HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SAK19-127 —� (�j
DSHS Contract Number:
CLIENT SERVICE CONTRACT11912-61860
Department of.15�31
71TV& Health Senices Resulting From Solicitation Number:
Transforming lives or i rst
F] Children with Special Needs
Z Onsite Family Violence Services
This Contract is between the State of Washington Department of Social Program Contract Number:
and Health Services (DSHS) and the Contractor identified below. Contractor Contract Number -
CONTRACTOR NAME I
CONTRACTOR doing business as (DBA)
Grant County New Hope Domestic Violence and Sexual Assault Sery
CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
PO Box 37 BUSINESS IDENTIFIER (UBI)
4.
EphraLa, VVA 98823 136-000-784 1221
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
SuziFode (509 764-8402 MEWM (509 �766-6574 sfodeaco. grant.wa.us
DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE
Economic Services
Administration Community Services Division 3003XS-12
DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS
John Vasquez 8517 E Trent Ave
WorkFirst Coordinator Ste 103
tSpokane Valley, WA Click here to enter text.
DSHS CONTACT TELEPHONE 1 DSHS CONTACT FAX nSH--q CjONTArr --NAI " A0
DRESS(509)961-1688 509)227-2822 vasquhs.wa.gov
A
IS THE CONTRACTOR ASUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDI"'� NUMEER(S)
No
CONTRACT START DATE CONTRACT END DATE
CONTRACT MAXIMUM AMOUNT
07/01/2019 06/30/2021 $31,000.00
EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference:
Z Data Security: Exhibit A — Data Security Requirements
Z Exhibits (specify):
7 Children with Special Needs Exhibits B - Statement of Work and Exhibit C - Monthly Reporting
rung® Onsite Family Violence Services Exhib®t B - Statement o-'I'Work
Onsite Family Violence Services Exhibit C - Monthly Report plus Attachment 1: TANF Family
Violence Service Plan (Sample)
[] Other Exhibits (specify):
The terms and conditions of this Contract are an integ rati onand.representation `of-tho-finalentire and exclusive
understan ding- between -the ' -parties superseding and, merging all s agreements communications oral
...... Previou,. en -.wri ing
or otherwise, regarding the .su-bject., -a Ler -t.of- -th i s Contract '.
The parties sigpi:g
ow.fepr
sent�-that- the
ve
.read and
understand this Contra6t, andhave the au ority o execute :t iscontract: This.Contract shall bebinding'bn DSHS
only
upon signature by DSHS.
CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Tom Taylor, BOCC Chair
rAj Z' /n
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Charley Barron
CSD Contracts Officer
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[SHS General Terms and Conditions
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3003XS WorkFirst Client Service Contract (01-30-2019)
DSHS General Terms and Conditions
m. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
n. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential Information have access. Secured Areas may include buildings, rooms or locked
storage containers (such as a filing cabinet) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
o. "Subcontract;3 means any separate agreement or contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor
is obligated to perform pursuant to this Contract.
p. "Tracking means a record keeping system that identifies when the sender begins delivery of
Confidential Information to the authorized and intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that
include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery
services (e.g. FedEx, UPS, 'DHL) which offer tracking and receipt confirmation; and (4) the
Washington State Campus mail system. For electronic transmission, the Washington State
Governmental Network (SGN) is a Trusted System for communications within that Network.
r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/.
2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only
personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accordance with this
Contract.
b. DSHS shall not pay any claims, for payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
the Contractor has charged or will charge another agency of the state of Washington or any other
party for the same services.
5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
6. Confidentiality.
a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
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-.-DSHS General Terms and Conditions
Contractor's performance- of the services contemplated hereunder, * except:
L Encemail and/or.
,email. attachments which contain the Confidential Information.
...rypting: �
Il. Encrypting Confiden'tial Information When it is stored on portable devices or media,
d flash memory devices.
including but not limited to laptop computers an
t E hibit, is attached to this. con -tract, this
Note: If the: DSHS Data Security Requiremen s ..x....
iter , 6.b.(4), is superseded by the language contained in the Exhibit.
rmation:.via. a Trusted System.
(5} Send paper documents containing Confidential. Info
(6) Following the requirements oft DSHS Data Security. Require'Me nts Exhibit,,. if attached to this
contract.
end
of the Contract term, or when no Ion needed, Confidential
c. Upon request by DSHS at theg er. ...
Information shall be returned to DSHS or Contractor shall certify in writing that they employed a
DSHS approved method to destroy the information. Contractor may obtain information,. . reqarding
approved destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents wit . h Confidential Information may be recycled through a contracted firm, provided
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3003XS WorkRrst Client Service contract (01-30-2019)
DSHS General Terms and Conditions
the contract with the recycler specifies that the confidentiality of information will be protected, and
the information destroyed through the recycling process. Paper documents containing Confidential
Information requiring special handling (e.g. protected health information) must be destroyed on-site
through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
Confidential Information must be reported to the DSHS Contact designated on the contract within
one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions (Debarred). The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
S. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County.
9. Independent Contractor. The parties intend that an independent contractor relationship will be created
by this Contract. The Contractor and his or her employees or agents performing under this Contract. are
not employees or agents of the Department. The Contractor, his or her employees, or agents
performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such officer or employee.
10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located. These inspection rights are intended to allow DSHS and the Office of the State
Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable
laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract's termination or expiration.
11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the
performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. All records and other material relevant to this
Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started
before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in
the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
13.. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the
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DSHS General Terms and Conditions
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18. Construction. The language in this Contract shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Contract.
19. Contractor Certification Regarding Ethics. The Contractor certifies that the Contractor is now, and
shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service, throughout the term of
this Contract.
20. Health and Safety. Contractor shall perform any and all of its obligations under this Contract in a
manner that does not compromise the health and safety of any DSHS client with whom the Contractor
has contact.
21. Indemnification and Hold Harmless.
a. The Contractor shall be responsible for and shall indemnify, defend, and hold DSHS harmless from .
any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or
fines, of whatsoever kind of nature, arising out of or relating to a) the Contractor's or any
Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the
Contractor or any Subcontractor.
b. The Contractor's duty to indemnify, defend, and hold DSHS harmless from any and all claims,
costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines shall include
DSHS' personnel -related costs, reasonable attorney's fees, court costs, and all related expenses.
c. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
d. Nothing in this term shall be construed as a modification or limitation on the Contractor's obligation
to procure insurance in accordance with this Contract or the scope of said insurance. .
22. Industrial Insurance Coverage. The Contractor- shall comply with the provisions of Title 51 RCW1
Industrial Insurance. If the ' Contractor fails to provide industrial insurance coverage or fails to pay
premiums or penalties on behalf of its employees, as may be required by law, DSHS may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund. DSHS may deduct the
amount owed by the Contractor to the accident fund from the amount payable to the Contractor by
DSHS under this contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&Is rights to
collect from the Contractor.
23. Notice of Overpayment. If the Contractor receives a vendor overpayment notice or a letter
communicating the existence of an. overpayment from DSHS, the Contractor may protest the
overpayment determination by requesting an adjudicative proceeding. The Contractor's request for an
adjudicative proceeding must:
a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia,
Washington 98507-9501, within twenty-eight (28) calendar days of service of the notice;
b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request;
c. Include a statement as to why the Contractor thinks the notice is incorrect; and
d. Include a copy of the overpayment notice.
Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative
Hearings. The Contractor may be offered a pre -hearing or alternative dispute resolution conference in
an attempt to resolve the overpayment dispute prior to the hearing.
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..DSHS- General Terms and Conditions
ay ice of -a
'de OFR with:aw.ritten request for a hearing within, twenty eight (28 0 sof service
u o
overpaym nt, letter.will result n anoverpaymen. eI'd bt aFail re t.-qainst the
overpayment notice orothere,
St costs:associate'd with the collection of
an
C . ontractor. DSHS ma charge the Contractor inte're d any.
losure, seizure
y
foreclosure, and sale
this overpaymentK DSHS may collect an overpayment debt through lien,
or any o e c action
o a H th rollection cti
erAo withh Id and de iver,
ofthe.Coontrabtor's real or-person8l property; ord
DSHS to satisfy available: to::,D at sfy1he overpaymen.
24. Subcontracting.. Except... as of provided in this Contract, the Contractor shall. not. subcontract
e pri or approva DSHS.. Contractor . is responsible to ensure
any ,o f the contracted
services
Without th 1.,Of
certifications set. for t
luded in any and
ifi forth in this Contrac are inc
-:a8surancesand�cert c
that 811 terms, conditions
�been. .--
s unless an exce tion to including a particular term or termshasall Subcontract p approved in
advance by the CCLS Chief I . Any failure of Contractor or its subcontractors to perform the obligations
of this Contract shall not. discharge the Contractor from its obligations hereunder or diminish.DSHS'
rights or remedies available under this Contract.
25. Subrecipients.
a. General If the Contractor is a subrecipient of federal awards as defined .,by 2 CFR Part 200 and
this Agreement, the Contractor shall:
..
'
, 1 it:s, accountssall federal
awardsC'received an:
d expended and the
(1)Maintain records that identify,in ,
sunderw which they4ere receive byCatalog of Fe erai Domestic.Assistance
federal program
(CFDA) title and number, award number, andyear, name of the! federal agency, and name of the
-:!
pass-through enfiity;
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
mpliance.with I regulations and provisions of contracts or grant
federal awards in co aws,
agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule ofexpendituresof federal
awards;
a!!z00'bgrements b'b art uirements into F audit reqetween the
co por 2 CF, u(4) 1n r ate. R Part.p
C ubr i,pi'
Contractor and its Subcontrac orsw P are s. ec ents;
f 2 CFR Part 200, including any future amen e
nts to
(5) 1 Comply� with the, applicable re uirements o dme
-Budge
and t (OMB)
2 CF P rt �200, ccessorR- aand any sd: or replacement Office of Managemenfi
Circular or regulation; and
I dsfireetAct of 1968, Title VI of th6 Civil Rights
(6) Comply,with.the omnibus Crime Contro an Safe sth
0wi
Act. of 1964 Section
'504 of the Rehabilitation Act f 19731 Title, of the AMericans
dmen s o e e Discrimination
'Title IX of the, Education Amen f 19727 Th Ag Di ri ination
Amendments
Disabilities Act of 19901
Act of 1975, and . The Department of Justice Non-Discrinnation Regulations, 28 C.F.R. Part 42,
Subparts C.D.E. and G, 28 C.F.R. Part 35 and 39. (Go to..
ffices ocr �htm for'b'dditiona-f information and access to the aforementioned
https°I/oip.gov/about/o
Federal laws and regulations.)
a subrecipient and expends $750,000 or more in
b. single Audit Act. Compliance. If the Contractor is
federal awards . from any .' and/or all sources in any fiscal year, the Contractor shall procure and pay
fora single audit or a program -specific audit for that fiscal year. Upon completion of �each audit, the
Contractor shall;
ollection form. and reporting package specified in
{1) Submit to the DSHS contact person the data c
2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if applicable),
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3003XS WorkFirst Client Service Contract (01-30-2019)
DSHS General Terms and Conditions
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 audit's schedule of findings and questioned costs.
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200.
26. Termination for Convenience. DSHS may terminate this Contract in whole or in part when it is in the
best interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice. The
Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar
days' written notice addressed to DSHS at the address listed on page 1 of this Contract.
27. Termination for Default. The CCLS Chief may immediately terminate this Contract for default, in
whole or in part, by written notice to the Contractor if DSHS has a reasonable basis to believe that the
Contractor has:
a. Failed to meet or maintain any requirement for contracting with DSHS; .
b. Failed to protect the health or safety of any DSHS client pursuant to the section entitled Health and
Safety of this Contract;
c. Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or
d. Vi.olated any applicable law or regulation.
If it is later determined that the Contractor was not in default, the termination shall be considered a
termination for convenience.
28. Termination or Expiration Procedure. The following terms and conditions apply upon Contract
termination or expiration:
a. The Contractor shall cease to perform any services required by this Contract as of the effective date
of termination or expiration.
b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the
termination notice.
c. The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract,
or to his or her successor, all DSHS property in the Contractor's possession. The Contractor grants
DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any
DSHS property that the Contractor fails to return within n ten (10) calendar days of the effective date
of termination or expiration of this Contract. Upon failure to return DSHS property within ten (10)
calendar days, the Contractor shall be charged with all reasonable costs of recovery, including
transportation.
d. DSHS shall be liable only for payment required under the terms of this Contract for service
rendered up to the effective date of termination or expiration.
e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines
necessary to protect DSHS against loss or additional liability.
f. The rights and remedies provided to DSHS in this Section are in addition to any other rights and
remedies provided at law, in equity, and/or under this Contract, including consequential and
incidental damages.
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DSHS General Terms and Conditions
29. Treatment of Client Property Unless, otherwise provided% the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client's personal property.
hippossession or use o
';.f the client's
The Contractor shall not interfere.withany adult client's owners,
.
eighteen {18):with reasonable a
o 'd
n access to their
under age
property. The Contractor shall provi eclients
U terminat o
ri t to the lient 3s age%,:, development'. and needs.`pon i n of
personal property: that is approp a e 0 c
mmediately release to the client and/or the client's guardian or
services to a client, the Contractor shall. i
custodian a t I property.
11 of the clien 'S persona
ed or furnished by' DSHS for use by the Contractor during
30. Treatment of Property. Al( property purchas
this Contract term shall remain with DSHS. Title to all property purchased or furnis.h e*d by the
Contractor forwhich the Contractor is entitled to reimbursement by DSHS 'under this Contract. shall
d insure all DSHS'property in its
pass to and vest in DSHS. The Contractor shall protect, maintain, an,.
o and shall return DSHS property to DSHS upon Contract termination
possession against loss r damage ,
or expiration.
31. Taxes.
a. Where required by statute or regulation, Contractor shall pay for and maintain in current status all
taxes that are necessary for Contract performance, DSHS will pay sales or use taxes, if any,
n - must pay
imposed on the services ces and materials acquired hereunder.r. COtractor all other taxes
including. without limitation . mitation Washington. Business and. Occupation. Tax, other taxes based on
property axes: d
pr, t levied or assessed on
Contractor's income or gross receipts, or personal
Contractor's p I e rsonal property. DSHS, as an agency of Washington 8taite government, is exempt
from property tax.,
b. Contractor shall. complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Contract in accordance with.
e 458 WAC. - Out-of-state Contractors* must contact the
the requirements of Title 82 RCW and Title
Department of Revenue to determine whether they meet criteria to register and establish an
account with the Department of Revenue. Refer to WAC 458-2.0-101 (Tax registration and tax
ment of R at 800-647-7706 for- additional information. When
reporting) and call the Depart evenue
out- . of -state . Contractors are not required to collect and remit sales tax, DSHS shall be responsible
for . paying use tax licable, directly to the Department of Revenue,
if a
pp
m d
account f oymen't contributions, any other taxes,
c. All payments accrue on accou o payroll taxes unempl: r's sole
insurance,* or other expenses for Contractor or Contractor's staff Shall be Contract,o
responsibility..
ive Action Waiver as a Condition of
32. Mandatory. Individual Arbitration and Glass or Collect,
Employment.
means an
1. Arbitration Clause." or "Class o Collective Action, Waiver"
r
a.'. Mandatory _Individua
mployment contract which. precludes Contractor's employees
arbitration 'Clause or waiver in .an e
ass or collective proceedings in
01 g employment, s with their employer through c-1.
. putes
from. resindi
v
t bring individualized arbitration proceedings. against their
federal'bourt. Instead, employees mus
employer to resolve any employment disputes.
b. The Contractor, by signature to this Contract, certifies that1he Contractor, does not require
Contractor'. employees e1o, as a condition of em loyment, a Mandatory Individual
s m oyees to ag.re p
Arbitration Clause or Class or Collective Action Waiver.
h (10) business day' if, durin the term of this Contract,
c. Contractor must notify DSHS within'te, S 9
Contractor revires Contractor's emplbyees to agree to, as a condition of employment, a Mandatory
q
Individual Arbitration Clause or Class or Collective Action Waiver.
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DSHS General Terms and Conditions
d. If Contractor, during the term of this contract, requires Contractor's employees to agree to, as a
condition of employment, a Mandatory Individual Arbitration Clause or Class or Collective Action
Waiver, DSHS reserves the right to terminate this contract, per the General Terms and Conditions
Section regarding Termination for Convenience.
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Special. Terms and Conditions
c. "ESA" means the DSHS Economic Services Administration.
d. "TANF" means Temporary Assistance for Needy Families.
e. "WorkFirst Program" means Washington State's welfare reform program created to assist
financially struggling families. .
2. Purpose
The purpose of this Contract is as set forth in attached Exhibit(s).
3. Statement of Work
The Contractor shall provide the services and staff, and otherwise do all things necessary for or
incidental to the performance of work, as set forth in the attached Exhibit(s).
4. Consideration
Total consideration payable to Contractor for satisfactory performance of the work under this Contract,
shall bep aid in accordance with the fees set forth in the attached Exhibit(s).
Total consideration payable for the contract period to the Contractor for satisfactory work performance
including any and all expenses under thi's Contract is up to a maximum of $ 31,000.
Unspent funds designated for any State Fiscal Year shall remain unspent and may not be carried
forward into the following State Fiscal Year.
Consideration payable per State Fiscal Year:
State Fiscal Year 2020 (July 1, 2019 through June 30, 2020) = $ 31,000
State Fiscal Year 2021 (July 1, 2020 through June 30, 2021) = $ 0
5. Billing and Payment
a. Invoice System. The Contractor shall submit invoices using State Form A-19 Invoice Voucher, or
such other form as designated by DSHS- Consideration for services rendered shall be payable
upon receipt of properly comp leted invoices, which shall be submitted to the DSHS Contact Name
on page one ( 1) of this Contract, and not more often than monthly. The invoices shall describe and
document to DSHS' satisfaction a description of the work performed, activities accomplished, and
fees.
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Special Terms and Conditions
b. Payment. Payment shall be considered timely if made by DSHS within thirty (30) days after receipt
and acceptance by DSHS of the properly completed invoices. Payment shall be sent to the
address designated by the Contractor on page one (1) of this Contract. DSHS may, at its sole
discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to
satisfactorily comply with any term or condition of this Contract.
6. Child Abuse and Health and Safety Concerns
In the delivery of services under this Contract, the health and safety of children and vulnerable adults
shall always be the first concern of the Contractor. The Contractor shall immediately report all
instances of suspected child or vulnerable adult abuse to Child Protective Services at 1 -866 -END
HARM.
7. Contractor Information
The Contractor shall forward to the DSHS Contact person named on page 1 of this Contract (or
successor) within ten (10) working days, any information concerning the Contractor's change of
circumstances. Changes in the Contractor's circumstances include change of business name, address,
telephone number, fax number, e-mail address, business status and names of staff who are current
state employees.
8. Contract Suspension
DSHS may take certain actions in the event the Contractor, or any of its partners, officers, directors, or
employees, is investigated by a local, county, state or federal agency, for a matter which DSHS
determines may adversely affect the delivery of services provided under this Contract. DSHS may,
without prior notice, either suspend the delivery of services or disallow the person(s) involved in the
allegation(s) from providing services or having contact with clients pending final resolution of the
investigation.
9. Criminal History Background Checks
The Contractor Must:
a. Have current Background checks on file for any employee, subcontractor and/or volunteer, who will
provide direct, one-on-one services to DSHS clients under this contract.
b. Verify that for personnel who have a criminal record that the crime is not "disqualifying" as
described on the DSHS Secretary's List of Crimes & Negative Actions. DSHS will provide the
Contractor with the DSHS Secretary's List of Crimes & Negative Actions. Personnel with a
disqualifying crime are prohibited from providing direct, one-on-one services to DSHS clients under
this contract.
c. Provide the DSHS contract contact listed on page one of this contract with a list of employees,
subcontractors and/or volunteers who will be providing direct, one-on-one services to DSHS clients
and have successfully passed a Criminal Background check. Send an updated list to the DSHS
contract contact when there are changes in personnel providing direct, one-on-one client services
under this contract.
d. Provide background check information to DSHS upon request and/or during contract monitoring
activities.
10. Data Sharing
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3003XS WorkFirst Client Service Contract (01-30-2019) Page 13
-Special Terms and Conditions
Data Provisions:.
r tor'sst ma not release any information to any other agency or person
The Contractor'or.Cont
sficwrittenconsent. U�nauthor
iz
ed disclosure of informa ion is a grossmls eme
anor,
without i
is subject to the -same standards'and laws of confidentiality as is
punishable by law. The .Co ntractor
DSHS.
b. Data Access:
(1) The Contractor shall limit access to client datato authorizeds a whose :d tIes pecifically
d duti sPrior to making eligible
e
the such data in t : performance.of their ass,igne
require access to su
client data available, the Contractor shall notify all staff with access to data of the authorized use
and disclosure reuirements identified in section 13 -Confidentiality and Nondisclosure.
q
(2) DSHS reserves the right to revoke, at any time, an individual's authorization to access
Information. DSHS shall send a written Notice Termination of Access, effective no later than
date of receipt, to the effected individual. Such notice *shall be made by certified mail.
11. Dispute Resolution
Either party may submit a request for resolution of a Contract dispute (rates set by law, regulation or
DSHS policy are not disputable) . The . esting party shall submit a written stateme- nt. identifying the
issue(s) in dispute and the relative positions of the parties. A request for a disputeresolution.
must
and Contract number, and be: mailed to the address listed
s name address
include the Contractor' ted to have knowledge of the
below within 30 calendar days after the party could reasonably be exped,
issue in dispute..
DSHS/Community Services Division
Attention: Contracts Unit
PO Box 45470
Olympia, WA 98504-5470
12. Fraud Reporting
The: Contractor shall report any knowledge of welfare fraud to DSHS by calling 1-800-562-6906 or on-
line at http://wwwl.dsh8;.wa.go' /fraud/index.html.
13. Interpretation and. Translation Services.
itereter and. translation services as necessary to perform, the
The Contractor shall provide in rp
' of this Contract and DSHS shall not reimburse the. Contractor for the use of interpreter or
.obliga.tions
translation services, except if specifically stated in an Exhibit of this Contract.
14. Participant Referrals
-needed basis, and does
DSHS, �at, its sole discretion, shall refer.participants to the, Contra.ctor on an.as
p rti ts s 9:
not guarantee any a c n hall- be referred to the. Contractor during' period of performance of
ip8
this Contract. DSHS reserves the right to withdraw any participant(s) referred to the Contractor.
15. Insurance
The Contractor shall at all times comply with the following insurance requirements.
DSHS Central Contract Services Page 14
3003XS WorkFirst Client Service Contract (01-30-2019)
Special Terms and Conditions
a. General Liability Insurance -
The Contractor shall maintain Commercial General Liability Insurance or Business Liability
Insurance, including 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 the parties' performance under this Contract, including but
not limited to premises, operations, independent contractors, products -completed operations,
personal injury, advertising injury, and liability assumed under an insured contract. The State of
Washington, Department of Social & Health Services (DSHS), its elected and appointed officials,
agents, and employees of the state, shall be named as additional insureds.
In lieu of general liability insurance mentioned above, if the contractor is a sole proprietor with less
than three contracts, the contractor may choose one of the following three general liability policies
but only if attached to a professional liability policy, and if selected the policy shall be maintained for
the life of the contract:
Supplemental Liability Insurance, including coverage for bodily injury and property damage that will
cover the contractor wherever the service is performed with the following minimum limits: Each
Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees
shall be named as additional insureds.
or
Workplace Liability Insurance, including coverage for bodily injury and property damage that
provides coverage wherever the service is performed with the following minimum limits: Each
Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees of
the state, shall be named as additional insureds.
or
Premises Liability Insurance and provide services only at their recognized place of business,
including coverage for bodily injury, property damage with the following minimum limits: Each
Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees of
the state, shall be named as additional insured.
b. Business Automobile Liability Insurance
The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport
clients, including vehicles hired by the Contractor or owned by the Contractor's employees,
volunteers or others, with the following minimum limits: $1,000,000 per accident combined single
limit. The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as
an additional insured.
c. Professional Liability Insurance (PL)
The Contractor shall maintain Professional Liability Insurance or Errors & Omissions insurance,
including coverage for losses caused by errors and omissions, with the following minimum limits:
Each Occurrence - $1,000,000; Aggregate - $2,000,000.
d. Worker's Compensation
DSHS Central Contract Services
3003XS WorkFirst Client Service Contract (01-30-2019)
Page 15
Special Terms and Conditions
The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and
occupational health and safety lawsandregulations. The State of Washington and DSHS shall not.,.,
Compensation under RCW 51 by the%Contractor or
be held responsible forclaim.5,filed forWorker's
g. Separation of InsuredS.
"Separation of
coverage.for cross liability and contain. a epar
s
Al[ insurance policies.. hall include
Insureds provision.
h. Insurers
The Contractor shall obtain insurance from insurance nce companies identified, as.an,a.dmitted
tin of B++ Class VI I, or better.
Best's Reports'. rainsurer/carrier in the State of.Washington, with a9
Surlus Lines insurance companies will have a rating of A-, Class VI I, or better.
p
L Evidence of Coverage
The Contractor shall, upon request by DSHS, submit a copy of the Certificate of Insurance, policy,
and additional insured endorsement for each coverage required of the Contractor,, under this
Contract. ..The Washington of Insurance shall. identify the ashinaton State Department, of Social and
A duly. authorized.. representative of. each-.msurer,
Health Services as, the Certificate, Holder.
sho wi I n I ci compliance . .1 : :with the ins u* rahce requirements specified in this Contract, shall execute each
I. Certificate of insurance.
The Contractor shall maintain copies of Certificates of Insurance, policies, and additional insured
endorsements for each subcontractor as evidence that each, subcontra.ctor..maintains insurance as
required by the Contract.
j . Material Changes
Theinsurer s hall i th DSHS point of contact listed on page one of this Contract 4.5 days
: g vee
advance written notice o cancellation ncellation or non -renewal. If cancellation is due to no-n7payment of
premium, the insurer shall give DSHS 10 days advance written notice of cancellation.
k. General
•n and DSHS do not represent that the coverage and
By requiri•ng insurance, the State, of Washingto
limits secified will be adequate to,protect the Contractor. Such coverage and limits shall not be
p.
construed to relieve the Contractor from liability in excess of the required coverage and limits and
shall not limit the Contractor's liability under the indemnities and reimbursements granted to the
DSHS CentralContract Services
3003XS Work . First Client Sery I ice Contract - (01-30-2019) Page 16
Special Terms and Conditions
State and DSHS in this Contract. All insurance provided in compliance with this Contract shall be
primary as to any other insurance or self-insurance programs afforded to or maintained by the
State.
1. Waiver
The Contractor waives all rights, claims and causes of action against the State of Washington and
DSHS for the recovery of damages to the extent said damages are covered by insurance
maintained by Contractor.
m. Liability Cap
Any limitation of liability or liability cap set forth in this Contract shall not preclude DSHS from
claiming under any insurance maintained by the Contractor pursuant to this Contract, up to the
policy limits.
DSHS Central Contract. Services
3003XS WorkFirst Client Service Contract (01-30-2019) Page 17
Exhibit A Data.Security Requireme nts.:
Definitions. The words and phras . es listed below, as used in this Exhibit, shall each have the following
1.rickfinifinn-qw
a. "AES" means the Advanced Encryption Standard, a specification of Federal.Information
-encryp �:da'ta-issued �bythe National
for the ion o e e -c ronicti f elect
Processing Standard 'Publications,
Institute of Standards and Technology (httpa/nvipubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf).
b. "Authorized Users(s) means an individual or individuals with a business need to access DSHS
Confidential Information, and who has or have been authorized to do so.
c. "Business Associate . :Agreement means an agreement between DSHS and. a contractor who is
receiving Datacovered under the Privacy and Security Rules of the Hea*lthInsurance. Portability
and Accountability Act of 1996. The agreement establishes permitted and required uses and
disclosures ofprotected health information (PHI) in accordance with HIPAA requirements and
provides obligations for business associates to safeguard the information.
d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or
regulations that require especially strict prot ection of the data and from which especially serious
consequences may arise in the event of any compromise of such data. Data classified as Category
4 includes but is not limited to data protected by: the Health . Insurance Portability and Accountability
Act (HIPAA} , Pub. L. 104-191 as amended by the Health Information Technology for Economic and
Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and1.64; the Family Educational Rights
and Privacy Act (FERPA), 20 U.S.C. §1232g, 34 CFR Part 99; Internal Revenue Service
Publication 1075(https://www.irs.gov/pub/irs-pdf/pl075.pdf); Substan . ce Abuse and Mental Health
Services Administration regulations on Confidentiality of Alcohol and. Drug Abuse Patient Records,
42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20.
e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a
network outside the control of the Contractor. Physical storage of data in the cloud typically spans
mul .
ti le servers and often multiple locations. Cloud storage can be divided between consumer
grade storage for personal files and enterprise grade for companies and governmental entities.
Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other
entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace.
f. "Enc ry . ptyl means to encode Confidential Information into a format that can only be read by those
possessing a' ' 'key 37; 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.
9. "FedRAMP 13 means the Federal Risk and Authorization Management Program (see
www.fedramp-gov), which is an assessment and authorization process that federal government
agencies have been directed to use to ensure security is in place when accessing Cloud computing
products and services.
h. "Hardened Password" means a string of at least eig.ht characters containing at least three of the
following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special
characters such as an asterisk, ampersand, or exclamation point.
DSHS Central Contract Services Page 18
3003XS WorkFirst Cl . ient Service Contract (01-30-2019)
i. "Mobile Device" means a computing device, typically smaller'than a notebook, which runs a mobile
operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
j. "Multi -factor Authentication" means controlling access to computers and other IT resources by
requiring two or more pieces of evidence that the user is who they claim to be. These pieces of
evidence consist of something the user knows, such as a password or PIN; something the user has
such as a key card, smart card, or physical token; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a
series of numbers which act as a password for a device. Since PINs are typically only four to six
characters, PINs are usually used in conjunction with another factor of authentication, such as a
fingerprint.
k. "Portable Device" means any computing device with a small form factor, designed to be transported
from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but
are not limited ,to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable
Device.
"Portable Media" means any machine readable media that may routinely be stored or moved
independently of computing devices. Examples include magnetic tapes, optical discs (CDs or
DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
m. "Secure Area" means an area to which only authorized representatives of the entity possessing the
Confidential Information have access, and access is controlled through use of a key, card key,
combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or
locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access
to the Confidential Information is not available to unauthorized personnel. In otherwise Secure
Areas, such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non -authorized staff such as janitorial or facility security staff, when authorized
Contractor staff are not present to ensure that non -authorized staff cannot access it.
n. "Trusted Network" means a network operated and maintained by the Contractor, which includes
security controls sufficient to protect DSHS Data on that network.. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and
switches, and other such mechanisms which protect the confidentiality, integrity, and availability of
the Data.
o. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
2. Authority. The security requirements described in this document reflect the applicable requirements of
Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state
of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference
material related to these requirements can be found here: https://www.dshs.wa.gov/sesa/central-
contract-services/keeping-dshs-client-informatio,n-private-and-secure, which is a site developed -by the
DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services.
3. Administrative Controls. The Contractor must have the following controls in place:
a. A documented security policy governing the secure use of its computer network and systems, and
DSHS Central Contract Services
3003XS WorkFirst Client Service Contract (01-30-2019) Page 19
b. Restrict access through administrative, physical, and.technical controls to authorized staff.
accounts are unique and that any given user account logon ID and password
c. Ensure that uses q
cobination is known:onlY to the one employee to whom that account is ass.igned. For purposes of
m
it must always be ossible to determine which employee performed a given action
non -repudiation, Y p
onasystem housingthe Data based solely on the logon I D used to perform the action.
d, Ensure that onl.Y authorized. users are capable. of accessing the Data.
e. Ensure that an employee's access to the Data is removed immediately:. .
(1) Ensuring mitigations applied to the system don't allow end-user modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access. Examples would include
RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a
component within the Trusted Network. The traffic must be encrypted at all times while
traversing any network, including the Internet, which is not a Trusted Network.
(5) Ensuring that the remote access system prompts for re -authentication or performs automated
session termination after no more than 30 minutes of inactivity.
(6) Ensuring use of Multi -factor Authentication to connect from the external end point to the internal
end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token
(software, hardware, smart card, etc.) in that case:
(1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at
least one other authentication factor
(2) Must not be comprised of all the same letter or number {11111, 22222, aaaaa, would not be
acceptable)
(3) Must not contain a "run" of three or more consecutive numbers (123987 98743 would not be
acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a Mobile Device,
passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case, letter, number).
(3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or
abcd 12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
5. Protection of Data. The Contractor agrees to store Data on one or more of the following media and
protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID
and Hardened Password or other authentication mechanisms which provide equal or greater
security, such as biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network servers and made
available through shared folders, access to the Data will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
DSHS Central Contract Services
3003XS WorkFirst Client Service Contract (01-30-2019) Page 21
e network using Unique User l D and Hardened Password or other
authenticated to the g a q
' ion mechanisms which provide equal or greater security, such as biometrics or smart
authentication
cards. Data on disks mounted to such servers must be located in an area which is accessible only
to authorized pars,
onnel with access controlled through use of a key, card key, combination lock, or
comparable mechanisrrr.
For DSHS Confidential
Information stored on these disks, deleting unneeded Data. is sufficient as
long. as the
disks remain in- a Secure Area and otherwise %meet the requirements listed in the above
ara ra h. 'Destruction of the Data, as outlined below in Section' 8 Daaa Disposition, may be
p g p
deferred until the disks are retired, replaced, or otherwise taken; out of the. Secure Area.
Ds in local workstation optical disc drives. Data provided by DSHS
G. Optical discs (CDs6r DV)
ono tical discs which will be used in local workstation optical disc.drives which will not be
p
transported out of a Secure Area. When Inot in use for the contracted purpose, such discs must be
Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located
in an area which is accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism.
in drives or jukeboxes attached to servers. Data provided by
d. Optical discs (CDs or DVDs) .
HS on tical discs which will be attached to .network servers'and which will not be transported
. DS p ' ` 'ed to Authorized% Users through
out of a Secure Area. Access to Data on these discs wilI be restrict g
the `use` of access control lists which will g'rant access only after the Authorized User has
authenticated to the: network using a Unique User i D and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is accessible only
to authorizedp ersonnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
paper records must be protected by storing the records in a Secure Area
e. Paper documents. Any pap
which is only accessible to authorized personnel. When not in use, such records must be stored in
a Secure Area.
f Rernote Access. Access to and use of the Data over the State Governmental Network (SGN) or
(SAW)will be controlled by DSHS staff who will issue authentication
.Secure Access Washington � ,
credentials(e.g. q ed Password) to Authorized Users on Contractor s
-
a Unique User ID and Hardened .
staff.
'.Co-ntractor will notify DSHS staff immediately whenever an Authorized 'User in possession o
such credentials is terminated or otherwise. (eaves the employ of the Contractor, and whenever an
ser's duties chars e such that the Authorized User no longer requires access to
Authorized U g
perform work for this Contract.
g
Data storage on portable devices or media.
DSHS Central Contract Services Page. 22.
3003XS WorkFirst Client Service Contract (01-30-2019)
(c) Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable Devices and Portable Media
by:
L Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are shared, and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and Portable Media with
DSHS Confidential Information must be under the physical control of Contractor staff with
authorization to access the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media as part of a Contractor's
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course of
normal backup operations. If backup media is retired while DSHS Confidential Information still
exists upon it, such media will be destroyed at that time in accordance with the disposition
requirements below in Section 8 Data Disposition.
(2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media,
etc.) as part of a Contractor's existing, documented backup process for business continuity or
disaster recovery purposes. If so, such media will be protected as otherwise described in this
exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data
will be destroyed at that time in accordance with the disposition requirements below in Section 8
Data Disposition.
Cloud storage. DSHS Confidential Information requires protections equal to or greater than those
specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor
the Contractor has control of the environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following
conditions are met:
(a) Contractor has written procedures in place governing use of the Cloud storage and
Contractor attests in writing that all such procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Contractor network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within the Cloud storage solution.
(e) The Contractor will possess a decryption key for the Data, and the decryption key will be
possessed only by the Contractor and/or DSHS.
DSHS Central Contract Services
3003XS WorkFirst Client Service Contract (01-30-2019) Page 23
(f) The Data will not be
downloaded to non -authorized systems. meaning Systems that are not
on eitherfihe DSHS or Contractor networks.
(g) The Data will not. be decrypted until downloaded onto'a computer within the control of an
Authorized User and within either the DSHS or Contractor's network.
p
(2) Data will not
be stored on an Enterprise Cloud storage solution unless either:
is treated as an
(a) The Cloud storage provider Y other Sub -Contractor, and agrees in writing to
all of the requirements within this exhibit; or,
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health Insurance Portability and
Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior
to Data being stored in their Cloud solution.
Protection. To prevent compromise of systems which contain DSHS Data or through which
6. System P
that data nac�P�°
containing DSHS Data shall have an Anti-Malware application, if available, installed.
C. Systems g
t u to date. The product,. its anti-virus engine, and any malware
d. AntlmMalware software shall. be kept p
database the.system uses, will be.no more.,. than one update behind .current.
7. Data Segregation.
a. DSHS Data must be segregated or otherwise. distinguishable from non-DSHS.data. This is to
ion er needed theortractor, all DSHS Data can. be, identified for return or
ensure that when .no g Y
ids in determnin whether`DSHS Data has or may have been compromised in
destruction. It also a g
the. event of a security ecurit breach. As such,. one or more of the following methods will be used for data
Segregation.
(1) DSHS Data will be kepton media (e.g. hard disk, optical disc, tape, etc.) which will contain no
non-DSHS Data. And/or,
' a logical container on electronic media, such as a partition or folder
(2} DSHS Data well be stored In g
dedicated to DSHS Data. And/or,
(3) DSHS Data will be stored in - a database.which will. contain. no. non-DSHS data. And/or,
ill be stored within a database and will be distinguishable from non-DSHS data by
(4) DSHS. Data w r e
the value of a specific field or fields within database records.
When stored as physical paper. documents, DSHS Data will be physically segregated from non -
(5) p Y
DSHS data in a drawer, folder, or other container.
DSHS Central Contract Services Page 24
3003XS WorkFirst Client Service Contract (01-30-2019)
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the
DSHS Data and the non-DSHS data with which it is commingled must be protected as described in
this exhibit.
8. Data Disposition. When the contracted work has been completed or when the Data is no longer
needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on
which Data may be stored and associated acceptable methods of destruction are as follows:
Data stored on :
Will be destroyed by:
Server or workstation hard disks, or
Using a Cgwipel) utility which will overwrite the Data at
Removable media (e.g. floppies, USB flash drives,
least three (3) times using either random or single
character data, or
portable hard disks) excluding optical discs
Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Confidential
Information
Recycling through a contracted firm, provided the
contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential Information
requiring special handling (e.g. protected health
On-site shredding, pulping, or incineration
information)
Optical discs (e.g. CDs or DVDs)
Incineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Magnetic tape
Degaussing, incinerating or crosscut shredding
9. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1)
business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must
be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also
take actions to mitigate the risk of loss and comply with any notification or other requirements imposed
by law or DSHS.
°10® Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a
subcontractor, the Contract with the subcontractor must include all of the data security provisions within
this Contract and within any amendments, attachments, or exhibits within this Contract. If the
Contractor cannot protect the Data as articulated within this Contract, then the: contract with the sub -
Contractor must be submitted to the DSHS Contact specified for this contract for review and approval.
DSHS Central Contract Services
3003XS WorkFirst Client Service Contract (01-30-2019) Page 25
c. Provide empowerment -based advocacy to referred clients who experience family
violence
2. Definitions
a.. "Advocacy"means that. the client is involved with an advocate in individual or group
_
sessions with a primery focus of safety planning, empowerment, and education of
through reinforcement of the client's autonomy and self-determination. Advocacy.
also means speaking and acting for change. or. justice with, or on behalf of, another
person or cause a Advocacy is survivor centered and uses non -victim blaming
methods that includes
(
1Identifying barriers to, and strategies to enhance, safety, including safety )
planning
g _
b. ."Advocatell means a trained Staff. person who works in a domestic violence agency
and provides advocacy ,to clients.
C. "Domestic v�
'olence" or "family violence" is a pattern of assaultive an coercive
behaviors that an adult oC; adolescent uses to maintain power and control over their
intimpartner.
ate aThe abuser's'use of physical force against persons or property or
the use of conduct that establishes a credible threat of physical harm (i.e. terrorizing
tactics) combined with other controlling tactics are key elements of domestic
violence. The effect of the overall pattern of assaultive and coercive behavior is to
increase the abuser's power and control in the relationship. It includes, but is not
limited to, the categorization of offenses defined in RCW 10.99.020(3) when
committed by one cohabitant against another. Abusive tactics may include, but are
DSHS Central Contract Services Page 26
3003XS WorkFirst Client Service Contract (01-30-2019)
not limited to the following:
(1) Physical abuse
(2) Sexual abuse
(3) Intimidating tactics
(4) Physical and/or psychological isolation of the victim
(5) Repeated attacks against the victim's competence
(6) Alternating use of indulgences
(7) Control of family funds and resources
t
(8) Stalking
(9) Use of children and systems to control the victim
d. "DSHS staff" means the WorkFirst Social Worker, WorkFirst Case Manager,
WorkFirst Supervisor, or other Community Services Division staff acting on behalf of
the WorkFirst staff.
e. "Excused Absence" means hours of non -participation from a scheduled session or
activity where the client reported to the Contractor that he/she is unable to attend
prior to the start of the scheduled session. Client absence also may be declared
excused by the Contractor in emergency circumstances where it is unreasonable to
expect the client to have notified the Contractor prior to the start of the scheduled
session.
f. "Made-up Absence" means comparable, supervised activities completed by a client
under the direction of the Contractor in lieu of attendance at a scheduled session or
activity.
g. "Marginalized populations" includes, but is not limited to, populations that have been
historically underserved and oppressed in society because of ethnicity, race, culture
or language diversity, age, sexual orientation, or disability.
h. "Participation" means attendance by the client at an activity supervised by the
Contractor. Participation does not include time spent by the client traveling to or from
sessions. Study, preparation or homework time is not counted as participation unless
the Contractor provides supervision of the client during study, preparation or
homework.
"Safety plan" is a process of thinking through with the victim how to increase safety
for both the victim of domestic violence and any dependent children of the victim.
Safety planning addresses both immediate and long term risks, barriers, or concerns
regarding the victim. and any dependent children. It is based on knowledge about the
specific pattern of the domestic violence perpetrator's tactics and the protective
factors of the victim and any dependent children. Safety planning can be done
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3003XS WorkFirst Client Service Contract (01-30-2019) Page 27
formally, informally, in writing or orally, or in any other conversational process
between the victim and advocate.
hours of non -participation from a scheduled
�. lJnexcused Absence means any
session or activitY by a client that does not meet the criteria established above for
"Excused Absence".
3. Qualifications for Domestic Violence Advocates
Per WAC 38861 A-0350, the advocates and supervisor(s) of direct service, must meet
the following minimum- training requirements:
y (20) a. A minlmum of twenthours of initial basic training that covers the fallowing
topics and skills:
(1) Theory and implementation of empowerment -based advocacy
(2) The history of domestic violence
(3) Active listening skills
}
(4) Legal, medical, social service and systems advocacy
(5) Confidentiality and ethics
(6), -Safety planning skills and barriers to safety
(7) Planning, clarifying issues .and options, and crisis intervention
(8) Providing services and advocacy to individuals from marginalized populations
(9) Policies and procedures of the domestic violence agency
b. In the year follow)g year 'n the in which the received their initial basic training, and
Y
every year thereafter, contractor staff providing direct services, and supervisors of
direct service -staff, must attend a. minimum of thirty (30) hours of continuing
education training as follows:
(1) At least f
ifteen 15 hours of training on advocacy that is directly related to
( 15)
serving victims of domestic violence and their children
At least five. 5 hours of training on providing services and advocacy to
individuals from marginalized populations
(3) Not more than ten (10)hours of training can be obtained from video, audio, or
.sim.ilar self -study methods.
4. Staffi rig
ideaqualified Domestic Violence Advocate to the Moses Lake
The .Contractor shall Prov
Communit Service Office for 14.88 hours (Maximum of 774 hours per year) ours per
Y
k. Actual scheduling will be negotiated between the Contractor and the
wee g Community
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3003XS WorkFirst Client Service Contract (01-30-2019)
Services Office Administrator.
5. Contractor Obligations
The Contractor shall:
a. Conduct an initial client interview and develop a TANF Family Violence' Service Plan
using the sample Family Violence Service Plan (Attachment 1) or alternate format at
the request of the CSO Administrator.
b. Participate in IDSH ' S case staffings when requested by IDSHS staff. Participation may
be in person or by telephone.
c. Refer and link clients to family violence services and other appropriate resources
available in the community based on the participant's needs.
d. Provide empowerment -based advocacy to referred clients.
e. Contact IDSHS for interpreter services as needed. If the Contractor chooses to
provide an interpreter, the Contractor shall pay for such services.
f. Supply the CSO with educational materials to promote public and professional
awareness of the problems regarding family violence and the availability of services
within the local community. These materials may be 'in the form or brochures, flyers,
posters, etc.
6. Reporting Requirements
The Contractor shall:
a. Submit a completed TANF Family Violence Service Plan within five (5) business
days of initial interview for each client referred and interviewed. This report will be
directed to the referring IDSHS staff. A sample TANF -Family Violence Service Plan
is attached as Attachment 1 or an alternate format may be selected at the request of
the CSO Administrator. Any alternate formats must include the minimum sample
elements.
b. Submit a completed monthly report with each billing invoice (Exhibit C- Monthly
Report).
c. Have the choice whether or not to use the eJAS system to report information
regarding each client.
If the Contractor uses the eJAS system to report client information, the contractor shall:
d. Use the Contractor Caseload screen:
(1) Accept or reject each referral within three (3) business days of receipt.
(2) Enter the activity start and end dates on or within three (3) business days
following the client's start or end of the component(s).
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3003XS WorkFirst Client Service Contract (01-30-2019) Page 29
(3) Provide notice of non -participation within one (1).business day when the client
has any unexcused absence.
e. Use the Client Notes screen:
(1) Notate the results of the contractor's ongoing assessment or appraisal of each
client's siren th`and barriers`relatable to employability or family self-sufficiency
s
g
withinthree (3) business days of cornpleting an assessment or appraisal.
(2) Notate any additional client -specific information or observations as required by
the Statement of Work:
(3) Notate Contractor approval of all excused absences, including the date of the
absence, the date the Contractor approved the absence, and the reason given by
the client for the absence.
f. Use the Multiple Client Participation Screen`, no later than the 1oth calendar day of
the month following a month with reportable activity:
(1) Enter the total hours of participation specificto the component(s) provided under
this Contract.
(2) Enter the total number of hours and the total number of instances for which the
client was excused from participation.
(3) Enter the total number of hours for which the client did not participate due to an
unexcused absence.
*Contractors may enter data at intervals of less than one calendar month. -However,
each calendar month's data must be completely reported no later than the loth calendar
da of the month following a month with reportable activ
Y ity.
If the Contractor does not use the eJAS system tore ort client information the
contractor shall:
g. Accept or reject each referral within three (3) business days of receipt and notify
�
DSHS staff.
h. Provide DSHS staff with the activity start and end dates on or within three (3)
business days following the client's start or end of the component(s).
L Provide DSHS staff with notice of non -p anticipation within one (1) business day when
the client has any unexcused absence.
J 1.
Provide DSHS .1 staff of the results of the contractor's ongoing assessment or
appraisal of each client's strengths and barriers relatable to employability or family
self-sufficiency within three (3) business days of completing an assessment or
.appraisal
k. Provide DSHS staff with any additional client -specific information or observations as
required by the Statement of Work.
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3003XS WorkFirst Client Service Contract (01-30-2019)
1. Provide DSHS staff with approval of all excused absences, including the date of the
absence, the date the Contractor approved the absence, and the reason given by
the client for the absence.
m. Return a completed WorkFirst Participation Verification Form* each month that a
participant received services from the Contractor to include the:
(1) Actual hours of countable family violence treatment participation as described in
the Washington State Work Verification Plan
(2) The total number of hours
(3) Total number of instances for which the client was excused from participation
(4) Total number of hours for which the client did not participate due to an
unexcused absence
*DSHS staff will supply the Contractor with necessary forms. This form must be returned
no later than the 5th day of the month following the month in which a client received
family violence treatment services.
7. Documentation
The Contractor shall maintain written documentation of participation verification in a
format approved by the DSHS Contact person named on page 1 of this Contract (or
successor). Such documentation shall include, but not be limited to, client name (and/or
eJAS number), date, hours attended, hours of excused absence, hours of unexcused
absence and component code.
8. Compensation
DSHS shall pay $$40.00 per hour for the Family Violence Advocate in the CSO office.
Payment will be limited to actual hours worked by Advocates, prorated to 30 -minute
intervals.
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3003XS WorkFirst Client Service Contract (0130-2019) Page 31
Exhibit C
Monthly Report
Contractor 11):
Service Month:
e]AS or Client ID Comments
APPROVED:
DIRECTIONS: At minimum the eJAS or Client I® must be listed for each client Who received
services in the service month. Comments such as a summary of services received may be
entered.
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3003XS WorkFirst Client Service Contract (01-30-2019)
Attachment 1
TANF Family Violence Service Plan
SAMPLE
eJAS # Date
1. Is the client's safety in jeopardy? (Are extra precautionary measures recommended?) Yes
No
Comments:
2. Does the client feel ready to participate in job search? Yes No
Comments:
3. If No, how long does the client need to be deferred? days
Comments:
4. Will the client be participating in Family Violence services? Yes No
Comments:
5. Was this client referred to any community resources? Yes No
Comments:
Additional information that will help coordinate services:
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