HomeMy WebLinkAboutAgreements/Contracts - GRIS (004)K19-101
x DCYF and COUNTY DCYF Contract Number
AGREEMENT ON GENE RA 1983-56614
} A ~• x Y�n
TERMS AND CONDITIONS
These General Terms and Conditions are between the state of Washington Count Contract N
Department of Children Youth and Families (DCYF) and the County identified y umber
below. These General Terms and Conditions govern work to be performed under
any Program Agreement between the parties. These General Terms and
Conditions supersede and replace any previously executed General Terms and
Conditions as of the start date below.
TERM OF AGREEMENT: The terra of this Agreement on General Teras and Conditions shall start and end on the
following dates, unless terminated sooner as provided herein.
START DATE: 07/01/2019 END DATE: 06/30/2020
COUNTY NAME DCYF INDEX NUMBER
Grant County 1221
COUNTYADDRESS
PO Box 1057
840 E Plum
Moses Lake, WA 98837
COUNTYTELEPHONE COUNTY FAX
(509) 764-2644 (509) 765-4124
DCYF CONTRACTS DEPARTMENT ADDRESS DCYF CONTRACTS DEPARTMENT TELEPHONE
DCYF CONTRACTS DEPARTMENT (360) 902-8266
PO Box 45710
Olympia, WA 98504-5710
By their signatures below, the parties agree to this Agreement on General Terms and Conditions.
COUNTYSIGNATURE(S) DATE(S) PRINTED NAME(S)AND TITLE(S) TELEPHONE NUMBER
(INCLUDE AREA CODE)
5 Torn Taylor, BOCC Chair
9
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DCYF SIGNATURE DATE PRINTED NAME AND TITLE TELEPHONE NUMBER
(INCLUDE AREA CODE)
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 1
DCYF/County General Terms & Conditions
1. Definitions. The words and phrases listed below, as used in the Agreement, shall each
have the following definitions:
a. "Agreement" means this Department of Children Youth and 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. r
b. "CFR" means the Code of Federal Regulations. All references in this Agreement and
any Program Agreement to CFR chapters or sections shall include any successor,
amended, or replacement regulation.
c. "Confidential Information" means information that is exempt from disclosure to the
public or other unauthorized persons under Chapter 42.56 RCW or other federal or
state laws. Confidential Information includes, but is not limited to, Personal Information.
d. "County" means the political subdivision of the state of Washington named above
performing services pursuant to this Agreement and any Program Agreement.
e. "County Representative" means an individual in the position of County Manager,
County Administrator, County Executive, or other similar position which reports to the
highest governing body responsible for the subject matter of the Agreement or
applicable Program Agreement(s).
f. DCYF Contracts Administrator" means the individual in the DCYF Contracts
Department with oversight authority for the Department of Children Youth and Families
statewide agency contracting procedures, or their appropriate designee.
g. "DCYF Contracts Department" means the Department of Children Youth and Families
statewide agency headquarters contracting office, or successor section or office.
h. "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 and Families" or "DCYF" means the Washington
agency devoted exclusively to serve and support Washington state's youth and their
families.
j. "Debarment" means an action taken by a federal official to exclude a person or
business entity from participating in transactions involving certain federal funds.
k. "General Terms and Conditions" means the contractual provisions contained within this
Agreement, which govern the contractual relationship between DCYF and the County,
under the Program Agreements subsidiary to and incorporating therein by reference this
Agreement.
1. "Personal Information" means information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education,
business, use or receipt of governmental services or other activities, addresses,
telephone numbers, social security numbers, driver license numbers, other identifying
numbers, or any financial identifiers.
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 2
DCYF/County General Terms & Conditions
m. "Program Agreement" or "County Program Agreement" means a written agreement
between DCYF and the County containing special terms and conditions, including a
statement of work to be performed by the County and payment to be made by DCYF.
This term may also refer to an agreement between DCYF and the County, which was
transferred to DCYF by operation of law.
n. "RCW 11 means the Revised Code of Washington. All references in this Agreement and
any Program Agreement to RCW chapters or sections shall include any successor,
amended, or replacement statute.
o. "Secretary" means the individual appointed by the Governor, State of Washington, as
the head of DCYF, or his/her designee.
p. "Subcontract" means a separate Agreement between the County and an individual or
entity ("Subcontractor") to perform all or a portion of the duties and obligations that the
County shall perform pursuant to any Program Agreement.
q. "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.
r. "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.
2. Amendment. This Agreement, or any term or condition thereof, may be modified only by a
written amendment signed by both parties. Only personnel authorized to bind each of the
parties shall sign an amendment.
3. Assignment. Except as otherwise provided herein in Section 21, the County shall not
assign rights or obligations derived from this Agreement or any Program Agreement to a
third party without the prior, written consent of the DCYF Contracts Administrator and the
written assumption of the County's obligations by the third party.
4. Billing Limitations. Unless otherwise specified in a Program Agreement, DCYF shall not
pay any claims for services submitted more than twelve (12) months after the calendar
month in which the services were performed.
5. Compliance with Applicable Law. At all times during the term of this Agreement and any
Program Agreement, the County and DCYF shall comply with all applicable federal, state,
and local laws, regulations, and rules, including but not limited to, nondiscrimination laws
and regulations and the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
6. Confidentiality
a. The parties shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of any Program Agreement for any purpose that is not
directly connected with the performance of the services contemplated there under,
except:
Department of Children, Youth and Families
2031 CF County Agreement - General Terms and Conditions (06-06-2019) Page 3
DCYF/County General Terms & Conditions
(1) As provided by law; or,
b. In the case of Personal information, as provided by law or with the prior written consent
of the person or personal representative of the person who is the subject of the
Personal Information. The parties shall protect and maintain all Confidential Information
gained by reason of any Program Agreement against unauthorized use, access,
disclosure, modification or loss. This duty requires the parties to employ reasonable
security measures, which include restricting access to the Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view
the Confidential Information.
(2) Physically securing any computers, documents, or other media containing the
Confidential Information.
c. To the extent allowed bylaw, at the end of the Agreement term, or when no longer
needed, the parties shall return Confidential information or certify in writing the
destruction of Confidential Information upon written request by the other party.
d. Paper documents with Confidential Information may be recycled through a contracted
firm, provided 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 through shredding,
pulping, or incineration.
e. The compromise or potential compromise of Confidential Information must be reported
to the DCYF Contact designated on the Program Agreement within five (5) business
days of discovery for breaches of less than 500 persons' protected data, and three (3)
business days of discovery for breaches of over 500 persons' protected data. The
parties must also take actions to mitigate the risk of loss and comply with any
notification or other requirements imposed by law.
7. County Certification Regarding Ethics. By signing this Agreement, the County certifies
that the County is in compliance with Chapter 42.23 RCW and shall comply with Chapter
42.23 RCW throughout the term of this Agreement and any Program Agreement.
8. Debarment Certification. The County, by signature to this Agreement, certifies that the
County is not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participating in this Agreement or any Program Agreement by
any federal department or agency. The County also agrees to include the above
requirement in all subcontracts into which it enters.
9. Disputes.
Both DCYF and the County ("Parties") agree to work in good faith to resolve all conflicts at
the lowest level possible. However, if the Parties are not able to promptly and efficiently
resolve, through direct informal contact, any dispute concerning the interpretation,
application, or implementation of any section of the Agreement or applicable Program
Agreement(s), either Party may reduce its description of the dispute in writing, and deliver
it to the other Party for consideration. Once received, the assigned managers or designees
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 4
DCYF/County General Terms & Conditions
of each Party will work to informally and amicably resolve the issue within five (5) business
days. If the managers or designees are unable to come to a mutually acceptable decision
within five (5) business days, they may agree to issue an extension to allow for more time.
If the dispute cannot be resolved by the managers or designees, the issue will be referred
through each Agency's respective operational protocols, to the Secretary of DCYF
("Secretary") and the County Representative or their deputy or designated delegate. Both
Parties will be responsible for submitting all relevant documentation, along with a short
statement as to how.they believe the dispute should be settled, to the Secretary and the
County Representative.
Upon receipt of the referral and relevant documentation, the Secretary and County
Representative will confer to consider the potential options for resolution, and to arrive at a
decision within fifteen (15) business days. The Secretary and County Representative may
appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If 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. If the Agreement is active at the time of resolution and amendment of the
Agreement is warranted for ongoing clarity, the Parties will execute an amendment to
incorporate the final decision into the Agreement. If this dispute process is used, the
resolution decision will be final and binding as to the matter reviewed and the dispute shall
be settled in accordance with the terms of the decision. Notwithstanding the foregoing,
each Party reserves the right to litigate issues de novo in court.
10. 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 upon by the parties. Upon execution of any Program
Agreement, this Agreement shall be considered incorporated into that Program
Agreement by reference. No other understandings or representations, oral or otherwise,
regarding the subject matter of this Agreement or any Program Agreement shall be
deemed to exist or bind the parties.
11. Governing Law and Venue. The laws of the state of Washington govern this Agreement.
In the event of a lawsuit by the County against DCYF involving this Agreement or a
Program Agreement, venue shall be proper only in Thurston County, Washington. In the
event of a lawsuit by DCYF against the County involving this Agreement or a Program
Agreement, venue shall be proper only as provided in RCW 36.01-050.
12. Responsibility. Each party to this Agreement shall be responsible for the negligence of its
officers, employees, and agents in the performance of any Program Agreement. No party
to this Agreement or any Program Agreement shall be responsible for the acts and/or
omissions of entities or individuals not party to this Agreement and any Program
Agreement. DCYF and the County shall cooperate in the defense of tort lawsuits, when
possible. Both parties agree and understand that such cooperation may not be feasible in
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 6
DCYF/County General Terms & Conditions
all circumstances. DCYF and the County agree to notify the attorneys of record in any tort
lawsuit where both are parties if either DCYF or the County enters into settlement
negotiations. It is understood that the notice shall occur prior to any negotiations, or as
soon as possible thereafter, and the notice may be either written or oral.
13. Independent Status. For purposes of this Agreement and any Program Agreement, the
County acknowledges that the County is not an officer, employee, or agent of DCYF or the
state of Washington. The County shall not hold out itself or any of its employees as, nor
claim status as, an officer, employee, or agent of DCYF or the state of Washington. The
County shall not claim for itself or its employees any rights, privileges, or benefits which
would accrue to an employee of the state of Washington. The County shall indemnify and
hold harmless DCYF from all obligations to pay or withhold federal or state taxes or
contributions on behalf of the County or the County's employees.
14. Inspection. Either party may request reasonable access to the other party's records and
place of business for the limited purpose of monitoring, auditing, and evaluating the other
party's compliance with this Agreement, any Program Agreement, and applicable laws and
regulations. During the term of any Program Agreement and for one (1) year following
termination or expiration of the Program Agreement, the parties shall, upon receiving
reasonable written notice, provide the other party with access to its place of business and to
its records which are relevant to its compliance with this Agreement, any Program
Agreement, and applicable haws 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.
15. Insurance. DCYF certifies that it is self-insured under the State's self-insurance liability
program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable.
The County certifies that it is self-insured, is a member of a risk pool, or maintains
insurance coverage as required in any Program Agreements. The County shall pay for
losses for which it is found liable.
16. 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 procedures, practices, and records that sufficiently and
properly document the County's invoices to DCYF and all expenditures made by the
County to perform as required by this Agreement.
17. Operation of General Terms and Conditions. These General Terms and Conditions
shall be incorporated by reference into each Program Agreement between the County and
DCYF in effect on or after the start date of this Agreement. These General Terms and
Conditions govern and apply only to work performed under Program Agreements between
the parties.
18. Order of Precedence. In the event of an inconsistency in this Agreement and any
Program Agreement, unless otherwise provided herein, the inconsistency shall be resolved
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 6
I]CYF/CountvGeneral Terms & Conditions
bvgiving precedence, inthe following order, to:
o. Applicable federal and state of Washington statutes and regulations;
b. This Agreement;
c. The Program Aoreennentbd.
19. Ownership of Material. Material created b«the County and paid for b»DOYFasapart of
any Program Agreement shall beowned b«[}CYFand shall ba"work made for hire �ao
defined by 17 USC§ 101. This material includes, but is not limited to: books; computer
prognsrna| documents; -films; pamphlets; reports; sound reproductions' studies; surveys;
tapes; and/or training materials. Material which the County uses toperform aProgram
Agreement but isnot created for orpaid for b«DCYFieowned bythe Countvand ionot
"work rnadefor hire ^;hovvever.DCYFshall have aperpetual license touse this material for
DCYF internal purposes at no charge to DCYF, provided that such license shall be limited
tothe extent which the County has aright togrant such alicense.
20. Severability. The provisions ofthis Agreement and any Program Agreement are
severable. |fany court holds invalid any provision ofthis Agreement oraProgram
Agreement, including any provision ofany document incorporated herein or therein by
reference, that invalidity shall not affect the other provisions this Agreement or that Program
Agreement.
21.Subcontracting. The County may subcontract services to be provided under aProgram
Agreement, unless otherwise specified i that Program Agreement. |fDCYF.the County,
and subcontractor of the County are found by a jury or other trier of fact to be jointly
and severally liable for personal injury danages arising from any act oromission
under
this Agreement or any Program Agreement, then DCYF shall be responsible for its
proportionate shena, and the County shall be responsible for its proportionate share..
Should asubcontractor tothe County pursuant toa Program Agreement beunable Lo
satisfy its joint and several liability, [}CYF and the County shall share in the
subcontractor's unsatisfied proportionate share in direct proportion tothe respective
percentage oftheir fault aafound bythe trier offact. Nothing inthis section shall be
construed oscreating aright orremedy ofany kind ornature inany person orpartvother
than [)CYFand the (�ountv. This provision shall not apply inthe event ofa settlement'by
either [}CY'Forthe County.
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22. Subnecip|ents.
a.General. If the County isasubreci'ent of federal awards as defined �2 CFR Part
200 and this Agreement, the County will:
'
(1) Maintain records that identify, inits accounts, all federal awards received and
expended and the federal programs under which they were received, -�Catalogof
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
man�i����e��sin�m��n���b�.�uh��.a�'�-of
contracts or grant agreements that could have ematerial effect on�each of its
Department of Children, Youth and Families
2081 CF County Agreement ' General Terms and Conditions (06-06-2019) Page
DCYF/County General Terms & Conditions
federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of
federal awards;
(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements
between the County and its Subcontractors who are subrecipients;
(5) Comply with the applicable requirements of 2 CFR Part 200, including any future
amendments to 2 CFR Part 200, and any successor or replacement Office of
Management and Budget (OMB) Circular or regulation; and
(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 11 of
the Americans with Disabilities Act of 1990, Title IX of the Education Amendments
of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non -
Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and' 28
C.F.R. Part 35 and 39.
b. Single Audit Act Compliance. If the County is a subrecipient and expends $750,000 or
more in federal awards from all sources in any fiscal year, the County will procure and
pay for a single audit or a program -specific audit for that fiscal year. Upon completio.n
of each audit, the County will:
(1) Submit to the DCYF contact person the data collection form and reporting package
specified in 2 CFR Part 200, Subpart F, reports required by the program -specific
audit guide (if applicable), and a copy of any management letters issued by the
auditor;
(2) Follow-up and develop corrective action for all audit findings; in accordance with 2
CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings"
reporting the status of all audit findings included in the prior audit's schedule of
findings and questioned costs.
c. Overpayments. If 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.
23. Survivability. The terms and conditions contained in this Agreement or any Program
Agreement which, by their sense and context, are intended to survive the expiration of a
particular Program Agreement shall survive. Surviving terms include,_ but are not limited to:
Confidentiality (Section 6), Disputes (Section 9), Responsibility (Section 12), Inspection
(Section 14), Maintenance of Records (Section 16), Ownership of Material (Section 19),
Subcontracting (Section 21), Termination for Default (Section 26), Termination Procedure
(Section 27), and Title to Property (Section 29).
24. Termination Due to Change in Funding, Agreement Renegotiation or Suspension.
If the funds DCYF relied upon to establish any Program Agreement are withdrawn,
reduced or limited, or if additional or modified conditions are placed on such funding, after
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 8
DCYF/County General Terms & Conditions
the effective date of this Agreement but prior to the normal completion of any Program
Agreement:
a. At DCYF's discretion, the Program Agreement may be renegotiated under the revised
funding conditions.
b. Upon no less than fifteen (15) calendar days advance written notice to County, DCYF
may suspend County's performance of any Program Agreement when DCYF
determines that there is reasonable likelihood that the funding insufficiency may be
resolved in a timeframe that would allow the County's performance to be resumed prior
to the normal completion date of the Program Agreement. For purposes of this sub-
section, "written notice" may include email.
(1) During the period of suspension of performance, each party will inform the other of
any conditions that may reasonably affect the potential for resumption of
performance.
(2) When DCYF determines that the funding insufficiency is resolved, it will give the
County written notice to resume performance. Upon the receipt of this notice, the
County will provide written notice to DCYF informing DCYF whether it can resume
performance and, if so, the date of resumption.
(3) If the County's proposed resumption date is not acceptable to DCYF and an
acceptable date cannot be negotiated, DCYF may terminate the Program
Agreement by giving written notice to the County. The parties agree that the
Program Agreement will be terminated retroactive to the effective date of
suspension. DCYF shall be liable only for payment in accordance with the terms of
the Program Agreement for services rendered through the retroactive date of
termination.
c. DCYF may terminate the Program Agreement by providing at least fifteen (15)
calendar days advance written notice to the County. DCYF shall be liable only for
payment in accordance with the terms of the Program Agreement for services rendered
through the effective date of termination. No penalty shall accrue to DCYF in the event
the termination option in this section is exercised.
25. Termination for Convenience. The DCYF Contracts Administrator, or appropriate designee,
may terminate this Agreement or any Program Agreement in whole or in part for
convenience by giving the County at least thirty (30) calendar days' written notice
addressed to the County at the address shown on the cover page of the applicable
agreement. The County may terminate this Agreement and any Program Agreement for
convenience by giving DCYF at least thirty (30) calendar days' written notice addressed to:
DCYF Contracts Department, PO Box 45710, Olympia, Washington 98504-5710.
26. Termination for Default.
a. The DCYF Contracts Administrator, or appropriate 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;
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 9
DCYF/County General Terms & Conditions
(2) Failed to perform under any provision of this Agreement or any Program
Agreement;
(3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any
Program Agreement; or
(4) Otherwise breached any provision or condition of this Agreement or any Program
Agreement.
b. Before the DCYF Contracts Administrator, or their appropriate designee, may terminate this
Agreement or any Program Agreement for default, DCYF shall provide the County with
written notice of the County's noncompliance with the agreement and provide the
County a reasonable opportunity to correct the County's noncompliance. If the County
does not correct the County's noncompliance within the period of time specified in the
written notice of noncompliance, the DCYF Contracts Administrator, or appropriate
designee, may then terminate the agreement. The DCYF Contracts Administrator may
terminate the agreement for default without such written notice and without opportunity
for correction if DCYF has a reasonable basis to believe that a Client's health or safety
is in jeopardy.
c. The County may terminate this Agreement or any Program Agreement for default, in
whole or in part, by written notice to DCYF, if the County has a reasonable basis to
believe that DCYF has:
(1) Failed to meet or maintain any requirement for contracting with the County;
(2) Failed to perform under any provision of this Agreement or any 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, the County shall provide DCYF with written notice of DCYF's noncompliance
with the agreement and provide DCYF a reasonable opportunity to correct DCYF's
noncompliance. If DCYF does not correct DCYF's noncompliance within the period of
time specified in the written notice of noncompliance, the County may then terminate
the agreement.
27. Termination Procedure. The following provisions apply in the event this Agreement or
any Program Agreement is terminated:
a. The County shall cease to perform any services required by the Program Agreement as
of the effective date of termination and shall comply with all reasonable instructions
contained in the notice of termination which are related to the transfer of clients,
distribution of property, and termination of services.
b. The County shall promptly deliver to the DCYF contact person (or to his or her
Department of Children, Youth and Families
2081 CF County Agreement - General Terms and Conditions (06-06-2019) Page 10
UCYF/CountvGeneral Terms &Condhione
successor) listed onthe first page ofthe Program Agreement, all OCYFassets
(property) in the County's possession, including any material created under the
Program Agreement. Upon failure to�turn[}CYFpropedxvv�hinf�oen(15)vvor�ng
days ofthe PrognarnAgreement temnincdion.the County shaUbecharged
'with all
reasonable costs ofrecovery, including transportation. The County shall take
reasonable steps toprotect and preserve any property ofOCYFthat isinthe
possession ofthe County pending return toDCYF.
cDCYF shall beliable for and shall pay for only those services authorized and provided
through the effective date oftermination. DCYFmay pay anamount rnutua|k/��r�ed
bvthe parties for parUa|k/completed vvorkand aerv�eo,�vvorkproducts are' - useful kzor
usable by DCYF.
d.|fthe DCYF Contracts Administrator terminates any Program Agreement for default,
[)CYFmay withhold asum from the final payment tothe County that [)CYFdetermines
is necessary to protect DCYF against loss oradditional liability occasioned by the
alleged default. DOYFahaU be entitled to all remedies available at |avv. in equity, or
under the Program Aoreernent. |fitislater detemminedthat the [}ountvvvaenot
'in
default, orifthe County terminated the Program Agreement for defau- default, the
law,Agreement.
28. Treatment of Client Property. Unless otherwise provided in the applicable Program
Agreement, the County shall ensure that any adult client receiving services from the County
�eraP��m���e�h�un��a�������a��na|p�p�.�'
�u�shaUn�������a�edu����c�e�hip.����n.oru�of the
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client's property. The County shall provide clients under age eighteen (18)vvithreosomab|e
access bztheir personal property that ioappropriate tothe client's age, development, and
needs. Upon termination orcompletion ofthe 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 County from implementing such lawful
and reasonable policies, procedures and practices asthe County deems necessary for
safe, appropriate, and effective service delivery (for example, appropriately restricting
clients' access to, or possession or use of, lawful or unlawful weapons and drugs).
�. Title to Property. Title to all property purchased orfurnished by DCYF for use ��e
Coun�duhnQthe term ofaProgrernAgreennentahaUrenlainw�hDCYF. Title
'all
property purchased orfurnished b«the County for which the County is entitled to
reimbursement bv[)CYFunder a Program Agreement shall pass toand vest inDCYF.The
County shall take reasonable steps to protect and maintain all DCYF property in its
possession against loss or damage and shall return DCYF property to DCYF upon
termination or expiration of the Program Agreement pursuant to which it was purchased or
furnished, reasonable wear and tear excepted.
30. Waiver. Waiver ofany breach ordefault onany occasion shall not badeemed 1obe a
waiver of any subsequent breach or default. No waiver shall be construed tobea
modification of the terms and conditions of this Agreement unless amended as set forth in
Section 2.Amendment. Only the DCYFContracts Administrator ordesignee has the
authority to waive any term or condition of this Agreement on behalf of DCYF.
Department of Children, Youth and Families
2081CF County Agreement ' General Terms and Conditions (0e -0e -2o19) Page 11
STATE OF WASHINGTON
THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES
HQ, CONTRACTS OFFICE
1115 Washington St. S.E. Olympia, WA 98504
June 14, 2019
Subject: 'Transition to Department of Children, Youth and Families
Dear County Partners:
Effective July 1, 2017 the Washington State Legislature enacted House Bill 1661 that created the
Department of Children, Youth and Families (DCYF). Between July 1, 2018 and June 30, 2019,
the former Department of Early Learning (DEL), the Department of Social and Health Services'
(DSHS) Children's Administration (CA), Juvenile rehabilitation (Jr) and the Office of Juvenile
Justice (OJJ) will merge into DCYF.
Although the authority and funding for the continuation of contracts executed by all or a portion of
the previous Agencies will be assigned to DCYF by operation of law, pursuant to rCW
43.216.907, the General. Ten -ns and Conditions Agreement that the County has signed with .DSHS
will need to be replaced With an agreement signed with DCYF.
No substantive changes to the General Terms and Conditions Agreements have been made.
Updates within the document consist of changing the Department name to ensure the Agreement
reflects DCYF, not DSHS, and changing the period of performance to one year.
fir; .: - _. _
Attached is the General Terms and Conditions
Agreement for your signature =Please. review; sign]
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and date, and return:ahe entire ire -:s ed A reerrlent back:to..ahe. DCYF:ddress fisted ori = a e 1 of the
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A reen.ent, _Attention to Rachel Dena no ;Tater than Jul 25: _:2019 if ossble A co of the
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Agreement will be sent to you when fully executed.
Thank you -fur your continued partnership in providing services to the children and families of
Washington State.
Sincerely,
Stephen Cotter, HQ Contract Office Chief
Attachment: DCYF COUNTY GENERAL TERMS AND CONDITIONS
CC: Edith Hitchings, Executive Staff Director