HomeMy WebLinkAboutWashington State Department of Early Learning1:01
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Vlashi 'igton State Department of
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INTERLOCAL AGREEMENT
BETWEEN
DEL Contract Number: 18-1048
Contractor Contract Number:
Title: Home Visiting Services Account:
Nurse Family Partnership (NFP)
STATE OF WASHING T ON
DEPARTMENT OF EARLY LEARNING
AND
MASON COUNTY
THIS CONTRACT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the State of
Washington, acting by and through the Department of Early Learning, a department of Washington State
government (hereinafter referred to as "DEL") located at PO Box 40970, Olympia WA 98504-0970 and Mason
County, a County, doing business as Mason County Public Health, (hereinafter referred to as "Contractor"),
located at 415 N. 6th Street, Shelton WA 98584.
IT IS THE PURPOSE OF THIS CONTRACT to provide high quality home visiting services to high risk
families using the Nurse Family Partnership (NFP) program model for purposes of improving outcomes for
participants and strengthening coordination of services
THIS CONTRACT CONTRIBUTES TO THE FOLLOWING AGENCY GOALS:
Provide voluntary, high -quality early learning opportunities for children and families in Washington
THEREFORE, IT IS MUTUALLY AGREED THAT:
1. CONTRACT MANAGEMENT
1.1 The Contract Manager for each of the parties shall be the contact person for all communications and
billings regarding the performance of this Contract.
1.2 Any notice or demand or other communication required or permitted to be given under this Contract or
applicable law shall be effective only if it is in writing, properly addressed, and either emailed, delivered in
person, or by a recognized courier service, or deposited within the United States Postal Service as first-class
certified mail, postage prepaid, and return receipt requested, to the parties at the following addresses:
CONTRACTOR BUSINESS ADDRESS
Mason County
415 N. 6th Street
Shelton WA 98584
TIN: 91-6001354
UBI: 232-002-101
DEL ADDRESS
Department of Early Learning
PO Box 40970
Olympia WA 98504-0970
CONTRACTOR CONTRACT MANAGER
Lydia Buchheit
lydiab@co.mason.wa.us
Phone: (360) 427-9670 x404
DEL PROGRAM CONTRACT MANAGER
Ivon Urquilla
ivon.urquilla@del.wa.gov
Phone:
1.3 Each party shall notify the other party in writing within ten days of any changes of the name and contact
information regarding either party's designated Contract Manager.
1.4 Notwithstanding RCW 1.12.070, such communications shall be effective upon the earlier of receipt or four
calendar days after mailing or emailing. The notice address as provided herein may be changed by written
notice given as provided above.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 1 of 35
2. EXHIBITS AND ATTACHMENTS
Attached hereto and incorporated herein as though set forth in full are the following exhibits and attachments:
U Exhibit A - STATEMENT OF WORK
U Exhibit B - BUDGET
O Exhibit C - GENERAL TERMS AND CONDITIONS
O Exhibit D - Deliverables Schedule 8.18.17
O Attachment 1 - Certification of Data Disposition
O Attachment 2 - Statement Confidentiality and Nondisclosure
O Attachment 3 - Contract Monitoring, Compliance and Non -Compliance Mason
U Attachment 4 - Data Collection Reporting Align Meas
A Attachment 5 - Continuous Quality Improvement 8.18.17
U Attachment 6 - Monthly Enrollment Data Report
O Attachment 7 - Quarterly Progress Report
9 Attachment 8 - Federal Terms and Conditions of Award
The parties agree that the exhibits and attachments listed in this paragraph shall be enforceable against the
parties and are a part of this Contract.
3. STATEMENT OF WORK
The parties agree that the Contractor shall perform the activities and obligations as set forth and described in
Exhibit Al STATEMENT OF WORK, attached hereto and incorporated herein as though set forth in full. The'
Contractor shall also furnish the necessary personnel, equipment, material and/or service(s) and otherwise do
all things necessary for or incidental to the performance of the work as set forth and described in Exhibit A,
STATEMENT OF WORK. The Contractor agrees to provide the services, products and activities at the costs
set forth in this Contract.
4. PERIOD OF PERFORMANCE
Subject to Department of Enterprise Services (DES) approval requirements and the requirements of this
Contract, the period of performance of this Contract shall commence on July 1, 2017 and be completed on or
before July 31, 2018, unless terminated sooner as provided herein.
5. COMPENSATION
The parties have determined that the cost of accomplishing the work herein shall not exceed $104,210.75. Any
additional authorized expenditures, for which reimbursement is sought, must be submitted as written
documentation to the DEL Contract Manager for pre -approval by the DEL Director or the Director's delegate as
described in this Contract, and established by a written Contract Amendment. Exhibit B, BUDGET, attached
and incorporated herein as though set forth in full is an actual budget of the costs associated with this Contract.
If the Contractor reduces its prices for any of its services during the term -of this Contract, DEL will have the
immediate benefit of such lower prices for services following the price reduction. Compensation for services will
be paid upon the timely completion of services as described in Exhibit A, STATEMENT OF WORK, and is
contingent upon acceptance of relevant work products and approval of vouchers by DEL as described in this
Contract.
6. BILLING PROCEDURE
6.1 The Contractor will submit, not more than semi-monthly, properly completed A-19 vouchers (the "voucher)),
to one of the following:
The Department of Early Learning
Attn: Financial Office
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 2 of 35
P.O. Box 40970
Olympia, WA 98504-0970
Or email a scan of an original, signed A-19 voucher directly to the DEL Financial Office
at del.fiscal@del.wa.gov.
6.2 Payment to the Contractor for approved and completed work shall be made by warrant or Electronic Funds
Transfer by DEL and considered timely if made within 30 days of receipt of a properly completed voucher.
Payment shall be sent to the address designated by the Contractor and set forth in this Contract. No payments
in advance or in anticipation of goods or services to be provided under this Contract shall be made by the DEL.
6.3 Each voucher must clearly reference the DEL Contract Number and the Contractor's Statewide Payee
Registration number assigned by the Department of Enterprise Services (DES).
6.4 Properly completed vouchers and attachments completed by the Contractor must contain the information
described in Exhibit A, STATEMENT OF WORK under section titled "Voucher Verification".
6.5 For Statewide Payee Registration: DES maintains a central contractor registration file for Washington State
agencies to use for processing contractor payments. This allows many contractors to receive payments by
direct deposit. The Contractor must be registered in the Statewide Payee Registration system,
http://des.wa.gov/services/ContractinqPurchasing/BusinessNendorPay/Pages/statewideVendors.aspx, prior to
submitting a request for payment under this Contract. No payment shall be made until the Statewide Payee
Registration is complete
6.6 Upon the expiration of this Contract, any claim or payment not already made shall be submitted to DEL no
later than forty-five (45) days following the expiration date of this Contract. The final voucher shall certify that
the Contractor has completed all requirements of this Contract.
7. SIGNATURES
THIS CONTRACT, including the exhibits and attachments described in Paragraph 2, is executed by the persons
signing below who warrant they have read and understand this Contract and the exhibits and attachments. The
persons signing below further represent that they have the authority to execute this Contract.
CONTRACTOR:
SIGNATURE:
•
PRINTED NAME AND TITLE: DATE SIGNED:
KCij4 �I 7 / d
Timothy Wilson
ContractSpecialis'c
DEL Contract Administrator
Received
S P 1 1 2017
Department of
Early Learning
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 3 of 35
Washington State Department of
Early I earning
DEL Contract Number: 18-1048
Contractor Contract Number:
Title: Horne Visiting Services Account: Nurse
Family Partnership (NFP)
Exhibit A STATEMENT OF WORK
I. DEFINITIONS. The following terms shall have the meanings set forth below:
1.1.At-Risk Community means a community for which indicators of risk are present in greater
proportion than in Washington as a whole.
1.2.At-Risk Family means families residing in at -risk communities and the population receiving home
visiting services provided through this contract.
1.3.Benchmarks means the federally or state required performance measures that will be implemented
through this contract.
1.4.Continuous Quality Improvement (CQI) means a systematic approach to specifying the processes
and outcomes of a program or set of practices through regular data collection and the application
of changes that may lead to improvements in outcomes, process, and performance.
• 1.5.DEL means the Department of Early Learning.
1.6.Direct Identifiable Information means data or records that include names; postal address
information ( other than town or city, state and zip code); telephone numbers, fax numbers, e-mail
addresses; social security numbers; medical record numbers, health plan beneficiary numbers;
account numbers; certificate /license numbers; vehicle identifiers and serial numbers, including
license plate numbers; device identifiers and serial numbers; web universal resource locators
URLs); Internet protocol (IP) address numbers; biometric identifiers, including finger and voice
prints; and full face photographic images and any comparable images.
1.7.Deliverable means the daily delivery of home visiting services and/or a tangible work product
resulting from this contract which is to be documented, described, reported and/or provided to the
Contract Manager in the form and manner requested by this contract.
1.8.DOH means the Department of Health.
1.9.DSA means Data Sharing Agreement.
1.10. DSHS means the Department of Social and Health Services.
1.11. ELRC means Early Learning Regional Coalitions.
1.12. Enhancements or Adaptations to home visiting model means adaptations to programs include
changes to the model that have not been tested with rigorous impact research but are determined
by the Model Developer not to alter the core components related to program impacts.
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Printed Date: 9/5/2017 Page 4 of 35
1.13. Enrollment means a family is to be considered enrolled in a home visiting program as of the date
of the first home visit during which the participant voluntarily consents to participate and signs a
written participant agreement. All services must be voluntary. Active enrollment includes families
who have received at least one home visit in the prior 90 clay period.
1.14. Evidence -based Home Visiting Models means models having specific evidence standards and
include Home visiting models approved by the federal Health Resources and Services
Administration's (HRSA) MIECHV program and selected by local implementing agencies for
implementation through the HVSA.
1.15. FERPA means "Family Educational Rights and Privacy Act" that protects the privacy of student
education records, with regulations found at 34 CFR Part 99.
1.16. HIPAA Rules means "Health Insurance Portability and Accountability Act Rules" shall mean the
Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R., Part 160 and Part
164.
1.17. HRSA means the United States Department of Health and Human Services: Health Resources and
Services Administration.
1.18. HV means home visiting.
1.19. HVSA means the Home Visiting Services Account established in RCW 43.215.130.
1.20. Implementation HUB means the central administration of Implementation Science -informed
supports, training, coaching, and technical assistance for home visiting services in Washington
State as provided by Thrive Washington. Can also be referred to as 'The HUB.'
1.21. IS means Implementation Science, a framework to promote the full and effective use of evidence -
based programs and evidence -informed innovations so that outcomes shown in research are
achieved and sustained.
1.22. LIA means local implementing agencies funded through the HVSA contracts that provide direct
home visiting services and tasked with establishing the local infrastructure necessary for
successful implementation and provision of the selected evidence -based HV research based or
promising programs.
1.23. Memorandum of Understanding (MOU) means an agreement, between Contractor and partners,
organizations, individuals, agencies and/or other entities in the local service area to provide
wraparound services, additional resources, in -kind services, and/or use of facilities to Contractor
in order to best meet the goals of the Local HVSA Program. MOUs will serve to leverage
community resources and address the existing service gaps and needs of participants and
promote successful implementation and operation of the Local HVSA Program.
1.24. MIECHV Program means the Maternal, Infant and Early Childhood Home Visiting Program
authorized through the federal government via HRSA.
1.25. Model Developer means an entity or its designee responsible for the development of an identified
evidence -based HV model for defining and monitoring fidelity to the model.
1.26. NFP means the Nurse -Family Partnership home visiting model. Nurse -Family Partnership (NFP),
definition can be found at the Nurse Family Partnership National Service Office,
www.nursefamilypartnership.org.
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Printed Date: 9/5/2017 Page 5 of 35
1.27. Potentially identifiable information means information that includes indirect identifiers which
may permit linking an individual to that person's health care information. Examples of potentially
identifiable information include:
1.27.1. birth dates;
1.27.2. admission, treatment or diagnosis dates;
1.27.3. healthcare facility codes;
1.27.4. other data elements that may identify an individual. These vary depending on factors such as
the geographical location and the rarity of a person's health condition, age, or other
characteristic.
1.28. Reflective Supervision —Reflective supervision is a distinctive form of competency -based
professional development provided to multidisciplinary early childhood home visitors that
emphasizes relationship development between home visitor and supervisor, between home visitor
and parent, and between parent and infant/toddler. Reflective supervision attends to the emotional
content of their work and how reactions to the content affect the work.
1.29. Service Area means the geographical area defined by geographic boundaries where the at -risk
community is located and where at -risk families reside or a specific people group who will be
served by Contractor.
1.30. State Model Lead means the HV program model representative that provides contractors with HV
services, supports and TTA in coordination with the Implementation HUB.
1.31. SOW means statement of work.
1.32. TANF means Temporary Assistance for Needy Families administered by DSHS.
1.33. Thrive Washington means the private partner identified in RCW 43.215.130 the Washington Early
Learning Fund doing business as Thrive Washington that is responsible for supporting the HVSA
account by providing TTA through the Implementation Hub to LIAs.
1.34. TTA means Training and Technical Assistance and may include coaching and consultation
activities.
1.35. WorkFirst means the program for TANF families who are required to participate in certain work -
related activities.
2. Background
2.1.The Home Visiting Service Account (HVSA) is a legislatively mandated private- public partnership
(RCW 43.215.130) that funds high quality home visiting programs so that:
2.1.1. Children are healthier and better prepared for school
2.1.2. Parent -child bonds are stronger
2.1.3. Abuse and neglect are less likely
2.2.The account prioritizes funding towards meeting the needs of Washington's diverse populations,
particularly those families and communities demonstrating the highest needs.
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Printed Date: 9/5/2017 Page 6 of 35
2.3.Ultimately, the HVSA is working to ensure that home visiting services are embedded in and
contribute towards comprehensive, high quality early childhood systems so that families have
access to high quality information, services and supports prenatally through Kindergarten entry.
2.4.Programs funded through the I-IVSA administered by DEL aim to improve the health and well-being
of at -risk families understanding there are windows of opportunity to influence family and child
development that occur in the context of community and society. Contractor shall implement the
HVSA-approved home visiting model with the intent of improving outcomes for participants and
strengthening coordination of services.
3. Model Fidelity
3.1.The intent of this contract is for Contractor to maintain fidelity to the Nurse Family Partnership (NFP)
program model. Model fidelity is defined as a program's adherence to specified criteria and
components on an on -going basis as described by the NFP Model Developer. For home visiting
programs that are not evidence based, the promising practices Contractor will work with a DEL -
authorized provider of technical assistance to establish model fidelity indicators in the first quarter
of this contract and adhere to these requirements throughout the term of this contract.
3.1.1. National Model Standing: Contractor will ensure adherence to NFP program model standards
for the duration of this contract, as indicated through a written letter with certification of good
standing status and/or active, ready to implement status from the NFP National Service
Office.
3.1.2. Enhancements or adaptations to home visiting model: Adaptations or enhancements are not
allowed with this contract unless with prior written approval by the model developer and DEL.
4. Staffing, Supervision and Training
4.1.Staffing Plan: Contractor agrees to maintain staffing sufficient to fulfill project goals and objectives
through adherence to the staffing plan outlined as follows:
Staffing
Plan
by
Position
Type
a
MIECHV
Funded
HVSA-
b.
TANF
Funded
HVSA-
c.
Other
Funded
HVSA-
State
e..
Total
HVSA
Home
Visitor
FTE
Total
0.40
0.30
0.70II
--
HV
delivering
Supervisors
home
FTE
visiting
Total
services,
--
time dedicated to
if applicable
0.10
0.10
0.20
-
Supervisor
supervision
FTE
time
Total
-- remaining
0.30
0.20
0.50
Admin
Support
Staff
FTE
Total
Data
Support
Staff
FTE
Total
0.25
0.15
0.40
Management
Staff
FTE
Total
Additional
Direct
Service Staff
FTE
Total
4.2.Home Visiting Supervisor and Home Visitor Qualifications: Contractor agrees to minimally adhere to
the NFP program model home visitor supervisor and staffing qualification requirements; if no
model requirements exist, Contractor will work with the DEL -authorized provider of technical
assistance to establish qualifications in the first quarter of this contract, specify them in the model
fidelity letter referenced in Section 3.1.1, and adhere to these requirements throughout the term of
this contract. For a definition of DEL -authorized technical assistance, see Section 11.
4.3.Sub-Contracting: With prior approval from DEL, Contractor may hire directly or subcontract with
clinical staff, other support staff, or consultants to provide topic -specific expertise or clinical
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 7 of 35
support to home visiting staff. If Contractor hires clinical staff or contracts out for other support
services, Contractor will be required to adhere to model requirements and provide periodic
updates on the activities carried out by the clinical staff, consultant, and/or subcontract.
4.4.Background Checks: Due to the confidential nature of the client information that will be accessible to
Contractor, Contractor shall conduct background checks on home visiting staff prior to performing
work and maintain in employee files.
4.5.Supervision: Contractor agrees to adhere to NFP program model supervision requirements as
follows:
4.5.1. Supervision Ratios: Contractor agrees to meet or exceed the NFP program model
requirements for the ratio of supervisors to home visitors; if no model requirements exist,
Contractor will work with a DEL -authorized provider of technical assistance to establish
qualifications in the first quarter of this contract and adhere to these requirements throughout
the term of this contract.
4.5.2. Supervision Schedule Hours: Contractor agrees to maintain or exceed the following
supervision schedule:
4.5.2.1. Two (2) hours per month of individual reflective supervision for each home visitor
working .5 FTE or more; and
4.5.2.2. One (1) hour per month of group supervision, case conferencing, or staff meetings
for all home visitors;
4.5.2.3.
Adequate monthly one-on-one administrative and clinical supervision; DEL
recommends a minimum of one (1) hour per month to each home visitor working
0.5 FTE;
4.5.2.4. Contractor may come to mutual agreement with DEL for alternative supervision
schedules, subject to written notification.
4.6.Staff Training and Ongoing Professional Development: Contractor will ensure that all home visitor
and supervisor staff adhere to the training requirements established by the model developer and
the HVSA. Upon request, Contractor will deliver documentation of the following
4.6.1. All newly hired home visitors, supervisors, and coordinators completion of required model
training before working independently with HVSA enrolled families.
4.6.2. All home visitors, supervisors and coordinators remain up-to-date in the professional
development and continuing education required by the NFP model, and the HVSA to
include, but not limited to, data collection, Continuous Quality Improvement, the
NEAR@Home Toolkit, and Facilitating Attuned Interactions (FAN).
4.7.HVSA Orientations and Meetings: Contractor agrees that, at a minimum, one lead staff person or
the home visiting program manager will participate in all HVSA statewide meetings conducted in
Washington State to include:
4.7.1. The DEL HVSA Orientation Webinar to occur in the first quarter of the contract period on a
date to be determined.
4.7.2. At least two (2) full -day HVSA Semi -Annual Statewide Meetings held in Washington State in
the greater Seattle/Tacoma area on dates to be determined;
4.7.3. Up to three (3) NFP Supervisor Meetings in locations and on dates to be determined;
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Printed Date: 9/5/2017 Page 8 of 35
4.8.Staff Retention Practices: To assure continuity of high quality service delivery, Contractor will
develop and implement policies and practices to recruit and retain qualified staff in the home
visitor and supervisor positions.
4.9.Staffing Vacancy Plans: In the event of short- and Tong -term vacancies, Contractor agrees to
establish and implement vacancy plans to fill vacant home visitor and supervisor positions to
ensure continuity of home visiting services, minimal client turnover, and adequate supervision.
Service Area and Recruitment of Priority Populations
5.1.Service Area: Contractor agrees to deliver home visiting services to at risk families, as defined in
Section 5.2. below, who reside in the following counties or sub -county areas:
5.1.1. Mason County
5.2.Priority Population: Contractor agrees to sustain internal practices to serve participants from among
the HVSA Priority Populations. Priority Populations are defined as eligible participants with
multiple of the following characteristics:
5.2.1. Demographic Characteristics:
5.2.1.1. American Indian/Alaskan Native Non -Hispanic
5.2.1.2. Poverty/Low Income
5.2.1.3. Teen Parents
5.2.1.4. Non -English Speaking or Recent Immigrant
5.2.1.5. Enrolled in WorkFirst/TANF
5.2.2. Adverse Experiences
5.2.2.1. Prior Child Weifare System Involvement
5.2.2.2. Intimate Partner Violence
5.2.2.3. Familial History or current experience with Substance Use, including Tobacco
5.2.2.4. Parent Mental Illness
5.2.2.5. Current and Previously Incarcerated Parents
5.2.2.6. Homeless/Unstable Housing
5.2.3. Other Characteristics
5.2.3.1. Parents with Low Educational Attainment
5.2.3.2. Parents with Disabilities
5.2.3.3. Families currently or formerly in the Military
5.2.3.4. Children with Disabilities, especially those not linked with early intervention
services
5.3.In alignment with model fidelity, Contractor agrees to create and implement an outreach plan to
reach families to be served from among the priority populations. Contractor agrees to document
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outreach efforts and referral sources for potential and enrolled participant including those who
decline services; outreach and referral sources will be recorded in the NFP model data system,
currently Efforts to Outcomes (ETC). Contractor agrees to analyze whether outreach efforts are
successfully reaching target populations and communicate via quarterly reports when barriers
occur reaching the target population. Any proposals to adapt the priority population would need to
be supported by community data and approved by DEL.
6. Participant Enrollment, Retention, and Caseload Maintenance
6.1.PIan for Recruitment of Participants: Contractor agrees to establish and implement a
comprehensive plan aligned with the NFP program model for participant recruitment, engagement,
and retention to ensure ongoing enrollment of priority populations specified in section 5.
6.2.Voluntary Services: Through program policies and procedures, Contractor will assure that home
visiting services are provided on a voluntary basis. For every participant enrolled, Contractor must
document via a consent form or participant agreement that expectant parents, parents or
caregivers agree to voluntarily enroll in home visiting services. Consent forms or participant
agreements must explicitly state that home visiting services are voluntary, and the consent must
be signed and dated by the participant upon enrollment. Consent forms must be maintained in the
participant file in paper or electronic form. Consent forms should be written in plain language and
be available in multiple languages. When potential participants have barriers with literacy, the
consent should be explained in the participant's primary language, which may require
interpretation. When interpretation is utilized, signatures should be obtained on the consent form
from the interpreter, whenever possible. Sample consent form(s) for voluntary services and data
sharing (9.4.2) are available at www.del.wa.gov\homevisiting.
6.3.Active Caseload Threshold: Contractor will build and maintain an active participant caseload in
accordance with NFP model requirements. Throughout the duration of this contract, Contractor
agrees to target an active Maximum Service Capacity of 43 families, and -maintain a minimum
Active Enrollment Caseload of 85% of those families, or 36 families.
6.3.1. Maximum Service Capacity is defined as the highest number of families or households that
could potentially be enrolled at any point in time if the program were operating with a full staff,
as described in Section 4.1.
6.3.2. Active Enrollment Caseload is defined as including those enrolled with some enrollment time
during the report period and have completed a home visit within 90 days of the end of the
report period. Client may have entered or exited services within that report period.
6.3.3. Contractor's Minimum Active Enrollment Caseload will be calculated each quarter using the
number of families actively enrolled during the quarter divided by the total number of
Maximum Service Capacity.
6.3.4. If Contractor's Active Enrollment Caseload falls below 85% of the Maximum Service Capacity
DEL will initiate the improvement process outlined in Attachment 3.
6.4.Policies and Procedures for Participant Enrollment, Disenrollment, Re -Enrollment, and Transfer:
Contractor agrees to develop and maintain written policies and procedures in alignment with
model fidelity for the following:
6.4.1. Enrollment and Disenrollment: Describing timeline and process for dis-enrolling families upon
graduation as well as what measures are taken and the timeline when contact with a family is
lost. If a model allows an alternative visit schedule, Contractor must have documented
procedures for how alternative visit schedules are determined and approved.
6.4.2. Re -enrollment: Describing the process for responding to families who reapply for program
participation to allow for re -enrollment in the program Procedures should include an
assessment of prior program participation, and upon re -enrolling, programs will have a
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system for determining if/how re -enrollment impacts timelines for program curriculum,
assessment, and services as well as how families are re -oriented to program. Programs
should allow for re -enrolling families when eligible by model and when appropriate.
6.4.3. Avoiding Dual Enrollment: Describing the processes to assess prior and current participation
in home visiting services of families upon application for enrollment. If a family is currently
enrolled in an another HVSA funded program or model, in dialogue with the family,
Contractor's staff will determine which program is most appropriate to meet the families
circumstances and the family will remain in the previous program or seamlessly be
transitioned into the new program. In general, if the family is meeting participation
expectations in the original enrollment, enrollment should be maintained in the original
program. When there is a clinical need or planned service transition for dual enrollment,
Contractor will document this need in the client file and the plan for coordination of services.
Contractor will develop and implement policies and procedures to seamlessly transfer
enrolled families to alternate home visiting models if it best meets the interests and needs of
the family and considers risks to disrupting an existing positive relationship between home
visitor and family. When there are multiple HVSA funded contracted programs or models in
the same service area, it is recommended that the Contractor develop a formal agreement
with each program, such as a Memoranda of Understanding, to describe how the
organizations will coordinate recruitment and enrollment of home visiting services.
7. Home Visits Frequency and Content
7.1.Frequency of Home Visits: Contractor agrees to deliver the number of home visits to families based
on the NFP program model requirements. If there are no model requirements, Contractor will
develop a definition of frequency with Thrive Washington and describe this in the model fidelity
letter cited in Section 3.1.
7.1.1. As outlined in Attachment 4 Contractor agrees to work towards adhering to model expected
dosage and administer at a minimum an average of 65% or higher of expected home visits
per month for enrolled families,
7.2.Assessments, Service Content, and Referrals: Contractor will administer individualized
assessments of participant families, and services will be provideci in accordance with those
individual assessments, families' strengths and. needs, and ensuring compliance with the NFP
model requirements.
7.2.1. Screenings: Contractor agrees to administer screenings with the frequency in fidelity to the
NFP program model requirements and MIECHV performance measures.
7.2.2. Referrals: Contractor agrees to refer participants to services needed as identified by
individual assessments and to document referrals and results of referrals in participant's file:
8. Systems Connections
8.1.Local Engagement and Collective Impact: Contractor agrees to participate in local and regional
early learning coalitions and other initiatives to support, coordinate and build connections among
local early childhood partners, early intervention, Early Supports for Infants and Toddlers, child
welfare, economic support services, and the Community Wellness and Prevention Initiative. DEL
recommends Contractor develop Memoranda of Understanding with the Early Supports for Infants
and Toddlers (ESIT), early intervention service providers, Early Childhood Education and
Assistance Program, child welfare services, other non-HVSA home visiting programs and early
learning providers within the service area to describe the role of each partner in service
coordination, referrals, information sharing, and family transitions.
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Data Collection and Evaluation Requirements
9.1.Evaluation Purpose and Overview: The HVSA data collection and evaluation are designed to tell
the story of home visiting in Washington State, understand how home visiting is working, and how
it contributes to an early learning system that ensures all children start life with a solid foundation
for success. The HVSA also accounts to federal, state, and private funders for the impacts of
these investments.
While DEL is the administrator of the HVSA, DEL contracts with the Department of Health to lead
data collection, management, data sharing, quality assurance, reporting and supports for
continuous quality improvement and overall HVSA evaluation efforts. DOH is the DEL -specified
contractor for data management and reporting.
9.2.Data Collection' Contractor will ensure data collection that meets model requirements and the
HVSA, as outlined in Attachment 4, for all families, adults and children enrolled in home visiting
services, which include the measures summarized below and defined in Attachment 4:
9.2.1. Performance Measures:
9.2.1.1. System and Program Performance Indicators;
9.2.1.2. Enrollment and Service Utilization;
9.2.1.3. Demographic Information; and
9.2.1.4. Performance Payment Awards Performance Payment Measures.
9.2.2. For all families being served by home visitors whose personnel expenses are at 0.25 FTE or
greater with MIECHV funding, Contractor must collect all required MIECHV demographics,
services utilization and performance measures for their entire caseload; for example, home
visitors funded at 0.25 FTE MIECHV and 0.75 FTE TANF (or the reverse) must adhere to the
MIECHV performance measures and data collection requirements for all families on their
caseload.
9.3.Data Management: Contractor agrees that data will be collected and entered in NFP data system
accurately, timely and stored with appropriate safeguards to ensure protection of client information
according to the following standards:
9.3.1. Data Accuracy. Data should accurately represent the experience of the client; required
screenings and assessments should be administered as designed. This includes assigning all
clients a funding code as designated by DOH (see Section 9.4 for data share requirements).
9.3.2. Timely Data Collection: Data will be collected adhering to the Performance Measures
requirements outlined in Attachment 4 and entered into NFP data system within five business
days of data collection.
9.3.3_ Data Security: Electronic and paper data should be maintained in secure locations and
available only to those with a business need for the data; Contractor must maintain
procedures that do not place individuals at risk of harm and comply with applicable
confidentiality provisions, such as HIPAA and FERPA.
9.4.Data Sharing: Contractor agrees to share data necessary to meet data collection requirements
specified in section 9.2 with DEL's contractor of record, DOH.
9.4.1. Data Sharing Agreement (DSA):
Contractor agrees to execute a data sharing agreement with DOH to share direct identifiable
demographic information, enrollment, service utilization, program performance and staffing
data on or before July 30, 2017. Additionally, Contractor will provide documentation of
execution of data sharing with DOH to the NFP National Service Office by July 30, 2017.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 12 of 35
9.4.2. Parental Consent: With consultation and support from DEL and DOH, Contractor will make
every effort to seek Parental Consent to share direct identifiable data with DOH during the
contract period; Contractor agrees to seek this consent from all currently enrolled families
within the first six (6) weeks of the contract period and from all newly enrolled families within
the first three home visits. Sample consent form(s) for voluntary services (Section 6.2) and
data sharing (Section 9.4) are available at www.del.wa.gov\homevisiting.
9.4.2.1. Parental Consents for voluntary services and data sharing may be combined.
9.4.2.2. Families who do not provide consent to share identifiable data remain eligible to
receive home visiting services.
9.4.2.3. For those participants who do not consent to share identifiable data, Contractor
agrees to deliver to DOH a list of client IDs and required de -identified data.
9.5.Quality Assurance: the Contractor will make every effort to assure that data provided to DOH is
complete and accurate. The Contractor will use DOH reports of Contractor's data completion to
make corrections to data.
9.5.1. Contractor will respond to any requests from DOH to resolve any errors or missing data
needed for performance measures within 15 business days.
9.5.2. Contractor will strive for less than five percent missing data of all data required in Section 9.2.
9.5.3. Contractor agrees to review data reports prepared by DOH to facilitate reflection and quality
assurance and improvement efforts.
9.6.Evaluation: Contractor is required to participate in and cooperate with HVSA, DEL and DEL -
specified evaluations. This will include responding to emerging and non -routinize data and
evaluation requests from funders of the HVSA and working with DEL specified contractors.
Evaluation activities include but are not limited to interviews, focus groups, observations and
surveys and may involve:
9.6.1. The Home Visiting Workforce Study and its evaluation required by the MIECHV Innovation
Grant, which focuses on recruiting and retaining a high quality home visiting workforce and
includes working with DEL specified contractors, including but not limited to Portland State
University and other vendors.
9.6.2. Completing all documentation required by the research projects within the timeframes
provided; DEL will provide advanced notice to Contractor of additional requirements
whenever possible
9.7.Training and Technical Assistance on Data Collection and Evaluation: Contractor agrees to
participate in and cooperate with training and technical assistance related to the topics listed
below. Participation may include in -person and remote meetings, staff training, technical
assistance opportunities, and reviews of data, reports and organizational policies/procedures.
DOH is available to support Contractor in working towards and achieving contract milestones on
numerous topics including, but not limited to the following:
9.7.1. Data sharing
9.7.2. Data collection
9.7.3. Reporting process
9.7.4. Analysis and interpretation of data
9.7.5. CQI planning and processes
9.7.6. Quality assurance
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 13 of 35
10. Continuous Quality Improvement (CQI)
10.1. Purpose: The purpose of Continuous.Quality Improvement (CQI) is to improve outcomes for
families engaged in home visiting services. CQI activities will be designed around home visiting
teams' practices, utilize program data, and improve the program's quality and outcomes over time.
CQI is prospective and inherently testing new strategies that may not always result in improved
services. Building CQI into regular practice may require Contractor to assess overall
organizational culture for quality, and DEL recognizes this may be new to Contractor; therefore,
DEL will not monitor Contractor for CQI outcomes but rather for progress on implementing the CQI
Team and Plan as outlined in this Statement of Work.
10.2. Training and Technical Assistance: Contractor agrees to participate in ongoing training and
technical assistance associated with CQI including quarterly phone calls lasting at least one hour
and topic specific group bi-monthly calls lasting at least one hour. DEL -specified contractors
providing this training and technical assistance include Thrive and DOH who will also support
Contractor on development measures, quarterly data reports for the selected CQI measures, and
CQI Toolkit for use in implementing the CQI Projects.
10.3. CQI Projects: Contractor agrees to develop and implement one CQI Project during this contract
term. The CQI Project period is July 1, 2017 through December 31, 2017. CQI Project will include
the following:
10.3.1. CQI Team —establish an internal CQI staff team established by the Contractor to oversee,
support, and implement CQI activities to assess program processes and outcomes; the CQI
Team membership may change depending upon the focus of the CQI Project.
10.3.2. CQI Charter and Plan implement, at minimum, the project SMART Aim, CQI Team
Members, and the initial project plan, as defined in Attachment 5 and available at
www.del.wa.gov\homevisiting. CQI Charter and Project 1 Plan are due to DEL on or before
August 25, 2017, and CQI Charter and Project 2 Plan are due to DEL on or before January
31, 2018, unless mutually agreed on an alternate schedule and plan.
10.3.3. Improvement Cycles —implement one (1) Plan, Do, Study, Act (PDSA) cycles each project
period.
10.3.4. CQI Topics utilize one of the following four topics for each CQI Project, unless otherwise
approved by DEL:
10.3.4.1. Maternal Depression Screening —completion of screening, referral and connection
to appropriate services;
10.3.4.2. Intimate Partner Violence Screening completion of screening, referral and/or
connection to services;
10.3.4.3. Family Engagement increasing length of participation or frequency of completed
visits;
10.3.4.4. Parent Child Interaction completion of assessment of positive parenting
behaviors using a validated Parent -Child Interaction tool;
10.3.4.5. Other Topic —to be approved by DEL.
10.3.5. Reporting and Deliverable —report on the CQI Project progress and results using the CQI
Quarterly Report Templates described in Attachment 5 and available at
www.del.wa.govlhomevisiting; submit the reports to DEL with the Quarterly Progress Reports
and share with DOH and Thrive for review and feedback during the quarterly CQI calls.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 14 of 35
11. Technical Assistance
11.1. Technical Assistance (TA) is available to Contractor to assist in maintaining model fidelity,
implementing best practices, and assuring and improving quality of home visiting service delivery.
DEL contracts with Thrive Washington (Thrive) to provide of technical assistance for the HVSA.
The Contractor agrees to work with DEL's designated provider of technical assistance for support
in achieving contract milestones including, but not limited to, the following areas:
11.1.1. Program model fidelity
11.1.2. Staff qualifications, and selection and onboarding of home visitors and supervisors
11.1.3. Reflective supervision process
11.1.4. Staff retention and vacancy planning
11.1.5. Participant outreach and recruitment
11.1.6. Model specific service delivery and case planning
11.1.7. Leadership development and organizational support for home visiting model
11.1.8. CQI planning, implementation and analysis
11.2. Technical Assistance Plan: Contractor agrees to collaborate with the DEL -specified contractor for
technical assistance during the contract term to including development of a Technical Assistance
Plan during quarter 1.
11.3. Technical Assistance and Coaching: Contractor agrees to participate at minimum in monthly one -
hour Technical Assistance/Coaching calls and up to three (3) technical assistance site visits with
the DEL -specified Technical Assistance provider.
12. Sustainability and Transition Planning
12.1. Sustainability and Transition Plan: Submitted with Quarter 1 Deliverables, Contractor will submit
a Sustainability and Transition plan which will include at least the following elements: current
estimates of NFP eligible populations in Mason County, and considerations for quality, costs
and efficiency of delivering NFP services in Mason County through a regional service delivery
model, and an update of progress and timeline for transition, plan to retain currently enrolled
families, and a plan to partner with Thurston County Health and Social Services after transition
(i.e., physical space for staff, community advisory, data sharing and reporting.
12.2. Sustainability and Transition Report: During Quarter 2, Contractor will meet with DEL to finalize
next steps for delivering NFP services in Mason County 1. With Quarter 2 Deliverables Report,
Contractor should describe transition and outcomes.
13. Budget and Financial
13.1. Program -Funding Specific Budget: Contractor agrees that funds provided under this contract will
be expended by December 31, 2017 as specifically itemized line by line in Exhibit B, and that
transfers within expense categories of the budget in excess of 10% of the contract amount for
each funding source (column) will not be made without prior written approval from DEL and may
require a contract amendment.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 15 of 35
13.2. Supplantation: Contractor shall ensure that HVSA funds received under this contract will be used
to supplement and not supplant the amount of federal, state, and local funds otherwise expended
for work performed under this Contract.
13.3. Travel: Contractor shall receive compensation only for lodging, per diem, and meal expenses at
current state travel reimbursement rates and in accordance with the State of Washington Office of
Financial Management Travel Regulations. Current rates for travel may be accessed at:
ihttp://www.ofm.wo.gov/resources/travel.asp. When the lowest available lodging rate exceeds the
current state travel reimbursement rates, an exception may be made anti when pre -approved in
writing by Contractor's fiscal authority, documented, and available for review. Travelers must be
prudent when planning and conducting essential business travel, ensuring they select travel
alternatives that are the most economical. Appropriate planning must take place to avoid
unnecessary travel in the performance of work assignments, seeking alternatives such as
teleconference calls, video and web collaboration and conferencing. Contractor's travel policy is
subject to review during ongoing or in-depth fiscal monitoring.
13.4. Indirect Costs: Contractor may either claim the indirect rate negotiated with its cognizant federal
agency (also known as the federally approved cost allocation plan) or an indirect rate that does
not exceed 10% of modified total direct costs.
13.4.1. If claiming the federally negotiated rate, Contractor must supply the documentation verifying
the federally approved rate Contractor's indirect rate plan and procedure are subject to
review during ongoing or in-depth fiscal monitoring.
13.4.2. Contractor's indirect cost plan must comply with the CFR part 200.56.57 and 200.414
Certification of cost allocation plan or indirect (facilities & administrative (F&A)) cost rate
proposal. The CFR can be found at the following link: http://wvvw.ecfr.gov/cgi-bin/text-
idx7SID=89e31 f63d8c85ba9e4f7a6a 7fd6fdea5&mc=true&node=se2.1.200 156&rgn=div8
and http.//www.ecfr.gov/cgi-bin/text-
idx?SID=89e31 f63d8c85ba9e4f7a 6a7fd6fdea5&mc=true&node=se2.1. 200 1414&rgn=div8
13.5. Performance Payment Awards: During the term of this contract, Contractor will receive an
additional $500 per quarter for achievement of each of the following Performance Milestones
described in 12.5.4 below within that quarter.
13.5.1. DEL will review data provided by Contractor and DOH to confirm achievement of both
milestone with Contractor prior to issuance of any Performance Payment Award.
13.5.2. Contractor may receive up to a total of $4,000 in Performance Payment Awards within the
contract term as detailed in the Budget Exhibit B and distributed with reimbursements for
invoices submitted for months 3, 6, 9, and 12.
13.5.3. Funds received for Performance Payment Awards must be used to advance the goals of the
home visiting program in this contract.
13.5.4. Performance Milestone- Quarterly Enrollment: $$500 per quarter, up to a total of $2,000 during
the contract term, will be provided as a Performance Payment Award upon the fulfillment of
the following performance measure
13.5.4.1. Contractor maintains an average Active Enrollment Caseload of 90% or higher, of
their Maximum Service Capacity during the quarter, as measured by the number
of families actively enrolled on the 15th of Month 1, Month 2 and Month 3 of the
quarter divided by the Maximum Service Capacity (total number of possible
families), or 38.7 families.
13.5.5. Performance Milestone: Home Visiting Dosage: $500 per quarter, up to a total of $2,000
during the contract term, will be provided as a Performance Payment Award upon the
fulfillment of the following performance measure:
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 16 of 35
13.5.5.1. Contractor maintains NFP dosage requirements for home visits for 70% of all
clients as measured by the proportion of enrolled clients that met the model
defined dosage expectation during the time the client was enrolled during report
period. See Attachment 4 for model defined dosage expectation.
13.6. Financial Reporting and Documentation:
13.6.1. Contractor agrees to submit, at least monthly and not more often than semi-monthly, a
properly completed A-19 Voucher accompanied by the following documentation of the actual
expenses incurred during that period, as described below:
13.6.1.1. Monthly or Semi-monthly Expense Summary by fund source (e.g. MIECHV and
State) as produced by Contractor's accounting system and clearly detailing
expenses incurred for each Pay Point in that period's A-19 Voucher;
13.6.1.2. Contractor's Monthly or Semi-monthly Payroll Summary by fund source (e.g.
MIECHV and State) describing reimbursed hours for each staff person paid under
the contract for that period, and
13.6.1.3. Documentation supporting all single expenses exceeding $5,000 by fund source
(e.g. MIECHV and State).
13.6.2. Payment is based upon approval of financial expenditures using the billing submission
procedure outlined in this contract, with the total payment not to exceed what is set forth in
Exhibit B Budget.
13.6.3. In -Depth Financial Review: DEL will conduct an in-depth financial review annually of
Contractor's expenditures charged to the contract. In preparation for the Annual Site Visit,
Contractor agrees to provide, upon request, the financial documents listed below. Based
upon this review, if questions arise, DEL may request additional data and documentation.
13.6.3.1. Contractor's most recent Annual Financial Audit/A-133 Audit;
13.6.3.2. Contractor's most recently submitted IRS Form 990;
13.6.3.3. At least one month, with the month specified by DEL, General Ledger detail for
Substantiation Testing;
13.6.3.4. Detailed financial documentation including specified payroll/timesheets, travel,
and major expense documentation upon request;
13.6.3.5. Other financial documentation and information, to be determined.
14. Publicity, Publication and Acknowledgements
14.1. DEL may include information on this Contract in their periodic public reports and may make
information about this Contract public at any time in their web pages and as part of press
releases, public reports, speeches, newsletters, and other public documents related to the
Contract or the HVSA. DEL is obligated to Washington State public disclosure law (RCW 42.56)
and to comply with regulations set forth in HIPAA and FERPA.
14.1.1. If Contractor wishes to issue a press release or public report announcing this contract, or
otherwise use DEL's name or logo for purposes related to this Contract, Contractor agrees to
contact the DEL Contract Manager, identified on page 1 of this Contract at least five (5)
business days before the desired announcement or publication date to obtain advanced
approval.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 17 of 35
14.1.2. Contractor also agrees to include the name and logo of DEL and that the project is funded
through the State of Washington, Washington Department of Early Learning Home Visiting
Services Account in such media related to the project.
14.1.3. Contractor agrees to include that the project is funded through the US Department of Health
and Human Services, Health Services and Resources Administration grant # X10MC29510 in
such media related to the Contract.
15. Contract Reporting, Monitoring, and Deliverables
15.1. The most current version of the following implementation elements and contractor requirements
are further detailed in the HVSA Implementation Policies and Procedures Manual online at
www.del.wa.gov\homevisiting. DEL will advise Contractor when updates to this manual are made at
least 10 (ten) business days prior to their taking effect. Any mention of quarters one through four
referenced in this document are defined as:
15.1.1. Quarter 1 —July 1, 2017 to September 30,2017
15.1.2. Quarter 2 — October 1, 2017 to December 31, 2017
15.2. Reporting: Contractor agrees to submit program and expense reports, as well as perform all other
requirements outlined in this Statement of Work, on or before the dates indicated in Exhibit D. Due
dates may be adjusted atthe discretion and approval of the DEL Contract Manager to
accommodate the variable reporting structures associated with federal funding requirements. DEL
reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data
provided in Program Reports, Financial Activity Reports, or any other reports submitted to DEL
with respect to the Contract.
15.2.1. While this contract funding ends December 31, 2017, deliverables describing services
rendered in the months of the contract term will be due no later than January 31, 2018 and
will be submitted at no additional cost to DEL.
15.3. Monitoring: As described in Attachment 3, throughout the term of this contract, DEL will monitor
compliance with contract requirements, model standing, progress toward completion of
deliverables, enrollment performance, and financial activity through review of submitted reports,
monthly phone calls, and meetings with Contractor.
15.3.1. Contractor agrees to participate in at least one monitoring site visit on a mutually agreed
upon date.
15.3.2. If DEL (a) encounters non-compliance with the terms outlined in this contract on the part of
Contractor, or (b) is not satisfied, in its sole discretion, with the quality of Contractor's work,
DEL will follow to make a reasonable attempt to assist Contractor with technical assistance to
resolve issues that impede quality and compliance. In the event that compliance and/or
quality issues are not resolved through standard technical assistance, Contractor will be
engaged in corrective action through Implementation Improvement processes, as outlined in
Attachment 3.
15.4. Summary Deliverables and Timelines
15.4.1. Monthly Reports: Contractor will submit Monthly Enrollment Data Reports no later than the
25th day following the month of service outlined in Attachment 6 and available at
www.del.wa.gov\homevisiting.
15.4.2. At least monthly A-19 Invoice, accompanied by financial documentation detailed in Section
13.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 18 of 35
15.4.3. Quarterly Reports: Contractor will submit two (2) Quarterly Progress Reports no later than 30
days following the end of each quarter outlined in Attachment 7 and available at
www.del.wa.govlhomevisiting.
15.4.4. Annual Pre -Contract Questionnaire. Contractor agrees to complete and submit the HVSA
Pre -Contract Questionnaire with the Q3 Report, detailing organizational summary, a program
implementation plan and a budget for the subsequent contract year. The Pre -Contract
Questionnaire Template will be available at www.del.wa.gov\homevisiting.
15.4.5. Table of Deliverables and Timelines. Exhibit D outlines the reporting timeline and deliverables
presented in this statement of work according to their timeline. Some deliverables associated
with this contract, including the HVSA Semi -Annual Statewide Meetings and Supervisor
Meetings are not included in this table as the dates of these events will be determined after
contract execution.
•
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 19 of 35
Washington State Department of
i Early 1.earningg
Exhibit B - BUDGET
DEL Contract Number: 18-1048
Contractor Contract Number:
Title: Home Visiting Services Account:
Nurse Family Partnership (NFP)
State Fiscal_Year 2018 (July_,12017=--June30 2018):
Payment Point
1. MIECHV- Personnel
2. STATE- Personnel
3. MIECHV- Goods and
Services
4. STATE- Goods and
Services
5. MIECHV- Travel
6. MIECHV- Contracted/
Professional Services
7. STATE- Contracted/
Professional Services
8. MIECHV-
Administrative/ Indirect
Charges
9. STATE -
Administrative/ Indirect
Charges
FEDERAL. FUNDING
Budget Limit Note
$48,474.00
$34,806.50
$2,475.75
$4,458.00
$1,700.00
$1,000.00
$2,000.00
$5,349.00
$3,947.50
Total: $104,210.75
Contract Maximum: $104,210.75
Contract Funding Source(s)
Federal Funds
State Funds
$58,998.75
$45,212.00
A portion or all of the funds for this project are provided through the federal funding source(s) listed below. For
the purposes of this Contract, DEL is the pass through entity and Contractor is the Subrecipient. These federal
funds are considered sub -awards.
Contractor Data Universal Number System (DUNS) #: 069580751
DEL federal award contact hannah.le@del.wa.gov
Federal Funding Source(s):
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 20 of 35
Federal Agency: Health and Hunan Services
Catalog of Federal Domestic Assistance (CFDA) #: 93.870
Federal Award Identification Numher: 16X10MC29510
Federal Award Date: 04/01/2016
Federal Award Project Description: Affordable Care Act (ACA) Maternal, Infant, and Early Childhood
Home Visiting Program
Amount passed through to contract 18-1048: $58,998.75
Contractor Indirect Cost Rate: 10.00% of de minimus base: MTDC, as defined by 2 CFR 200.414 (f)
This funding is not for Research and Development
FEDERAL FUNDING REQUIREMENTS
1. This Contract is funded, in whole or in part, with federal funds, the Contractor makes the assurances and
Certifications, and agrees to the terms and conditions contained in Federal Certifications and Assurances.
2. Covenant Against Contingent Fees. This Contract is funded, in whole or in part, with federal funds, the
Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this
Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee,
excepting bona fide employees or bona fide established agents maintained by the Contractor for securing
business. DEL shall have the right, in the event of breach of this clause by the Contractor, to annul this
Contract without liability or, in its discretion, to deduct from the Contract price or consideration or recover
by other means the full amount of such commission, percentage, brokerage or contingent fee.
3. Single Audit Requirements. The Contractor is a subrecipient of federal awards as defined by Office of
Management and Budget (OMB) 2 code of Federal Regulations C.F.R. 200, the Contractor shall maintain
records that identify all federal funds received and expended. Such funds shall be identified by the
appropriate OMB Catalog of Federal Domestic Assistance (CFDA) Numbers. The Contractor shall make
the Contractor's records available for review or audit by officials of the federal awarding agency, the
General Accounting Office, DEL, and the Washington State Auditor's Office. The Contractor shall
incorporate OMB 2 C.F.R. 200 audit requirements into all contracts between the Contractor and its
Subcontractors who are subrecipients. The Contractor shall comply with any future amendments to OMB 2
C.F.R. 200 and any successor or replacement Circular or regulation.
4. If the Contractor expends $750,000 or more in federal awards from any and/or all sources in any fiscal
year ending after December 26, 2014, the Contractor shall procure and pay for a single or program -
specific audit for that year. The contractor must provide a copy of the final audit report to the Federal Audit
Clearinghouse within nine months of the end of the contractor's fiscal year, unless a longer period is
agreed to in advance by the federal agency identified in this section. The Contractor must permit DEL and
auditors access to Contractor's records and financial statements as necessary for DEL to meet federal
requirements.
5. DEL may suspend all reimbursements if the contractor fails to timely provide a single federal audit; further
DEL reserves the right to suspend any DEL agreements with the contractor if such noncompliance is not
promptly cured.
6. Certification of cost allocation plan or indirect (facilities & administrative (F&A)) cost rate proposal. Each
cost allocation plan or indirect (F&A) cost rate proposal must comply with the following:
a. A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a
Federal cognizant agency for indirect costs or maintained on file by the non -Federal entity, must be
certified by the non -Federal entity using the Certificate of Cost Allocation Plan or Certificate of
Indirect Costs as set forth in Appendices III through VII, and Appendix IX. The certificate must be
signed on behalf of the non -Federal entity by an individual at a level no lower than vice president or
chief financial officer of the non -Federal entity that submits the proposal.
b. Unless the non -Federal entity has elected the option under OMB 2 C.F.R. §200.414 Indirect (F&A)
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 21 of 35
costs, paragraph (f), the Federal Government may either disallow all indirect (F&A) costs or
unilaterally establish such a plan or rate when the non -Federal entity fails to submit a certified
proposal for establishing such a plan or rate in accordance with the requirements. Such a plan or rate
may be based upon audited historical data or such other data that have been furnished to the
cognizant agency for indirect costs and for which it can be demonstrated that all unallowable costs
have been excluded. When a cost allocation plan or indirect cost rate is unilaterally established by
the Federal Government because the non -Federal entity failed to submit a certified proposal, the plan
or rate established will be set to ensure that potentially unallowable costs will not be reimbursed.
7 Certifications by non-profit organizations as appropriate that they did not meet the definition of a major
nonprofit organization as defined in OMB 2 C F.R. §200.414 Indirect (F&A) costs, paragraph (a).
8. See also OMB 2 C.F.R. §200.450 Lobbying for another required certification.
Contract Number: 18-1048
Printed Date: 9/5/2017 Page 22 of 35
Washington State Department of
Early Learning
DEL Contract Number: 18-1048
Contractor Contract Number:
Title: Horne Visiting Services Account: Nurse
Family Partnership (NFP)
Exhibit C GENERAL TERMS AND CONDITIONS
1. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
2. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred, delegated, or assigned
by the Contractor without prior written consent of DEL.
3. ATTORNEY'S FEES
In the event of litigation or other action brought to enforce this Contract, each party agrees to bear its own
attorney fees and costs.
4. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND INELIGIBILITY
If federal funds are the basis for this Agreement, the Contractor certifies that neither it nor its principals are
debarred, suspended, proposed for debarment, or voluntarily excluded from participation in transactions by
any federal department or agency. The Contractor further certifies that they will ensure that potential
subcontractors or subrecipients or any of their principals are not debarred, suspended, proposed for
debarment, or voluntarily excluded from participation in "covered transactions" by any federal department or
agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -
procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000,
and sub -awards to subrecipients for any amount. The Contractor may do so by obtaining a certification
statement from the potential subcontractor or subrecipient or by checking the "List of Parties Excluded from
Federal Procurement and Non -Procurement Programs" provided on-line by the General Services
Administration.
5. CHOICE OF LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The
venue of any action brought under this Contract shall be in the Superior Court for Thurston County.
6. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS
6.1. Assurances
The Contractor agrees that all activity pursuant to this Contract will be in accordance with all applicable
current federal, state and local laws, rules, and regulations, including but not limited to the Public Records
Act (chapter 42.56 RCW), the Freedom of Information Act (5 U.S.C. 522) and the Records Retention Act
(chapter 40.14 RCW).
6.2. Child Health, Safety, And Well Being And Child Abuse Or Neglect
In the delivery of services under this Contract, children's health, safety, and well-being shall always be
the primary concern of the Contractor. Contractors shall fully comply with the mandatory reporting
requirements of RCW 26.44.030 pertaining to child abuse or neglect. In addition, pursuant this Contract,
when the Contractor has reasonable cause to believe that a child has suffered abuse or neglect at the
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hands of any person, the Contractor shall immediately report such incident to Child Protective Services
(CPS) Intake at 1-866-ENDHARM.
6.3.Civil Rights Laws
6.3.1.During the performance of this Contract the parties shall comply with all federal and state
nondiscrimination laws including, but not limited to chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. § 12101 et seq., the Americans with Disabilities Act (ADA).
6.3.2.In the event of the Contractor's or its subcontractors' noncompliance or refusal to comply with any
nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated
in whole or in part, and the Contractor may be declared ineligible for further contracts with the DEL.
The Contractor shall, however, be given a reasonable time in which to remedy this noncompliance.
Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.
6.4. Conflict of Interest
6.4.1.Notwithstanding any determination by the Executive Ethics Board or other tribunal, the DEL may, in
its sole discretion, by written notice to the Contractor terminate this Contract if it is found after due
notice and examination by the DEL that there is a violation of the Ethics in Public Service Act,
Chapter 42.52 RCW, or any similar statute involving the Contractor in the procurement of, or
performance under, this Contract.
6.4.2.In the event this Contract is terminated as provided above, the DEL shall be entitled to pursue the
same remedies against the Contractor as it could pursue in the event of a breach of the contract by
the Contractor. The rights and remedies of the DEL provided for in this clause shall not be exclusive
and are in addition to any other rights and remedies provided by law. The existence of facts upon
which the DEL makes any determination under this clause shall be an issue and may be reviewed
as provided in the "Disputes" clause of this Contract.
6.5. Licensing, Accreditation and Registration
The Contractor and its subcontractors shall comply with all applicable local, state, and federal licensing,
accreditation and registration requirements/standards necessary for the performance of this Contract.
7. DATA SHARE AND PROTECTION OF CONFIDENTIAL INFORMATION
7.1. Scope of Protection
This Section (Section 7) applies to data, information, or materials related to the subject matter of this
Contract which is received, created, developed, revised, modified, or amended by the DEL, the
Contractor, or subcontractors. Such data, information, and materials shall include but is not limited to all
confidential information.
7.2. Use of Confidential Information
7.2.1.For data and confidential information collected, used, or acquired in connection with this Contract
the parties shall comply with the following'
7.2.1.1. All federal and state laws and regulations, as currently enacted or revised, regarding
data and confidential information protection, security; and
7.2.1.2. All federal and state laws and regulations, as currently enacted or revised, regarding the
use, disclosure, modification or loss of data and confidential information.
7.2.2.The DEL does not warrant or guarantee the accuracy of the data or confidential information
provided pursuant to this Contract. The Contractor understands all the risks and liabilities of the
use and misuse of the information provided pursuant to this Contract.
7.3.Confidentiality Protection
7.3.1.To safeguard the confidentiality of all confidential information and in addition to the requirements
contained in this Section (Section 7) the Contractor must:
7.3.1.1. Ensure that the Contractor, the Contractor's staff, subcontractors, and the
subcontractors' staff use confidential information solely for the purposes of accomplishing
the services set forth in this Contract.
7.3.1.2. Limit access to confidential information to the Contractor's staff and subcontractors' staff
requiring access for performance of their assigned duties.
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7.3.2.Require all Contractor's staff and subcontractors' staff with access to confidential information to sign
a Statement of Confidentiality and Non -Disclosure Agreement consistent with Attachment 2
Statement of Conficientiality and Non -Disclosure agreement.
7.3.3.Require the Contractor will maintain records of the statement of confidentiality and non -disclosure
agreements with signatures from all applicable staff. These records will be made available to DEL
upon request.
7.3.4.Notify its staff person(s) and ensure its subcontractors notify the subcontractors' staff person(s) of
the requirements of Section 6.1 (Assurances), and this Section (Section 7).
7.3.5.Ensure that personal information is not released, disclosed, published, modified, transferred, sold,
or otherwise made known to unauthorized persons without the prior written consent of the
individual named or as otherwise authorized by law.
7.3.6.Ensure that confidential information is protected from Toss and from unauthorized physical or
electronic access.
7.3.7.Destroy all confidential information so that it cannot be accessed by unauthorized individuals and
cannot be recovered when the confidential information is no longer used for providing services
under this Contract, and retention is no longer required by the Records Retention Act (chapter 40.14
RCV1/) or Section 26 (Records Maintenance), whichever is longer. Unless the Washington State
Office of the Chief Information Officer IT Standards require a different method for the destruction of
confidential information, confidential information required to be destroyed under this section must be
destroyed as follows:
7.3.7.1. For paper documents containing data, but not confidential information, a contract with a
paper shredding firm is acceptable, provided the contract ensures that the confidentiality of the
data will be protected. Such documents may also be destroyed by on -site shredding, pulping,
or incineration.
7.3.7.2. For paper documents containing Confidential Information requiring special handling (e.g.
Protected Client Information) the documents must be destroyed by on -site shredding, pulping,
or incineration.
7.3.7.3. If data or confidential information has been contained on optical discs (e.g. CDs or
DVDs), the Contractor shall either destroy by incineration the disc(s), shredding the discs, or
completely deface the readable surface with a coarse abrasive.
7.3.7.4. If data or confidential information has been stored on magnetic tape(s), the Contractor
shall destroy the data or confidential information by degaussing, incinerating or crosscut
shredding.
7.3.7.5. If data or confidential information has been stored on server or workstation data hard
drives or similar media, the Contractor shall destroy the data or confidential information by
using a 'wipe" utility which will overwrite the data or confidential information at least three (3)
times using either random or single character data, degaussing sufficiently to ensure that the
data or confidential information cannot be reconstructed, or physically destroying disk(s).
7.3.7.6. If data or confidential information has been stored on removable media (e.g. floppies,
USB flash drives, portable hard disks, or similar disks), the data recipient shall destroy the
data or confidential information by using a "wipe" utility which will overwrite the data or
confidential information at least three (3) times using either random or single character data,
degaussing sufficiently to ensure that the data or confidential information cannot be
reconstructed, or physically destroying disk(s).
7.3.8.Within fifteen calendar days after the completion of the requirements contained in Section 7.3.6 the
Contractor shall complete and deliver to the DEL a signed Certification of Data Disposition
(Attachment 1).
7.3.9.Paper records must be protected by storing the records in a secure area which is only accessible to
authorized personnel. When not in use, such records must be stored in a locked container, such as
a file cabinet, locking drawer, or safe, to which only authorized persons have access.
7.3.10. Shall immediately notify the DEL after becoming aware of any potential, suspected, attempted
or actual breaches of security including, but not limited to, unauthorized access, use or
disclosure. The Contractor shall take all necessary steps to mitigate the harmful effects of such
breach of security. The Contractor agrees to defend, protect and hold harmless the DEL for any
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damages related to a breach of security by their officers, directors, employees, subcontractors or
agents.
7.4. Confidentiality Breach
In the event of a breach by the Contractor of this Section (Section 7 and in addition to all other
rights and remedies available to the DEL, the DEL may elect to do any of the following:
7.4.1.Terminate the Contract;
7.4.2.Require that the Contractor return all confidential information to the DEL that was previously
provided to the Contractor by the DEL;
7.4.3.Require that the Contractor destroy all confidential information so it cannot be accessed by
unauthorized individuals and cannot be recovered; or
7.4.4.Suspend the Contractor's on-line access to accounts and other information.
7.5. Public Disclosure
7.5.1.Either party to this Contract may designate certain Confidential Information as "Confidential
Information/Notice Requested." This designation shall be made by clearly stamping, watermarking,
or otherwise marking each page of the Confidential Information. The party who owns the data
is responsible for informing the other pa r t y what it considers confidential.
7.5.2.If a third party requestor seeks information that has been marked "Confidential Information/Notice
Requested," notice shall be given to the marking party prior to release of the information. Such
notice shall be provided to the program contact no less than five business days prior to the date of
the disclosure, to allow the party objecting to disclosure to seek a protective order from the proper
tribunal.
7.6.Access to Data
7.6.1.In compliance with RCW 39.26.180, the Contractor shall provide access to data generated under
this Contract to DEL, the Joint Legislative Audit and Review Committee, and the State Auditor at no
additional cost. This includes, but is not limited to, access to all information that supports the
findings, conclusions and recommendations of the Contractor's reports, including computer models
and methodology for those models.
7.7. Definitions
As used throughout this Contract, the following terms shall have the meanings set forth below:
7.7.1."Confidential Information" means information that may be exempt from disclosure under either
chapter 42.56 RCW or other state or federal statutes. Confidential Information includes, but is not
limited to, personal information, agency source code or object code, and agency security data.
7.7.2."Converted Data' means the data which has been successfully converted by the Contractor for
processing by the DEL's computer system.
7.7.3."Data" means the DEL's records, files, forms, data, information and other documents in electronic or
hard copy form, including but not limited to Converted Data.
7.7.4."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, e-mail addresses, credit card information, law enforcement records or other
identifying numbers or Protected Health Information, any financial identifiers, and other information
that may be exempt from disclosure under either chapter 42.56 RCW or other state and federal
statutes.
7.8. Licensing, Accreditation and Registration
The Contractor and its subcontractors shall comply with all applicable local, state, and federal licensing,
accreditation and registration requirements/standards necessary for the performance of this Contract.
7.9. Noncompliance with Laws, Regulations, or Policies
The Contractor shall be responsible for and shall pay any fines, penalties, or disallowances imposed on
the State or Contractor arising from any noncompliance with the laws, regulations, policies, guidelines
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and Collective Bargaining Agreements that affect the Services or Deliverables that are to be provided or
that have been provided by Contractor, its Subcontractors or agents.
7.10 Registration with Department of Revenue and Payment of Taxes
The Contractor must pay all taxes including, but not limited to, sales and use taxes, Business &
Occupation taxes, other taxes based on the Contractor's income or gross receipts, or personal property
taxes levied or assessed on the Contractor's personal property. The 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.
CONTINUED PERFORMANCE
If the DEL, in good faith, has reason to believe that Contractor does not intend to, or is unable to perform or
has refused to perform or continue performing all material obligations under this Contract, the DEL may
demand in writing that Contractor give a written assurance of intent to perform. Failure by Contractor to
provide written assurance within the number of days specified in the demand (in no event less than five
business days) may, at the DEL's option, be the basis for terminating this Contract under the terms and
conditions or other rights and remedies available by law or provided by this Contract.
9. COPYRIGHT
10.1 Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by the DEL. The DEL shall be considered the
author of such Materials. In the event the Materials- are not considered "works for hire," under the U.S.
Copyright Laws, the Contractor hereby irrevocably assigns all right, title, and interest in Materials,
including all intellectual property rights, to the DEL effective from the moment of creation of such Materials.
10.2 "Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer
these rights.
10. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that
of its Subcontractors.
11. DISPUTES
In the event that a dispute arises under this Contract, it shall be determined by a Dispute Board in the
following manner: Each party to this Contract shall appoint one member to the Dispute Board. The members
so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall
evaluate the facts, Contract terms, applicable statutes and rules, and make a determination of the dispute.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding concerning the
Contract. The Dispute Board shall precede any action in judicial or quasi-judicial tribunal. The cost of
resolution will be borne as allocated by the Dispute Board.
12. DUPLICATE PAYMENT
DEL shall not pay the Contractor if the Contractor has charged or will charge the State of Washington, or any
other party under any other contract or agreement, for the same services or expenses.
13. ENTIRE CONTRACT
This Contract, including referenced exhibits, represents all the terms and conditions agreed upon by the
parties. No other statements or representations, written or oral, shall be deemed a part hereof or to bind any
of the parties to this Contract.
14. EXPENSES
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All expenses not provided for specifically in this Contract shall be the responsibility of the Contractor unless
otherwise mutually agreed upon by the parties.
15. FEDERAL FUNDING REQUIREMENTS
15.1. Covenant Against Contingent Fees. If this Contract is funded, in whole or in part, with federal
funds, the Contractor warrants that no person or selling agent has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Contractor for securing business. DEL shall have the right, in the event of breach of this clause by the
Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or
consideration or recover by other means the full amount of such commission, percentage, brokerage or
contingent fee.
15.2. Single Audit Requirements. If the Contractor is a subrecipient of federal awards as defined by
Office of Management and Budget (OMB) 2 Code of Federal Regulations C.F.R. §200, the Contractor
shall maintain records that identify all federal funds received and expended. Such funds shall be
identified by the appropriate OMB Catalog of Federal Domestic Assistance (CFDA) Numbers. The
Contractor shall make the Contractor's records available for review or audit by officials of the federal
awarding agency, the General Accounting Office, DEL, and the Washington State Auditor's Office. The
Contractor shall incorporate OMB 2 C.F.R. §200 audit requirements into all contracts between the
Contractor and its Subcontractors who are subrecipients. The Contractor shall comply with any future
amendments to OMB 2 C.F.R. §200 and any successor or replacement Circular or regulation.
15.3. If the Contractor expends $750,000 or more in federal awards from any and/or all sources in any
fiscal year ending after December 26, 2014, the Contractor shall procure and pay for a single or
program -specific audit for that year. Upon completion of each audit, the Contractor shall submit to DEL's
Contract Manager the data collection form and reporting package specified in OMB 2 C.F.R. §200, and
any reports required by the program -specific audit guide (if applicable).
15.4. Certification of cost allocation plan or indirect (facilities & administrative (F&A)) cost rate proposal.
Each cost allocation plan or indirect (F&A) cost rate proposal must comply with the following:
15.4.1. A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to
a Federal cognizant agency for indirect costs or maintained on file by the non -Federal entity, must
be certified by the non -Federal entity using the Certificate of Cost Allocation Plan or Certificate of
Indirect Costs as set forth in Appendices III through VII, and Appendix IX. The certificate must be
signed on behalf of the non -Federal entity by an individual at a level no lower than vice president or
chief financial officer of the non -Federal entity that submits the proposal.
15.4.2 Unless the non -Federal entity has elected the option under OMB 2 C.F.R. §200.414 Indirect
(F&A) costs, paragraph (f), the Federal Government may either disallow all indirect (F&A) costs or
unilaterally establish such a plan or rate when the non -Federal entity fails to submit a certified
proposal for establishing such a plan or rate in accordance with the requirements. Such a plan or
rate may be based upon audited historical data or such other data that have been furnished to the
cognizant agency for indirect costs and for which it can be demonstrated that all unallowable costs
have been excluded. When a cost allocation plan or indirect cost rate is unilaterally established by
the Federal Government because the non -Federal entity failed to submit a certified proposal, the
plan or rate established will be set to ensure that potentially unallowable costs will not be
reimbursed.
15.5. Certifications by non-profit organizations as appropriate that they did not meet the definition of a
major nonprofit organization as defined in OMB 2 C.F.R. §200.414 Indirect (F&A) costs, paragraph (a).
15.6. See also OMB 2 C.F.R. §200.450 Lobbying for another required certification.
16. FUNDING CONTINGENCY
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16.1. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to completion of the work in this Contract, the DEL
may
16.1.1. Terminate this Contract with ten (10) days advance notice. If this Contract is terminated, the
parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Contract prior to the effective date of termination;
16.1.2. Renegotiate the terms of the Contract under the new funding limitations and conditions;
16.1.3. After a review of project expenditures and deliverable status, extend the end date of this Contract
and postpone deliverables or portions of deliverables; or
16.1.4. Pursue such other alternatives as the parties mutually agree to in writing.
17. HEADINGS
The headings throughout this Contract are for reference purposes only, and the words contained therein shall
in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the
provisions of this Contract.
18. INDEMNIFICATION
18.1. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless
State, agencies of State and all officials, agents and employees of State, from and against all claims for
injuries or death arising out of or resulting from the performance of the Contract. Contractor's obligation
to indemnify, defend, and hold harmless includes any claim by Contractors' agents, employees,
representatives, or any subcontractor or its employees.
18.2. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim
arising out of or incident to Contractor's or any subcontractor's performance or failure to perform under
the Contract. The Contractor shall be required to indemnify, defend, and hold harmless the State only to
the extent claim is caused in whole or in part by negligent acts or omissions of Contractor.
18.3. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless State and its agencies, officials, agents or employees.
19. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Contract shall continue to
be employees or agents of that party and shall not be considered for any purpose to be employees or agents
of the other party
20. INSURANCE
21.1 Insurance Required
If the Contractor is currently covered under an insurance risk pool. Sections 21.5, 21.6, and 21.7 shall
only apply if the Contractor terminates coverage under the insurance risk pool and obtains a different form
of insurance consistent with this section (Section 21). The Contractor shall provide insurance coverage as
set out in this section. The intent of the required insurance is to protect DEL should there be any
claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or
omission of the Contractor or Subcontractors, or agents of either, while performing under the terms of this
Contract.
21.2 Eligible Insurance Companies
The insurance required by this Contract shall be issued by an insurance company/ies authorized to
do business within the state of Washington and have a rating of A-, Class VII or better in the most
recently published edition of Best's Reports. Any exception shall be reviewed and approved by the DEL
Risk Manager, or the Risk Manager for the State of Washington, before the contract is accepted
21.3 Cancellation
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The Contractor shall instruct the insurers to give DEL thirty (30) calendar days advance written notice
of any insurance cancellation or non -renewal.
21.4 Certificate of Insurance
The Contractor shall submit to the DEL within fifteen (15) calendar days of the Contract effective
date, a certificate of insurance that outlines the coverage and limits defined in the Insurance section,
herein. The Contractor shall submit renewal certificates as appropriate during the term of the
Contract.
21.5 Subcontractors
Subject to Section 21.1, the Contractor shall include all subcontractors as insureds under all
required insurance policies, or shall furnish separate certificates of insurance and endorsements for
each subcontractor Subcontractor(s) must comply fully with all insurance requirements stated
herein. Failure of subcontractor(s) to comply with insurance requirements does not limit the
Contractor's liability or responsibility.
21.6 Additional Insured
Subject to Section 21.1, the State of Washington, DEL, its elected and appointed officials, agents
and employees shall be named as an additional insured on all general liability, excess, umbrella
and property insurance policies.
21.7 Primary Insurance
Subject to Section 21.1, all insurance provided in compliance with this Contract shall be primary to
any other valid and collectable insurance or self-insurance programs afforded to or maintained by the
State of Washington.
21.8 Insurance Coverage Limits
By requiring insurance herein, DEL does not represent that coverage and limits will be adequate
to protect the Contractor, and such coverage and limits shall not limit the Contractor's liability
under the indemnities and reimbursements granted to DEL in this Contract.
21.9 The Contractor shall provide insurance coverage, which shall be maintained in full force and effect during
the term of this Contract, as follows:
21.9.1 Commercial General Liability Insurance Policy. The Contractor shall maintain Commercial
General Liability ("CGL") Insurance, including contractual liability, and, if necessary, commercial
umbrella insurance with a limit of not less than $2,000,000 per each occurrence. If such CGL
Insurance contains aggregate limits, the general aggregate limit shall be at least twice the 'each
occurrence" limit.
21.9.2 Automobile Liability Policy. In the event that services delivered pursuant to this Contract
involve the use of vehicles, either owned or unowned by the Contractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per accident,
using a Combined Single Limit for bodily injury and property damage.
21.9.3 Professional Liability Policy. If services delivered pursuant to this Contract, either directly or
indirectly, involve or require providing professional services, than professional liability insurance
shall be required. Such coverage shall cover injury or loss resulting from the Contractor's
rendering of or failing to render professional services and shall be no less than $1,000,000 per
incident, loss, or person, as applicable. If defense costs are paid within the limit of liability, the
Contractor shall maintain limits of $2,000,000 per incident, loss, or person, as applicable. If the
policy contains a general aggregate or policy limit, it shall be at least two times the incident, loss or
per person limit. If professional liability insurance is written on a 'claims made" basis, the policy
shall provide full coverage for prior acts or include a retroactive date that precedes the effective
date of this Contract. The Contractor is required to buy professional liability insurance for a period
of 24 months after completion of this Contract. This requirement may be satisfied by the continuous
purchase of commercial insurance or an extended reporting period.
21.9.4 Industrial Insurance Policy. The Contractor shall comply with the provisions of Title 51 RCW
(Industrial Insurance). If the Contractor fails to provide industrial insurance coverage to statutory
limits or fails to pay premiums or penalties on behalf of its employees as may be required by
law, DEL may collect from the Contractor the full amount payable to the Industrial Insurance
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accident fund. DEL may deduct the amount owed by the Contractor to the accident fund from the
amount payable to the Contractor by DEL 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&I's right to collect from the Contractor.
21.9.5 Employers Liability ("Stop Gap") Insurance. The Contractor shall buy employers liability
insurance with limits of not less than $1,000,000 each accident for bodily injury by accident or
$1 ,000,000 each employee for bodily injury caused by disease.
21. MONITORING
21.1. DEL has the right to monitor and evaluate performance, compliance, and quality assurance under
this Contract. The Contractor shall provide a right of access to its facilities to DEL, personnel authorized
by DEL, or to any other authorized agent or official of the State of Washington or the federal government
at all reasonable times in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Contract.
21.2. Monitoring activities may include, but are not limited to:
21.2.1. Review of deliverables listed in Exhibit A Statement of Work.
21.2.2. Intensive on -site program reviews to monitor Contract compliance, scheduled in advance with the
Contractor.
21.2.3. Site visits to review records, observe implementation of services or follow up on compliance
issues. These visits may be unannounced.
21.2.4. Review of the Contractor's compliance with Section 11 Confidentiality of Personal Information.
22. NEUTRAL AUTHORSHIP
Each of the provisions of this Contract has been reviewed and negotiated, and represents the combined work
product of both parties hereto. No presumption or other rules of construction which would interpret the
provisions of this Contract in favor of or against the party preparing the same shall be applicable in connection
with the construction or interpretation of any of the provisions of this Contract.
23. ORDER OF PRECEDENCE
23.1. In the event of an inconsistency in the terms of this Contract, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
23.1.1. Applicable Federal statutes, regulations, and policies;
23.1.2. Applicable State of Washington statutes and regulations;
23.1.3. Terms and Conditions as contained in this basic Contract instrument but not contained in exhibit
A, exhibit B, exhibit C, or exhibit E of this Contract;
23.1.4. Exhibit C: General Terms And Conditions;
23.1.5. Exhibit B: Budget;
23.1.6. Exhibit A: Statement of Work;
23.1.7. Exhibit D ECEAP Deliverables Calendar
23.1.8. Exhibit D ECEAP Performance Standards; and
23.1.9. Any other exhibit or attachment, provision, term or material incorporated herein by reference or
otherwise.
24. PUBLICITY
24.1. The award of this Contract to Contractor is not in any way an endorsement of Contractor or
Contractor's Services by DEL and shall not be so construed by Contractor in any advertising or publicity
materials.
24.2. All publications funded, in whole or in part, under this Contract will use the DEL logo and will
acknowledge credit as either providing "funding in partnership with" or "funded by the DEL. The full -color
or black -and -white DEL logo, provided by the DEL Contract Manager, shall appear in its entirety, without
modification.
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25. RECAPTURE
25.1. In the event that the Contractor fails to expend funds under this contract in accordance with state
laws and/or the provisions of this contract, the DEL reserves the right to recapture state funds in an
amount equivalent to the extent of the noncompliance in addition to any other remedies available at law
or in equity.
25.2. Such right of recapture shall exist for a period not to exceed six years following contract
termination. Repayment by the Contractor of funds under this recapture provision shall occur within 30
days of demand. In the event that the DEL is required to institute legal proceedings to enforce the
recapture provision, the DEL shall be entitled to its costs thereof.
26. RECORDS MAINTENANCE
26.1 The Contractor shall maintain all books, records, documents, data and other evidence relating to
this Contract and performance of the services described herein, including but 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. Contractor shall retain such records for a period of six
years following the date of final payment. At no additional cost, these records, including materials
generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the
DEL, personnel duly authorized by the DEL, the Office of the State Auditor, and federal and state officials
so authorized by law, regulation or agreement.
26.2 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.
27. REMEDIES
Except for remedies designated specifically as exclusive, no remedy conferred by any of the specific
provisions of this Contract is intended to be exclusive of any other remedy, and each and every remedy shall
be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law
or in equity or by statute or otherwise. The election of any one or more remedies by either party shall not
constitute a waiver of the right to pursue other available remedies.
28. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without
the invalid provision, and to this end the provisions of this Contract are declared to be severable.
29. SITE SECURITY
While on the DEL's premises, the Contractor, its agents, employees, or subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
30. SUBCONTRACTING
30.1. As used throughout this Contract, the following terms shall have the meanings set forth below:
30.1.1. "Subcontractor" means. one not in the employment of a party to this Contract, who is performing
all or part of those services under this Contract under a separate contract with a party to this
Contract. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier, and the
subcontractors' directors, officers, employees, and agents.
30.1.2. "Staff' or "staff person" means the Contractor's subcontractors, directors, officers, employees,
and agents who provide goods or services on behalf of the Contractor. The term "staff" or "staff
person" also means the subcontractors' directors, officers, employees, and agents who provide
goods or services on behalf of the subcontractor and Contractor.
30.2. Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work
contemplated under this Contract without obtaining prior written approval of DEL. All subcontracts must
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be in writing and in effect before Subcontractor services begin. "Subcontractor" shall mean one who is
not employed by the Contractor, but who is performing all or part of those services under this Contract
under a separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" mean
Subcontractors in any tier. In no event shall the existence of the subcontract operate to release or
reduce the liability of the Contractor to DEL for any breach in the performance of the Contractor's duties.
The Contractor is responsible to DEL for the performance and monitoring of the Subcontractor to ensure
compliance with the terms, conditions, assurances, and certifications of this Contract. This clause does
not include contracts of employment between the Contractor and personnel assigned to work under this
Contract.
30.3. Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances, and
certifications set forth in this Contract are carried forward to any subcontracts.
31. TERMINATION FOR CAUSE
31.1. In the event DEL determines the Contractor is in default, DEL has the right to immediately
suspend or terminate this Contract. Before suspending or terminating the Contract, the DEL may, in
DEL's sole discretion, elect to notify the Contractor in writing of the need to take corrective action and
offer the Contractor the opportunity to take corrective action before the Contract is suspended or
terminated.
31.2. In the event of termination or suspension, the Contractor shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original Contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract
(e g., cost of the competitive bidding, mailing, advertising and staff time). DEL may also declare the
Contractor ineligible for further contracts with DEL.
31.3. DEL reserves the right to suspend all or part of the Contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of any alleged
breach, or during any pending corrective action by the Contractor or pending a decision by DEL to
terminate the Contract.
31.4. If it is later determined that: (1) the Contractor was not in default, or (2) Contractor's failure to
perform was outside the Contractor's control, fault, or negligence, the termination shall be considered a
Termination for Convenience.
31.5. The rights and remedies of DEL provided in this Contract are not exclusive and are in addition to
any other rights and remedies provided by law.
32. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, DEL may terminate this Contract, in whole or in part, by giving
the Contractor ten (10) calendar days written notice. Termination becomes effective thirty (30) _calendar days
from the second day after mailing the notice. If this Contract is so terminated, DEL shall be liable only for
payment required under the terms of this Contract for services rendered or goods delivered prior to the
effective date of termination.
33. TERMINATION PROCEDURE
33.1. Upon termination of this Contract, DEL, in addition to any other rights provided in this Contract, may
require the Contractor to deliver to DEL any property specifically produced or acquired for the performance
of such part of this Contract as has been terminated. The provisions of Section 34, the "Treatment of
Assets" clause, shall apply in such property transfer.
33.2. DEL shall pay to the Contractor the agreed upon price, if separately stated, for completed work
and services accepted by DEL, and the amount agreed upon by the Contractor and DEL for (i)
completed work and services for which no separate price is stated, (ii) partially completed work and
services, (iii) other property or services that are accepted by DEL, and (iv) the protection and
preservation of property, unless the termination is for default, in which case DEL shall determine the
extent of the liability of DEL.
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33.3. DEL may withhold from any amounts due the Contractor such sum as DEL determines to be
necessary to protect DEL against potential loss or liability arising from the Contractor's performance of
the Contract. The rights and remedies of DEL provided in this Section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Contract. •
33.4. After receipt of a notice of termination, and except as otherwise directed by DEL, the Contractor
shall:
33.4.1. Stop work under the Contract on the date, and to the extent specified, in the notice;
33.4.2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Contract that is not terminated;
33.4.3. Assign to DEL, in the manner, at the times, and to the extent directed by DEL, all of the rights,
title, and interest of the Contractor under the orders and subcontracts so terminated, in which case
DEL has the right, at its discretion, to settle or pay any or all claims arising out of the termination of
such orders and subcontracts;
33.4.4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of DEL to the extent DEL may require, which approval
or ratification shall be final for all the purposes of this clause;
33.4.5. Transfer title to DEL and deliver in the manner, at the times, and to the extent directed by DEL
any property which, if the Contract had been completed, would have been required to be furnished
to DEL;
33.4.6. Complete performance of such part of the work as shall not have been terminated by DEL; and
33.4.7. Take such action as may be necessary, or as DEL may direct, for the protection and preservation
of the property related to this Contract, which is in the possession of the Contractor and in which
DEL has or may acquire an interest.
34. TREATMENT OF ASSETS
34.1. Title to all property furnished by DEL shall remain in DEL. Title to all property furnished by the
Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under
this Contract, shall pass to and vest in DEL upon delivery of such property by the Contractor. Title to
other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and
vest in DEL upon (i) issuance for use of such property in the performance of this Contract, or (ii)
commencement of use of such property in the performance of this contract, or (iii) reimbursement of the
cost thereof by DEL in whole or in part, whichever first occurs.
34.2. Any property of DEL furnished to the Contractor shall, unless otherwise provided herein or
approved by DEL, be used only for the performance of this Contract.
34.3. The Contractor shall be responsible for any Toss or damage to property of DEL that results from
the negligence of the Contractor or that results from the failure on the part of the Contractor to maintain
and administer that property in accordance with sound management practices.
34.4. If any DEL property is lost, destroyed, or damaged, the Contractor shall immediately notify DEL
and shall take all reasonable steps to protect the property from further damage.
34.5. The Contractor shall surrender to DEL all property of DEL prior to settlement upon completion,
termination, or cancellation of this Contract.
34.6. All reference to the Contractor under this clause shall also include the Contractor's employees,
agents, or Subcontractors.
35. WAIVER
Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach. Any
waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in
writing and signed by an authorized representative of DEL.
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36. WARRANTY
36.1. The CONTRACTOR warrants that all services performed pursuant to this Contract shall be
generally suitable for the use to which the DEL intends to use said services and deliveries as expressed
in Exhibit A.
36.2. In the performance of services under this Contract, the Contractor and its employees agree to
exercise the degree of skill and care required by customarily accepted good practices and procedures
followed by professionals/consultants rendering the same or similar type of service. All obligations and
services of the Contractor hereunder shall be performed diligently and completely according to such
professional standards.
36.3. If the Contractor intends to rely on information or data supplied by the DEL, other DEL contractors
or other generally reputable sources without independent verification, such intent shall be brought to the
attention of the DEL.
37. WITHHOLDING PAYMENTS
The DEL may withhold payment to the Contractor for any services/deliverables not performed as required
hereunder until such time as the Contractor modifies or delivers services/deliverables to the satisfaction of the
DEL.
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