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HomeMy WebLinkAboutCreative Solutions Counseling ML contract wfC u-u J • CONTRACT FOR PROFESSIONAL SERVICES • This Contract for Professional Services is entered into by Mason County, a municipal corporation, having its principal offices at 411 North 5th Street, Shelton, Washington, 98584 (the County) and Creative Solutions Counseling 1800 Cooper Pt. Rd.'SW#20B, Olympia, WA 98502 (the Contractor). SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on July 1, 2020 and terminate on June 30, 2021. In no event will the Contract become effective unless and until it is approved and executed by the Mason County Board of Commissioners. SECTION 2. SERVICES TO BE PROVIDED • 2.1 A description of the services to be performed by the Contractor is set forth in Exhibit A: Description of Services, which is attached to the Contract and incorporated by this reference. The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor or facilities will be furnished by the County. 2.2 The Contractor will perform the work specified in the Contract in accordance with standard industry practice. 2.3 The Contractor will complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.4 Time is of the essence in the performance of the Contract. 2.5 The Contractor will confer with Juvenile Court Services from time to time during the progress of work. The Contractor will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by Juvenile Court Services. 1 of 16 - SECTION 3. CONTRACT REPRESENTATIVES The County and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: County's Contract Representative James W. Madsen Mason County Juvenile Court Probation Department - P.O. Box 368 Shelton, WA 98584 Contractor's Contract Representative Dr. David Simonsen, Ph. D. LMFT 1800 Cooper Pt. Rd. SW#20B Olympia, WA 98502 SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Exhibit B: Compensation, which is attached to the Contract and incorporated by this reference. 4.2 Unless otherwise provided in the Contract,the Contractor may submit an invoice to the County once a month for payment of work actually completed to date. Subject to the other provisions of the Contract, the County generally will pay such an invoice within 30 days of receiving it. 4.3 The Contractor will be paid only for work expressly authorized in the Contract. 4.4 The Contractor will not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of- the Contract expressly provides otherwise. 4.5 If the Contractor fails to perform any substantial obligation and the failure has not been cured within 10 days following notice from the County,the County may, in its sole discretion and upon written notice to the.Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. For the purposes of this provision, "substantial" means faithfully fulfilling the terms and conditions of the Contract with variances only for technical or minor omissions or defects. 2of16 . SECTION 5. AMENDMENTS AND CHANGES IN WORK • 5.1 In order to be effective, any Contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract. Work under a renewal, an amendment or a modification may not commence until the renewal, amendment or modification has been approved by the County and has become effective. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION 6.1 The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the Contractor's or subcontractor's acts, errors or omissions in the performance of the Contract. Provided, however,that the Contractor's obligation under this provision will not extend to injury, sickness, disability, death or damage caused by or arising out of the sole negligence of the County, its officers, officials, employees or agents. 6.2 With regard to any claim against the County, its officers, officials, employees and agents by any employee of the Contractor, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section will not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. It is clearly agreed and understood by the parties to the Contract that the Contractor expressly waives any immunity the Contractor might have had under such laws. By executing the Contract, the Contractor acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section will be incorporated, as relevant, into any contract the Contractor makes with any subcontractor or agent performing work under the Contract. 6.3 The Contractor's obligations under these provisions include,but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the Contractor, the Contractor's employees, agents or subcontractors. SECTION 7. INSURANCE 7.1 Professional Legal Liability. The Contractor will maintain professional legal liability or professional errors and omissions coverage appropriate to the Contractor's profession. The coverage will have a limit of not less than$1 million per occurrence. The coverage will apply to liability for a professional error, act or omission arising out of the Contractor's or subcontractor's services under the Contract. The coverage will not 3of16 exclude bodily injury or property damage. The coverage will not exclude hazards related to the work tendered as part of the Contract or within the scope of the Contractor's services under the Contract, including testing, monitoring, measuring operations or laboratory analysis where such services are rendered under the Contract. 7.2 Workers' Compensation and Employee Liability. The Contractor will maintain workers' compensation insurance as required by Title 51, Revised Code of Washington, and will provide evidence of coverage to the Mason County Risk Management Division. If the Contract is for over $50,000, then the Contractor will also maintain employer liability coverage with a limit of not less than$ 1 million. 7.3 Commercial General Liability. The Contractor will maintain commercial general liability coverage for bodily injury,personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than$2 million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. NOT APPLICABLE FOR FFT. 7.4 Automobile Liability. The Contractor will maintain automobile liability insurance as follows: (check ONE of the following): X Not Applicable. The Contractor will maintain commercial automobile liability insurance with a limit of not less than $1 million each accident combined bodily injury and property damage. The aggregate limit will be at least$2 million. Coverage will include owned, hired and non-owned automobiles. The Contractor will maintain automobile liability insurance or equivalent foiur with a limit of not less than $100,000 each accident combined bodily injury and property damage. The aggregate limit will be at least$300,000. If a personal lines automobile liability policy is used to meet this requirement, it must include a business rider and must cover each vehicle to be used in the performance of the Contract and the certificates of insurance must evidence that these conditions have been met. If the contractor will use non-owned vehicles in performance of the Contract, the coverage will include owned, hired and non-owned automobiles. 7.5 Miscellaneous,Insurance Provisions . A. The Contractor's liability insurance provisions will be primary and non-contributory with " respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. 4 of 16 B. When such coverage is required,the Contractor's commercial general liability insurance and automobile liability insurance will include the County, its officers, officials, employees and agents with respect to performance of services. C. When such coverage is required,the Contractor's commercial general liability insurance and automobile liability insurance will contain no special limitations on the scope of protection afforded to the County as an additional insured. D. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the County, its officers, officials, employees or agents. E. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, subject to the limits of the insurer's liability. F. The Contractor shall include all subcontractors as insured under its policies or will furnish separate certificates and endorsements for each subcontractor naming Mason County, its elected and appointed officers, officials, employees and agents. All coverage for subcontractors will be subject to all of the requirements stated in these provisions. G. The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure, nor are they limitations on indemnification. H. The Contractor will maintain all required policies in force from the time services commence until services are completed. Certificates,policies and endorsements scheduled to expire before completion of services will be renewed before expiration. If the Contractor's liability coverage is written as a claims-made policy, then the Contractor must evidence the purchase of an extended-reporting period or"tail" coverage for a three-year period after completion of the services. 7.6 Verification of Coverage and Acceptability of Insurers A. The Contractor will place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. 5of16 . B. The Contractor will furnish the County with properly executed certificates of insurance or a signed policy endorsement which will clearly evidence all insurance required in this Section within 10 days after the effective date of the Contract. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract may not be canceled, or allowed to expire, except on 30-days' prior written notice to the County. Any certificate or endorsement limiting or negating the insurer's obligation to notify the County of cancellation or changes must be amended so as not to negate the intent of this provision. C. The Contractor will furnish the County with evidence that the additional-insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing the County as an additional insured. D. Certificates of insurance will show the certificate holder as Mason County and indicate "care of"the appropriate County office or department. The address of the certificate holder will be shown as the current address of the appropriate County office or department. E. The Contractor will request that the Washington State Department of Labor and Industries, Workers Compensation Representative, send written verification to Mason County that the Contractor is currently paying workers' compensation. F. Written notice of cancellation or change will be mailed to the County at the following address: Risk Management Division Mason County Support Services 411 N. 5th Shelton, WA 98584 G. The Contractor or its broker will provide a copy of all insurance policies specified in the Contract upon request of the Mason County Risk Manager. SECTION 8. TERMINATION 8:1 The County or Contractor may terminate the Contract in whole or in part whenever either party determines, in its sole discretion,that such termination is in the best interests of the party. The party may terminate the Contract upon giving 10-days' written notice. In that event,the County will pay the Contractor for all costs incurred by the Contractor in performing the Contract up to the date of termination, subject to the other provisions of the Contract. 6 of 16 8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the County may summarily terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by County to the Contractor. No costs incurred after the effective date of the termination will be paid. 8.3 If the Contractor breaches any of its obligations under the Contract, and fails to cure the breach within 10 days of written notice to do so by the County, the County may terminate the Contract. In that event, the County will pay the Contractor only for the costs of services accepted by the County. Upon such termination,the County, at its discretion, may obtain performance of the work elsewhere, and the Contractor will bear all costs and expenses incurred by the County in completing the work and all damages sustained by the County by reason of the Contractor's breach. SECTION 9. ASSIGNMENT,DELEGATION, AND SUBCONTRACTING 9.1 The Contractor will perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Contractor under the Contract will not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the County. 9.2 The Contractor warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Contract. SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Contractor's services will be furnished by the Contractor as an independent contractor and not as an agent, an employee or a servant of the County. The Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in the Contract. 10.2 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and the Contractor is not entitled to any County benefits, including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Mason County employees. 7of16 10.3 The Contractor will have and maintain complete responsibility and control over all of its subcontractors, employees, agents and representatives. No subcontractor, employee, agent or r representative of the Contractor will be or be deemed to be, or act or purport to act, as an employee, agent or representative of the County. SECTION 11. NON DISCRIMINATION The Contractor, its assignees, delegates or subcontractors will not discriminate against any person in performance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex,marital status, veteran status or the presence of any disability. SECTION 12. OWNERSHIP OF MATERIALS/WORKS PRODUCED 12.1 All reports, drawings, plans, specifications, all forms of electronic media, and data and documents produced in the performance of the work under the Contract will be "works for hire" as defined by the U.S. Copyright Act of 1976 and will be owned by the County. Ownership includes the right to copyright, patent, and register, and the ability to transfer these rights. 12.2 An electronic copy of all word processing documents will be submitted to the County upon request or at the end of the job using the word processing program and version specified by the County. SECTION 13. PATENT/COPYRIGHT INFRINGEMENT The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the County, where such action is based on the claim that information supplied by the Contractor or subcontractor infringes any patent or copyright. The Contractor will be notified promptly in writing by the County of any notice of such claim. 8of16 SECTION 14. DISPUTES Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract will be brought to attention by either party at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of perfoiuuance or compensation due the Contractor will be decided by the County's contract representative or designee. All rulings, orders, instructions and decisions of the County's contract representative will be final and conclusive. SECTION 15. CONFIDENTIALITY The Contractor, its employees, subcontractors and their employees will maintain the confidentiality of all information provided by the County or acquired by the County in performance of the Contract, except upon the prior express written consent of the County or an order entered by a court of competent jurisdiction. The Contractor will promptly give the County written notice of any judicial proceeding seeking disclosure of such information. SECTION 16. CHOICE OF LAW, JURISDICTION AND VENUE 16.1 The Contract will be construed as having been made and delivered within the State of Washington and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 16.2 Any action at law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in a court of competent jurisdiction. SECTION 17. CRIMINAL HISTORY REQUIREMENTS 17.1 Background Checks. Contractor understands that the Juvenile Department is required by the State of Washington to conduct yearly background checks on individual contract service providers who will have unsupervised access, as the result of the service provider's regularly scheduled activities or work duties, to juveniles under the jurisdiction of the Juvenile Department. 17.2 Unsupervised Access to Juveniles. Contractor will ensure that individual service providers will not have unsupervised access to juveniles under the jurisdiction of the Juvenile Department if the service provider has been convicted of any crime noted on Exhibit C, attached and incorporated by this reference. 9of16 17.3 Reporting of Charges and Convictions. Contractor will report any charge or conviction of service providers for any felony sex offense as defined in RCW 9.94A.030 and RCW 9A.44.130 or any violent offense as defined in RCW 9.94A.030 to the Juvenile Depaitiuent within seven days of the conviction. Failure to report within seven days constitutes misconduct under Title 50 RCW. SECTION 18. MISCELLANEOUS 18.1 No Waiver. The parties agree that the excuse or forgiveness of performance or waiver of any provisions of the Contract does not constitute a waiver of such provision or future performance or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 18.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts. 18.3 Personnel Removal. The Contractor agrees to remove immediately any of its subcontractors, employees, agents or representatives from assignment to perform services under the Contract upon receipt of a written request to do so from the County's contract representative or designee. 18.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and representatives will comply with all applicable federal, state and local laws,rules and regulations in their performance under the Contract. 18.5 Records Inspection and Retention. The County may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor will retain for audit purposes all Contract-related records for at least six years after termination of the Contract. 18.6 Successors and Assigns. The County, to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. 18.7 Severability. If a court of competent jurisdiction holds any provision of the contract to be illegal, invalid or unenforceable, in whole or in part,the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provisions of the Contract conflicts with any statutory provision of the State of Washington,the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 10 of 16 18.8 Entire Agreement. '1'hc parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the contract. Any oral or written representations or understandings not incorporated in the Contract are - specifically excluded. 18.9 Notices. Any notices will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representative's provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. Dated this 3 day ,lUhs., , 202 0 . Dated this ''day Tid 202k . y . CONTRACTOR Creative,Solirtiat Counseling fay: T .--- [3y: -A�/� Signature m Madsen j� ` c .luv rile Court Administrator Printed Name: d1 .v1C1.U1n1Dr1Se.ln Title: C LO reef— II Commissi Der Trask // ,y) Cot(,,,.* Issionc•Neatherl in • i Commissi 'ner Shutty • 11 of16 EXHIBIT A: DESCRIPTION OF SERVICES - Responsibilities of the Contractor: A. Contractor agrees to maintain current licensing and certification as a Licensed Marriage and Family Counselor (LMFT) in accordance with RCW 18.225. Contractor shall provide copies of applicable licenses and certifications to the Mason County Juvenile Department. B. The Contractor agrees to provide Functional Family Therapy to up to six (6) families referred from Mason County Juvenile Court before June 30, 2021. C. Contractor agrees to submit written reports for each client, in a timely fashion to the Juvenile Court Services Department at PO Box 368, Shelton, Washington 98584. D. Contractor agrees to participate in.State approved Quality Assurance Workgroup for the Functional Family Therapy (FFT)program as required by the State of Washington • Juvenile Justice and Rehabilitation Administration E. Contractor agrees to not seek reimbursement from the county for any services in excess of the rates and amount set forth in Exhibit B. • • 12of16 EXHIBIT B: COMPENSATION Payment to the Contractor shall be made as follows: • The contractor will bill a total of$2700.00 for each referred case that successfully completes all phases of the Functional Family Therapy intervention. Completed phases shall be paid as follows: a. Engagement and Motivation$900.00 b. Behavior Change $900.00 c. Generalization $900.00 d. $225 per completed session to be invoiced monthly • The Juvenile Court Administrator and FFT provider must agree upon the need for any session(s) that exceed the number prescribed by FFT in advance of the session. The fee will not exceed$225.00 per session. Payments shall be made by Mason County to the Contractor, usually within thirty (30) days of the receipt of the correctly completed documents requesting and supporting demand for payment, subject to: 1. Failure of the Contractor to comply with the terms of this agreement shall give the County the right to withhold payment under this agreement. The Contractor shall submit monthly billings to the Mason County Juvenile Department P.O. 368, Shelton, Washington or fax to, 360-427-7785 (attention Mike Dunn), within fifteen(15) days following the last day of the previous month. The County reserves the right to withhold payment for any claim not submitted for payment within fifteen (15) days following the termination of this agreement. 13of16 EXHIBIT C: DISCLOSURE OF CRIMINAL BACKGROUND Pursuant to the requirements of Sections 43.43.830 to 43.43.845 of the Revised Code of Washington, we-must ask you to disclose the following information. The infonnation will be kept confidential; 1. A. Have you ever been convicted of a crime against children or other persons? (A crime against persons means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnapping; first, second or third degree assault; first, second or third degree assault of a child; first, second or third degree rape; first, second or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties;incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; firs, second or third degree child molestation; first or "second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distribution erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.) Yes No B. Have you ever been convicted of a crime relating to financial exploitation if the victim was a vulnerable adult? (Crimes relating to financial exploitation means a conviction for first, second or third degree extortion; first, second or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.) Yes No If you answer"yes"to either part A or B of question 1, please describe and provide the following information: Date State Conviction Sentence Cause Number Court State ID# 2. A. Have you ever been found in a dependency action or domestic relations proceeding to have sexually assaulted, abused or exploited any minor, or to have committed child abuse or neglect as defined in RCW 26.44.020? Yes No B. Have you ever been found in any disciplinary board final decision to have sexually or physically abused or exploited any minor or developmentally disabled person or to have abused or financially exploited any vulnerable adult? Yes No C. Have you ever been found by a court in a protection proceeding to have abused or financially exploited a vulnerable adult? 14 of 16 Yes No If you answer"Yes"to part A, B or C of question 2,please describe and provide the following infoiniation: Date State Findings/Penalty Cause Number Court State ID# (SID) 3. Have you ever been convicted of a crime relating to drugs? (A crime relating to drugs means a conviction of a crime to manufacture, delivery or possession with intent to manufacture or deliver a controlled substance.) Yes No Mason County Personnel may request your fingerprints to obtain from the criminal identification system a report of your record of criminal convictions for offenses against children or other persons, crimes relating to financial exploitation of vulnerable adults, crimes relating to drugs, civil adjudications of child abuse, domestic relations proceedings, disciplinary board fmal decisions, and protection proceedings. If you are hired before that report is available, YOUR EMPLOYMENT WILL BE CONDITIONAL UPON THE RECEIPT OF A SATISFACTORY REPORT. You will be notified of the response within ten days after Mason County Personnel receives the report. We will make a copy of the report available to you upon request. UNDER PENALTY OF PERJURY, I certify under the laws of the State of Washington that the above information is true, correct and complete. I understand that if I am hired, I can be discharged for any misrepresentation or omission in the above statements. I also understand that if I am hired, my employment is conditioned on Mason County's receipt of a satisfactory report. Signature: Name (Please print): DATE: I signed this document while in , Washington (city or town) 15 of 16 EXHIBIT C: Continued DISQUALIFYING CRIMES AGAINST PERSONS As listed in RCW 43.43.830 and RCW 43.43.842 Listed below are the crimes that disqualify an applicant from appointment to a position that requires a Washington State Patrol Check. The duties and responsibilities of these positions include the requirement of unsupervised contact with youth, developmentally disabled persons or vulnerable adults. This information is taken from the DSHS form for criminal background checks for individual providers (DSHS 09-803) (06/94). Aggravated Murder Patronizing a Juvenile Prostitute Arson 1st Degree Promoting Prostitution lst Degree Assault 1st Degree Prostitution(3 years or more) * Assault 2"d Degree Rape 1st Degree Assault 3rd Degree Rape 2"d Degree Assault 4th Degree (3 years or more) * Rape 3rd Degree Burglary 1st Degree Rape of a Child 1st Degree Child Abandonment Rape of a Child 2"d Degree Child abuse or neglect(RCW 26.44.020) Rape of a Child 3rd Degree Child buying or selling Robbery 1st Degree Child Molestation 1st Degree Robbery 2"d Degree Child Molestation 2"d Degree Selling/Distributing Erotic Material to a Minor Child Molestation 3rd Degree Sexual Exploitation of a Minor Communication w/minor for immoral purposes Sexual Misconduct w/a Minor 1st Degree Criminal Mistreatment 1st Degree Sexual Misconduct w/a Minor 2"d Degree Criminal Mistreatment 2"d Degree Theft 1st Degree Custodial Assault Theft 2"d Degree (5 years or more) * Custodial Interference 1st Degree Theft 3rd Degree (3 years or more) * Custodial Interference 2"d Degree Unlawful Imprisonment Extortion 1st Degree Violation of Child Abuse Restraining Order Extortion 2"d Degree Extortion 3rd Degree _ Felony Indecent Exposure Forgery (5 years or more) * Incest Kidnapping 1st Degree Kidnapping 2"d Degree Malicious Harassment Manslaughter 1st Degree Manslaughter 2"d Degree Murder 1st Degree Murder 2"d Degree * The crimes above marked with an asterisk are not disqualifying as long as the conviction date is established to be 3 or 5 years prior to application. • 16 of 16