Fiscal year (sFY) 2024-202s. 3. Statement of Work As of October 1,2023, the County is responsible for adhering to the requirements described in Exhibit B: Statement of Work - Evidence Based Expansion. 4. Late Applications lf the County does not have a completed written application for f unding approved by JR and signed by both parties by October 31 ,2023, JR may discontinue reimbursement untiithe applitation is coinpleted and approved. Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 10 1 EXHIBIT B STATEMENT OF WORK Evidence Based Expansion Definitions The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Client" means any child or adult who is authorized services by DCyF. b. "County" means the Contractor. c. "DCYF" means the Department of Children, Youth, and Families. d. "JR means Juvenile Rehabilitation, a program under 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), f or more than a nominal amount of time that is the result of the person's regularly scheduled activities or work duties. Purpose As mandated by the Washington State Legislature, the purpose of this Contract is to provide f unding to expand evidence-based treatment and training programs administered by localjuvenile courts. fhe expanded programs include: . Functional Family Therapy (FFT); . Multi-Systemic Therapy (MST); . Coordination of Services (COS); and . Education and Employment Training (EET). General Requirements Upon approval of the County Juvenile Court's Approved Evidence Based Expansion ApplicationResponse, the County Juvenile Court shall: a' Provide projects and services in compliance with the County Juvenile Court's Approved EvidenceBased Expansion Application Response to the Rehabilitatioh Administration's JuvenileRehabilitation (JR) Evidence Based Expansion solicitation; b' Administer a washington State Juvenile Court prescreen or full risk assessment to participatingyouth. Youth who are moderate to high risk on the prescreen assessment must receive a f ullassessment. All moderate to high risk youth must receive a reassessment at the end of probation,in accordance with the timeline specif ied in the County Juvenile Court's Approved Evidence BasedApplication Response; and 2 3 Department of Children, youth & Families 2017CF County Program Agreement 6-24-20 Page 1 1 4 c. Ensure compliance with existing Community Juvenile Accountability Act (CJAA) State Quality Assurance Programs for the following programs: Functional Family Therapy; Multi-systemic Therapy, Coordination of Services; and Education and Employment Training. Intervention Programs a. Functional Family Therapy, Multi-systemic Therapy, Coordination of Services, and Education and Employment Training. b. The County Juvenile Court must serve the numberof youth at the cost budgeted and as detailed in the County Juvenile Court's Approved Evidence Based Application Response. lf the County Juvenile Court anticipates a deviation from any aspect of its Application Response, it must submit a written request for prior approval to the JR Juvenile Court Treatment Programs Administrator. Service delivery must be based on and adhere to the following specifications: (1) For Functional Family Therapy (FFT): (a) General precepts/practices contained in FFT, LLC lnitial 3-Day Training; (b) AssessmentiReporting Standards contained in FFT, LLC 1-Day Systems Training; (c) Clinical feedback f rom 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) Preceptsipractices of MST contained in Blueprints for Violence prevention; sn6 (b) General precepts/practices contained in training, consultation, and clinical oversight as overseen by MST Services. (3) For Coordination of Services (COS): (a) Precepts and practices contained in Coordination of Services Statewide Manual; and (b) General Precepts and practices contained in the Coordination of Services initial training. (a) Employment Education and Training (EET): (a) General precepts and practices contained in the EET Statewide Manual; and (b) Feedback from designated EET statewide Quality Assurance Specialist in on-goingconsultation and site visits. c. For the interventions listed above, the Juvenile court shall comply with: (1) Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 12 5 6. (2) RCW '1,3,a0.500 through 13.40.550 which requires County Juvenile Courts to collect the name, date of birth, gender, social security number, and Juvenile lnformation System (JUVIS) number for each juvenile enrolled in the Evidence Based Expansion Program (EBp). Pedorman ce-Based Contracti n g I mp lementatio n DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by House Bill 166'1. The purpose of this change is to help achieve DCYF's long-term outcome goals, with a focus on building partnerships, using diia to learn and improve, and advancing racial equity. Consideration The maximum consideration for the Evidenced Based Expansion program for SFY24-25 is identif ied in the "Juvenile Court Evidence Based Expansion Funding Awards SFY24-25" list, incorporated by reference below in Section 11 of this Statement of Work. a' Under expenditures in SFY24 may not be carried forward to the subsequent f iscal year. A revenue sharing process may be made available during the latter part of SFY24 and SFY2-5 for all counties participating in Evidence Based Expansion contracts, provided f unding is available. b. The f ull list of priorities is detailed in the "County Juvenile Court's Washington State Juvenile Court Evidence Based Expansion Application". County Juvenile Courts shall submit the JR provided "Revenue Sharing Requests/Returns Form" to the JR Juvenile Court Treatment programs Administrator no later than May 15th of each fiscal year. Late submittals shall not be considered, unless otherwise mutually agreed upon. Revenue sharing increases and decreases will be awarded by distribution of a revised "Juvenile Court Evidence Based Expansion Funding AwardssFY24-25list. The total maximum consideration for this contract may increase or decreise,depending on the results of revenue sharing distributions and changes in appropriations as directed by the legislature." c. JRwill reviewutilizationbyJanuaryl"teachfiscal year. lf theCountyJuvenileCourthas significantly exceeded their proposed cost per participant as detailed in their "County Juvenile Court's Washington State Juvenile Court Evidence Based Expansion Application", the Juvenile Court Treatment Programs Administrator and CJAA Advisory Committee shall intervene and adevelop a work plan with the County Juvenile Court to maintain compliance with their propos-d costper participant. d. The cost per participant is determined in the "County Juvenile Court's Washington State JuvenileCourt Evidence Based Expansion Application", incoiporated herein by reference." e. Reimbursable costs include staff salaries, staff benef its, training, fees, quality assurance whereappropriate, and local expenditures on administration. f . Reimbursement for administrative and equipment costs shall not exceed 15% of the original annualallotment' Administrative costs include discrete, assignable activities and cost necessary for overallmanagement and support of a program. Payment and Billing a' DCYF shall pay the County upon acceptance by DCYF of a properly completed lnvoice Voucher (A-19), or other JR pre-approved invoice document, and the required ronir'ty project forms. JRretains the right to withhold payment for incomplete or delinquent reimbursement packages. 7 Department of Children, youth & Families 2017CF County Program Agreement 6-24-20 Page 1 3 The following Deliverables must be attached with the lnvoice Voucher (A-19)and completed bef ore payment will be made by JR: (1) Monthly Project Update Form. Use Exhibit C - Monthly Project Update Form. Submit a separate Update Form for each intervention program (FFT, MST, cos and EET); (2) Monthly Reimbursement Request Form. Use Exhibit D - Monthly Reimbursement Request Form. Submit a separate Update Form for each intervention program (FFT, MST, COS and EET); (3) Quarterly Target Update Form. Use Exhibit E - Quarterly Target Update Form. Submit a separate Target Update Form for each intervention program (FFT, MST, COS and EET) to JR within 1 5 days f ollowing each f iscal quarter being reported on. This f orm does not need to be submitted with the monthly lnvoice Voucher (A-19); and (4) completed Monthly Business lntelligence Tool (Blr) EBp Summary Report. The County Juvenile Court agrees to accept payment as outlined in this Billing and Payment Section of the Contract as total and complete remuneration for services provided to offenders under this Contract. This does not preclude the County f rom seeking other f unding sources. No indirect costs are allowed. The County Juvenile Court shall use these f unds to supplement, not supplant, the amount of federal, state, and localfunds otherwise expended for the services provided under this Contract. Under no circumstance shall the County Juvenile Court bill twice for the same services. f ' The County Juvenile Court shall maintain backup documentation of all costs billed under this Contract. g. Stop Payment. lf reports required under this Contract are delinquent, JR may stop payment to the County Juvenile Court until such required reports are submitted to JR. 8. County Compliance a. Subcontractors lf the County Juvenile Court utilizes subcontractors for the provision of services under this Contract, the County Juvenile Court must notify the JR Juvenile Court Treatment programs Administrator inwriting and maintain suff icient documentation to verify that the subcontractors meet all therequirements under this Contract. ln no event shall the existence of a subcontract release orreduce the liability of the County Juvenile Court for any breach of performance. b. Other Provisions The County Juvenile Court shall comply with the following other provisions for all services providedunder this Contract. (1 ) Background Check/Criminal History (a) This requirement applies 19 "ny employees, volunteers and subcontractors who may haveunsupervised access to children served under this Contract. (b) ln accordance with Chapters 388-700 WAC (JR -Practices & procedures), 72.05 RCW(Children & Youth Services), and by the terms of this contract, the County and each of itsDepartment of Children, youth & Families 2O17CF County Program Agreement 6-24-20 page .14 b c d e 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 ind background check. ln addition, the County, each of their employees, subcontractors, and/or volunteers, who may or will have limited access to any client/juvenile, may be required to be cleared through a JR approved criminal history and background check. (c) By execution of this contract, Contractor aff irms 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: i. Any felony sex offense as defined in g.94A.030 RCW (Sentencing Reform Act- Definitions) and 94.44.130 RCW (Sex Offenses); ii. Any crime specif ied in Chapter 9A.44 RCW (Sex Offenses) when the victim was ajuvenile in the custody of or under the jurisdiction of JR; or iii. Any violent offense as def ined in 9.94A.030 RCW (Sentencing Ref orm Act-Def initions). Contractor must require that current employees, volunteers, and contracted serviceproviders who are authorized for regular access to a juvenile(s) report any guilty plea orconviction of any of the above offenses. The report must be made to the ferson,ssupervisorwithin seven-(7) days of conviction and any person who have reported aguilty plea or conviction f or one or more of these offenses must not have regular access to any offender. Contractor shall also document background checks/crimirial history clearances for monitoring purposes. (2) Sexual Misconduct (a) Sexual Misconduct- 13.40.570 RCW (Sexual misconduct by state employees, contractors)states that when the Secretary has reasonable cause to beiieve that sexual intercourse or'sexual contact.between the employee of a Contractor and an offender has occurred, theSecretary shall require the employee of a Contractor to be immediately removed from anyemployment position which would permit the employee to have uny uc"L.s to any offendei. (b) By execution of this Contract, Contractor affirms that Contractor, each of its employees,subcontractors, and/or volunteers are knowledgeable about the requirements of i 3.40.570RCW (Sexual_misconduct by state employeeslcontractors) and of 'tfre crimes included in9A*44 RCW (Sex Offenses). (c) ln addition, the Secretary shall disqualify for employment with a Contractor in any positionwith access to an offender, any person: (d) Who is found by the department, based on a preponderance of the evidence, to have hadsexual intercourse or sexuar contact with the offender; or (e) Convicted of any crime specif ied in chapter gA.44 RCW (Sex offenses) when the victim wasan offender (f ) lf any actions are taken under 19.40.570 RCW, subsections (3) or (a), the contractor mustdemonstrat- Lq I: secretary,they.have greatly reduced the likelihood that any of itsemployees, volunteers, or subcontractori couid have sexual intercourse or sexual contactwith any offender' The Contract shall not be renewed unless the Secretary determinessignificant progress has been made. Department of Children, youth & Families 2017CF County Program Agreement 6-24_20 Page 15 I Compliance 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. Monitoring The County shall assist the JR to perform reviews of sites where services are delivered at regular intervals using agreed upon forms and methods. Items lncorporated by Reference a. RCW 13.40.500 13.40.550; b. J uv.e.n ile Disposi-ti.e.n Sen.t.e n cinq..$tan dard s ; d. Providing Evidence-Bqsed Programs with Fidelity in Washington State Juvenile Courts: Cost Analysis; and e. The County's SFY 2024-2025 Washington State Juvenile Court Evidence Based Expansion Application. JR Program Contact lnformation The primary program contact for this Contract for DCyF shall be: Robert Leonard Program Administrator Juvenile Rehabilitation 1115 Washington St. SE 98504-4570 206.639.6009 Robert. Leonard@dcyf .wa. gov 10. 1',! 12. c Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 1 6 EXHIBIT C Juvenile Court Evidence Based Expansion MONTHLY PROJECT UPDATE FORM 5FY24.25 The following information must be submitted on the Monthly Project Update Form, as provided by JR, for each type of intervention (FFT, MST, COS and EET) and attached to an lnvoice Voucher Form A- 19 when submitting requests for payment to JR: a. County Name b. Month/Year of Service c. The court's projected number of youth who will start the program for the current f iscal year d. The number of youth who started the program during this month (Youth shall only be counted as a starter one time per evidence based program per probation obligation) e. The total number of youth who started the program since the beginning of the current f iscal year f. The number of youth who have successfully completed the program during this month g. The number of youth who have successfully completed the program since the beginning of the current f iscal year h. The total number of youth who are still active in the program and have not completed as of the end of this month i. The Total Reimbursement for the program since the beginning of the current fiscal year j. The County's current cost per youth for the program k. Program Comments (include barriers to getting youth to start the programs and/or any opportunities to expand the programs) Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 17 EXHIBIT D Juvenile Court Evidence Based Expansion MONTHLY REIMBURSEMENT REQUEST FORM 5FY24.25 Attach completed Form(s) to an lnvoice Voucher Form (A-19) when submitting requests for payment to JR. Note: Complete a separate MONTHLY REIMBURSEMENT REQUEST FORM for each type of intervention (FFT, MST, COS and EET). COUNTY MONTHiYEAR INTERVENTION P (FFT, MST, ETC.) ROGRAM COSTS THIS MONTH Department of Children, youth & Families 2017CF County Program Agreement 6-24-20 $_ $ $ $ A ministrative not ceed 1 $ TOTAL COST $ Page 1 8 EXHIBIT E Juvenile Court Evidence Based Expansion QUARTERLY TARGET UPDATE FORM SFY24.25 Submit completed Form(s) to JRwithin 15 days following each fiscal quarter being reported on. Note: Complete a separate QUARTERLY TARGET UPDATE FORM for each type of intervention (FFT, MST, COS and EET). COUNTY QUARTER YEAR INTERVENTION PROGRAM (FFT, MST, ETC.) PROPOSED QUARTERLY TARGETS FIRST QUARTER JUL _ SEP SECOND QUARTER OCT _ DEC THIRD QUARTER JAN - MAR FOURTH QUARTER APR - JUN ACTUAL QUAT ERLY TARG ETS 1 2 is the number of youth who reported. participated in the project for the quarter being is the number of youth who completed the project for the quarter being reported BARRIERS/ISSU ES TO M EETING QUARTERLY PARTICIPATIO N IDENTIFIED OPPORTUNITIES T O EXPAND PARTICIPATION Department of Children, youth & Families 2017CF County Program Agreement 6-24-20 Page 1 9 THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF KITTI'TAS JUVENILE COURT DIVISION SUPERIOR COURT JUDGES SCO'IT II. SP1\IU<S I-. C;\NDI\CLi IIOOPIIR JUVENILE COURT ADMINISTRATOR KURINA D. N,IANKIJS 205 W 5TI{ AVENUE, STE. 211, ELLENSBURG,\U/A 98926 509 -962-7 5t6 F AX 509 -962_? 667 October !9,2023 Karena McGovern Department of Children, Youth and Families Contracts and Procurement Office Ad ministrative Services Division PO Box 40983 Olympia, WA 98504 Dear Karena, lhave enclosed an original of the County Program Agreement Evidence Based Expansion SFy 2024-2025 -Contract#2363-51827. Please sign and return forfiling in Kittitas County. lwill email you a scanned final contract once filed. lappreciate your assistance. lf there are any questions, please contact me at 509-962-7516 cerely, Juvenile urt Administrator Kittitas County Juvenile Court Services Enclosures - as noted