HomeMy WebLinkAbout020821_ca05Consent Agenda
Juvenile Services
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
To: Board of County Commissioners
From: Barbara L. Carr, Juvenile Court Administrator
Agenda Date: Monday, Feb 8, 2021
Subject: DCYF Agreement # 2063-97491
Dept Children, Youth & Family and Jefferson County -
iACT Funds
STATEMENT OF ISSUE:
This Agreement provides for reimbursement to the County for quality assurance performed
by Jefferson County Juvenile Services staff for statewide implementation of 1-ACT,
Individual Alternative Choice Training, a promising program for juvenile offenders. Staff
trainers and QA are keeping track of their time in collaboration with DCYF program
management.
ANALYSIS:
None.
ALTERNATIVES:
Refuse to perform this oversight and training role for i-ACT.
FISCAL IMPACT:
This revenue is included in my budget for 2021.
RECOMMENDATION:
That the Board approve the agreement and sign 3 originals. A fully executed original will be
returned to the BOCC office upon final execution by AOC.
Appr y:
.p Morley, Coun A Date
DCYF Agreement Number
COUNTY PROGRAM AGREEMENT
2063-97491
i-ACT Program Development
This Program Agreement is by and between the State of Washington
Administration or Division
Department of Children, Youth & Families (DCYF) and the County identified
Agreement Number
below, and is issued in conjunction with a County and DCYF Agreement On
General Terms and Conditions, which is incorporated by reference.
County Agreement Number
DCYF ADMINISTRATION
DCYF DIVISION
DCYF INDEX NUMBER
DCYF CONTRACT CODE
Department of Children, Youth,
Children, Youth and Families
1223
2000CC-63
and Families
DCYF CONTACT NAME AND TITLE
DCYF CONTACT ADDRESS
Rachel Denney
1115 Washington St SE
Contract Manager
Olympia, WA 98504
DCYF CONTACT TELEPHONE
DCYF CONTACT FAX
DCYF CONTACT E-MAIL
360 688-6803
Click here to enter text.
Rachel.Denney@dcyf.wa.gov
COUNTY NAME
COUNTY ADDRESS
Jefferson County
Jefferson County
PO Box 1220
Port Townsend, WA 98368
COUNTY FEDERAL EMPLOYER IDENTIFICATION
COUNTY CONTACT NAME
NUMBER
Barbara Carr
COUNTY CONTACT TELEPHONE
COUNTY CONTACT FAX
COUNTY CONTACT E-MAIL
360 385-9190
360 385-9191
bcarr@co.jefferson.wa.us
IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM
CFDA NUMBERS
AGREEMENT?
No
PROGRAM AGREEMENT START DATE
PROGRAM AGREEMENT END DATE
MAXIMUM PROGRAM AGREEMENT AMOUNT
07/01/2020
06/30/2021
$12,640.00
EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this
County Program Agreement by reference:
® Exhibits (specify): Exhibit A -Data Security Requirements; Exhibit B-Statement of Work
❑ No Exhibits.
The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive
understanding between the parties supersedingand merging all previous agreements; writings, and communications, oral
or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and
understand this Contract, and have the authority to execute this Contract, This Contract shall be binding on DCYF only
upon signature by DCYF.
COUNTY SIGNATURE(S)
PRINTED NAME(S) AND TITLE(S)
DATE(S) SIGNED
DCYF SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
App;oy4A, a as '/; my
�GLL// Date. t Z�
Philip C. Hunsucker, Chief Civil Deputy Prosecute Attorney
Jefferson County Prosecuting Attorney's Office
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 1
Special Terms and Conditions
Definitions. The words and phrases listed below, as used in this Contract, shall each have the
following definitions:
a. "DCYF" means the Department of Children, Youth, and Families.
b. "i-ACT" means Individual -Alternative Choice Training.
c. "Juvenile Rehabilitation" or "JR" means the Division under the Department of Children, Youth, and
Families.
2. Purpose.
The purpose of this Contract is to provide for staff time to develop, train, and provide consultation to T-
ACT trainers providing the service.
3. Data Security Requirements — Exhibit A. The Contractor shall protect, segregate, and dispose of
data from DCYF as described in Exhibit A.
4. Statement of Work — Exhibit B. The Contractor shall provide services and staff as described in the
Statement of Work attached as Exhibit B.
6. Billing and Payment
a. The contracted activities shall be paid up to the amount specified for the deliverables identified in
the Statement of Work and payment shall be made upon receipt of the deliverable. JR shall not
make payment for any deliverable not completed in accordance to the specifications identified in
this Contract.
b. Invoice shall be sent to the DCYF Program Contact listed in the Statement of Work.
c. DCYF shall pay the Contractor upon acceptance by DCYF of a properly completed A-19 Invoice
Voucher. The invoice shall include any required documentation of the services delivered as
specified in the Statement of Work. Payment shall be sent to the Contractor's address on page one
of this Contract.
d. Payment shall be considered timely if made by DCYF within 30 days after receipt of the properly
completed invoice.
e. The Contractor accepts the DCYF payment as the sole and complete payment for the services
provided under this Contract.
f. DCYF shall not reimburse the Contractor for authorized services not provided to clients, or for
services provided which are not authorized or are not provided in accordance with Exhibit B:
Statement of Work. If DCYF pays the Contractor for services authorized but not provided by the
Contractor in accordance with this Contract's "Statement of Work," the amount paid shall be
considered to be an overpayment.
g. If this Contract is terminated for any reason, DCYF shall pay for only those services authorized and
provided through the date of termination.
6. Services Authorized as Needed
DCYF shall request services from the Contractor on an as -needed basis. This Contract does not
obligate DCYF to authorize services from the Contractor.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 2
Special Terms and Conditions
Payment Only for Authorized Services
DCYF shall pay the Contractor only for authorized services provided in accordance with this Contract.
If this Contract is terminated for any reason, DCYF shall pay only for services authorized and provided
through the date of termination.
8. Funding Stipulations
a. Information for Federal Funding. The Contractor shall cooperate in supplying any information to
DCYF that may be needed to determine DCYF or the client's eligibility for federal funding.
b. Duplicate Billing. The Contractor must not bill other funding sources for services rendered under
this Contract which would result in duplicate billing to different funding sources for the same service.
Furthermore, the Contractor shall ensure that no subcontractor bills any other funding sources for
services rendered under this Contract, which would result in duplicate billing to different funding
sources for the same service.
c. No Federal Match. The Contractor shall not use funds payable under this Contract as match toward
federal funds without the prior written permission of DCYF.
d. Supplanting. The Contractor shall use these funds to supplement, not supplant the amount of
federal, state and local funds otherwise expended for services provided under this Contract.
9. Recovery of Fees for Noncompliance
In the event the Contractor bills for services provided and is paid fees for services that DCYF later finds
were either (a) not delivered or (b) not delivered in accordance with applicable standards or the
requirements of this Contract, DCYF shall have the right to recover the fees for those services from the
Contractor, and the Contractor shall fully cooperate during the recovery process.
10. Prohibition of Use of Funds for Lobbying Activities
The Contractor shall not use funds payable under the Contract for lobbying activities of any nature. The
Contractor certifies that no state or federal funds payable under this Contract shall be paid to any
person or organization to influence, or attempt to influence, either directly or indirectly, an officer or
employee of any state or federal agency, or an officer or member of any state or federal legislative body
or committee, regarding the award, amendment, modification, extension, or renewal of a state or
federal contract or grant.
Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Contract,
at the sole discretion of DCYF, and shall subject Contractor to such monetary and other penalties as
may be provided by law.
11. Compliance Agreement
In the event that DCYF identifies deficiencies in Contractor's performance under this Contract, DCYF
may, at its option, establish a Compliance Agreement. When presented with a Compliance Agreement,
Contractor agrees to undertake the actions specified in the plan within the timeframes given to correct
the deficiencies. Contractor's failure to do so shall be grounds for termination of this Contract.
12. Compliance with JR Policies and Standards.
a. In addition to the governing Federal and State laws and regulations, the Contractor shall comply
with all DCYF and JR Rules and Policies as applicable to the services provided.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 3
Special Terms and Conditions
b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance
shall prevail.
13. Administrative Records
The Contractor shall retain fiscal records that shall substantiate costs charged to DCYF under this
Contract.
14. Background Checks
a. This requirement applies to any employees, volunteers and subcontractors who may have
unsupervised access to children served under this Contract.
In accordance with Chapters 388-700 WAC (JR-Practices & Procedures), 72.05 RCW (Children &
Youth Services), and by the terms of this Contract, Contractor and each of its employees,
subcontractors, and/or volunteers who may or will have regular access to any client/juvenile must
be cleared through a JR approved criminal history and background check. In addition, Contractor,
each of their employees, subcontractors, and/or volunteers, who may or will have limited access to
any client/juvenile, may be required to be cleared through a JR approved criminal history and
background check.
c. By execution of this Contract, Contractor affirms that Contractor, each of its employees,
subcontractors, and/or volunteers, who may or will have regular access have not been convicted of
any of the following:
(1) Any felony sex offense as defined in 9.94A.030 RCW (Sentencing Reform Act -Definitions) and
9A.44.130 RCW (Sex Offenses);
(2) Any crime specified in Chapter 9A.44 RCW (Sex Offenses) when the victim was a juvenile in the
custody of or under the jurisdiction of JR; or
(3) Any violent offense as defined in 9.94A.030 RCW (Sentencing Reform Act -Definitions).
d. Contractor must require that current employees, volunteers, and contracted service providers who
are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the
above offenses. The report must be made to the person's supervisor within seven (7) days of
conviction and any person who have reported a guilty plea or conviction for one or more of these
offenses must not have regular access to any offender. Contractor shall also document
background checks/criminal history clearances for monitoring purposes.
15. Sexual Misconduct
a. Sexual Misconduct - 13.40.570 RCW (Sexual misconduct by state employees, contractors) states
that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact
between the employee of a Contractor and an offender has occurred, the Secretary shall require
the employee of a Contractor to be immediately removed from any employment position which
would permit the employee to have any access to any offender.
b. By execution of this Contract, Contractor affirms that Contractor, each of its employees,
subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW
(Sexual misconduct by state employees, contractors) and of the crimes included in 9A.44 RCW
(Sex Offenses).
c. In addition, the Secretary shall disqualify for employment with a Contractor in any position with
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 4
Special Terms and Conditions
access to an offender, any person:
(1) Who is found by the department, based on a preponderance of the evidence, to have had
sexual intercourse or sexual contact with the offender; or
(2) Convicted of any crime specified in chapter 9A.44 RCW (Sex Offenses) when the victim was an
offender
If any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must
demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees,
volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender.
The Contract shall not be renewed unless the Secretary determines significant progress has been
made.
16. PREA Requirements
The following Prison Rape Elimination Act (PREA) training and Criminal History Background Check
requirements must be met if you are providing services to youth in a JR facility and will have direct
unsupervised access to youth. The training requirement only needs to be completed once.
Participate and complete all Prison Rape Elimination Act (PREA) required trainings which shall consist
of the following:
(1) Review of JR's PREA Policy 5.90, Applying the PREA Standards in JR;
(2) Review of the "JR Guide to the Prevention and Reporting Sexual Misconduct" brochure;
(3) View the National Institute of Corrections Video, Keeping Our Kids Safe: The Prison Rape
Elimination Act and Juvenile Justice, Parts 1 and 2 (approx. 23 minutes total). Viewable via the
YouTube link: NIC Keeping Kids Safe (https://www.youtube.com/watch?v=bHlJ4M7QnYg); and
(4) Completion of the JR's PREA "Volunteer/Contractor Acknowledgement Completion of Training
and Policy Review" Form.
b. Complete the "PREA Sexual Misconduct" Form (DCYF 20-296).
c. Provide the completed "PREA Sexual Misconduct" and "Volunteer/Contractor Acknowledgement
Completion of Training and Policy Review" forms to the JR Program Staff identified below or their
designee, for each staff having direct unsupervised contact with JR residents within JR's Institutions
or Community Facilities.
d. Complete a mandatory Criminal History Background Check at least every 5 years and a National
Fingerprint Criminal Records Background Check.
17. Subcontractor
If the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractor
must notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet all
the requirements under this Contract. In no event shall the existence of a subcontract release or
reduce the liability of the County for any breach of performance.
18. Monitoring
The County shall assist the JR to perform reviews of sites where services are delivered at regular
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 5
Special Terms and Conditions
intervals using agreed upon forms and methods.
19. Insurance
a. DCYF certifies that it is self -insured under the State's self-insurance liability program, as provided
by RCW 4.92.130, and shall pay for losses for which it is found liable.
b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box
selected, and signing this Agreement, that:
❑ The Contractor is self -insured or insured through a risk pool and shall pay for losses
for which it is found liable; or
❑ The Contractor maintains the types and amounts of insurance identified below and
shall, prior to the execution of this Agreement by DCYF, provide certificates of insurance
to that effect to the DCYF contact on page one of this Agreement.
Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property
damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000;
General Aggregate - $2,000,000. The policy shall include liability arising out of premises,
operations, independent contractors, products -completed operations, personal injury, advertising
injury, and liability assumed under an insured contract. The State of Washington, DCYF, its elected
and appointed officials, agents, and employees shall be named as additional insureds.
20. Disputes
Either the Contractor or JR may initiate a dispute claim for consideration by the other party, as it relates
to the terms of this Agreement, or to the services provided by the Contractor under the terms of this
Agreement. In accordance with the JR dispute resolution process, attempts to resolve disputes shall
initially be addressed and be resolved at the lowest level possible between the Contractor and JR
organization, which initiated the contract. Upon verbal or written request from the Contractor, JR shall
provide the Contractor a copy of the JR dispute resolution process within 5 working days of the request.
21. Emergency Management & Response
a. It may be possible, that during the performance of this Contract, that DCYF or the State of
Washington could issue or declare a State of Emergency. Such an emergency could include, but
not be limited to:
(1) Pandemic;
(2) Public Health Emergency;
(3) Natural or manmade disaster; and / or
(4) Civil Unrest.
If such a declaration is made, by DCYF or the State of Washington, then DCYF may choose to temporarily
modify the service delivery provisions of this contract. Those modifications will be time limited and will be
provided by your DCYF/JR Program Contact.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 6
EXHIBIT A
DATA SECURITY REQUIREMENTS
ORGANIZATION OF DATA SECURITY REQUIREMENTS
1. Definitions
2. Authority
3. Scope of Protection
4. Compliance with Laws, Rules, Regulations, and Policy
5. Administrative Controls
6. Authorization, Authentication, and Access
7. Protection of Data
8. Method of Transfer
9. System Protection
10. Data Segregation
11. Confidentiality Protection
12. Data Disposition
13. Data shared with Subcontractors
14. Notification of Compromise or Potential Compromise
15. Breach of Data
16. Public Disclosure
Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing
Standards Publications for the encryption of electronic data issued by the National Institute of
Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197pdf).
b. "Authorized Users(s)" means an individual or individuals with a business need to access DCYF
Confidential Information and who has been authorized to do so.
c. "Business Associate Agreement" means an agreement between DCYF and a contractor who is
receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability
and Accountability Act of 1996. The agreement establishes permitted and required uses and
disclosures of protected health information (PHI) in accordance with HIPAA requirements and
provides obligations for business associates to safeguard the information.
d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or
regulations that require especially strict protection of the data and from which especially serious
consequences may arise in the event of any compromise of such data. Data classified as Category
4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability
Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and
Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights
and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service
Publication 1075 (https://www.irs.gov/pub/irs-pdf/pl075.pdfl; Substance Abuse and Mental Health
Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records,
42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 7
e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a
network outside the control of the Contractor. Physical storage of data in the cloud typically spans
multiple servers and often multiple locations. Cloud storage can be divided between consumer
grade storage for personal files and enterprise grade for companies and governmental entities.
Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other
entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace.
f. "Confidential Information" means to encode Confidential Information into a format that can only be
read by those possessing a "key"; a password, digital certificate or other mechanism available only
to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or
2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard
(AES) must be used if available.
g. "Data" means DCYF's records, files, forms, information and other documents in electronic or hard
copy medium. "Data" includes, but is not limited to, Confidential Information, Category 4 Data,
Sensitive Personal Information, or Materials.
h. "Encrypt" means to encode Confidential Information into a format that can only be read by those
possessing a "key"; a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for
asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must
be used if available.
i. "Fed RAMP" means the Federal Risk and Authorization Management Program (see
https://www.fedramp.gov/), which is an assessment and authorization process that federal
government agencies have been directed to use to ensure security is in place when accessing
Cloud computing products and services.
j. "Hardened Password" means a string of at least eight characters containing at least three of the
following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special
characters such as an asterisk, ampersand, or exclamation point.
k. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile
operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
"Multi -factor Authentication" means controlling access to computers and other IT resources by
requiring two or more pieces of evidence that the user is who they claim to be. These pieces of
evidence consist of something the user knows, such as a password or PIN; something the user has
such as a key card, smart card, or physical token; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a
series of numbers which act as a password for a device. Since PINs are typically only four to six
characters, PINs are usually used in conjunction with another factor of authentication, such as a
fingerprint.
m. "Portable Device" means any computing device with a small form factor, designed to be transported
from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but
are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable
Device.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 8
n. "Portable Media" means any machine readable media that may routinely be stored or moved
independently of computing devices. Examples include magnetic tapes, optical discs (CDs or
DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
o. "Physically Secure" means that access is restricted through physical means to authorized
individuals only.
p. "Secure Area" means an area to which only authorized representatives of the entity possessing the
Confidential Information have access, and access is controlled through use of a key, card key,
combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or
locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access
to the Confidential Information is not available to unauthorized personnel. In otherwise Secure
Areas, such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non -authorized staff such as janitorial or facility security staff, when authorized
Contractor staff are not present to ensure that non -authorized staff cannot access it.
"Sensitive Personal Information" means personally identifying information including, but not limited
to: names, addresses, health information, GPS [Global Positioning System] coordinates, telephone
numbers, email addresses, social security numbers, driver's license numbers, or other personally
identifying information, and any financial identifiers.
r. "Staff' means the Contractor's directors, officers, employees, and agents who provide goods or
services pursuant to this Contract. "Staff' also means Subcontractors' directors, officers,
employees, and agents who provide goods or services on behalf of the Contractor. The term "Staff"
also means the Subcontractors' directors, officers, employees, and agents who provide goods or
services on behalf of the Subcontractor and Contractor.
s. Trusted Network" means a network operated and maintained by the Contractor, which includes
security controls sufficient to protect DCYF Data on that network. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and
switches, and other such mechanisms which protect the confidentiality, integrity, and availability of
the Data.
t. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
2. Authority. The security requirements described in this document reflect the applicable requirements of
Standard 141.10 (https:Hocio.wa.gov/policies) of the Office of the Chief Information Officer for the State
of Washington, and of the DCYF Information Security Policy and Standards Manual.
3. Scope of Protection. Applies to Confidential Information, Data, Category 4 Data, Sensitive Personal
Information, and Materials related to the subject matter of this Contract that is delivered, received,
used, shared, acquired, created, developed, revised, modified, or amended by DCYF, the Contractor,
or Subcontractors.
4. Compliance with Laws, Rules, Regulations, and Policies. For Confidential Information, Data,
Category 4 Data, Sensitive Personal Information, and Materials that is delivered, received, used,
shared, acquired, created, developed, revised, modified, or amended in connection with this Contract
the parties shall comply with the following:
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 9
a. All federal and state laws and regulations, as currently enacted or revised, regarding the protection,
security, and electronic interchange of Confidential Information, Data, Category 4 Data, Sensitive
Personal Information, and Materials; and
b. All federal and state laws and regulations, as currently enacted or revised, regarding the use,
disclosure, modification or loss of Confidential Information, Data, Category 4 Data, Sensitive
Personal Information, and Materials.
Administrative Controls. The Contractor must have the following controls in place:
a. A documented security policy governing the secure use of its computer network, mobile devices,
portable devices, as well as, any form of paper/hard copy documents, and which defines sanctions
that may be applied to Contractor staff for violating that policy.
b. Security awareness training for all staff, presented annually, as follows:
(1). Contractor staff responsibilities under the Contractor's security policy;
(2). Contactor staff responsibilities as outlined under contract Exhibit A; and
(3). Must successfully complete the DCYF Information Security Awareness Training, which can be
taken on this web page: https://www.dcyf.wa.gov/sites/default/files/pdf/Security-in-Contracts.pdf
Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to
authorized staff, the Contractor must:
a. Have documented policies and procedures that:
(1). Govern access to systems; and
(2). Govern access to paper/hard copy documents and files.
b. Restrict access through administrative, physical, and technical controls to authorized staff;
c. Ensure that user accounts are unique and that any given user account logon ID and password
combination is known only to the one staff member to whom that account is assigned. For
purposes of non -repudiation, it must always be possible to determine which staff member
performed a given action on a system housing the Data based solely on the logon ID used to
perform the action;
d. Ensure that only authorized users are capable of accessing the Data;
e. Ensure that an employee's access to Data is removed within twenty-four (24) hours:
(1). Upon suspected compromise of the user credentials;
(2). When their employment, or the contract under which the Data is made available to them, is
terminated;
(3). When they no longer need access to the Data to fulfill the requirements of the Contract; and
(4). When the staff member has been suspended from performing services under this Contract.
f. Have a process to review and verify, quarterly, that only authorized users have access to systems
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 10
containing Confidential Information, Data, Category 4 Data, Sensitive Personal Information, or
Materials;
g. When accessing the Data from within the Contractor's network (the Data stays within the
Contractor's network at all times), enforce password and logon requirements for users within the
Contractor's network, including:
(1). A minimum length of eight (8) characters, and containing at least three of the following character
classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk,
ampersand, or exclamation point;
(2). That a password does not contain a user's name, logon ID, or any form of their full name;
(3). That a password does not consist of a single dictionary word. A password may be formed as a
passphrase which consists of multiple dictionary words; and
(4). That passwords are significantly different from the previous four (4) passwords. Passwords that
increment by simply adding a number are not considered significantly different.
h. When accessing Confidential Information, Data, Category 4 Data, Sensitive Personal Information,
and Materials from an external location (the Data will traverse the Internet or otherwise travel
outside the Contractor's network), mitigate risk and enforce password and logon requirements for
users by employing measures that include:
(1). Ensuring mitigations applied to the system don't allow end -user modification;
(2). Not allowing the use of dial -up connections;
(3). Using industry standard protocols and solutions for remote access. Examples would include
RADIUS and Citrix;
(4). Encrypting all remote access traffic from the external workstation to Trusted Network or to a
component within the Trusted Network. The traffic must be encrypted at all times while
traversing any network, including the Internet, which is not a Trusted Network;
(5). Ensuring that the remote access system prompts for re -authentication or performs automated
session termination after no more than fifteen (15) minutes of inactivity; and
(6). Ensuring use of Multi -Factor Authentication to connect from the external end point to the internal
end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token
(software, hardware, smart card, etc.) in that case:
(1). The PIN or password must be at least five (5) letters or numbers when used in conjunction with
at least one other authentication factor;
(2). Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be
acceptable); and
(3). Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be
acceptable).
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 11
j. If the Contract specifically allows for the storage of Confidential Information on a Mobile Device,
passcodes used on the device must:
(1). Be aminimum of six (6) alphanumeric characters;
(2). Contain at least three unique character classes (upper case, lower case, letter, number); and
(3). Not contain more than a three consecutive character run. Passcodes consisting of (12345, or
abcd12 would not be acceptable).
k. Render the device unusable after a maximum of five (5) failed logon attempts.
7. Protection of Data. The Contractor agrees to store Data on one or more of the following media and
protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID
and Hardened Password or other authentication mechanisms which provide equal or greater
security, such as biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network servers and made
available through shared folders, access to the Data will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DCYF
on optical discs which will be used in local workstation optical disc drives and which will not be
transported out of a Secure Area. When not in use for the contracted purpose, such discs must be
Stored in a Secure Area. Workstations which access Data on optical discs must be located in an
area which is accessible only to authorized personnel, with access controlled through use of a key,
card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DCYF on optical discs which will be attached to network servers and which will not be transported
out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
e. Paper documents.
(1). All paper documents must be protected by storing the records in a Secure Area, with access
controlled through use of a key, card key, combination lock, or comparable mechanism, and which
is only accessible to authorized personnel.
(2). When being transported outside of a Secure Area, paper documents must be under the physical
control of Contractor staff with authorization to access the Data.
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2017CF County Program Agreement 6-24-20 Page 12
(3). Paper documents will not be secured or stored in a motor vehicle any time a staff member is
away from the motor vehicle.
(4). Paper documents will be retained in a Secure Area, per the state of Washington records
retention requirements.
f. Data storage on portable devices or media.
(1). Except where otherwise specified herein, Data shall not be stored by the Contractor on portable
devices or media unless specifically authorized within the terms and conditions of the Contract.
If so authorized, the Data shall be given the following protections:
(a). Encrypt the Data; and
(b). Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics; and
(c). Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is fifteen (15) minutes; and
(d). Apply administrative and physical security controls to Portable Devices and Portable Media
by:
Keeping them in a Secure Area when not in use;
ii. Using check-in/check-out procedures when they are shared; and
iii. Taking quarterly inventories.
(2). When being transported outside of a Secure Area, Portable Devices and Portable Media
with Data must be under the physical control of Contractor staff with authorization to access
the Data, even if the Data is encrypted. Portable Devices and Portable Media will not be
secured or stored within motor vehicles at any time the staff member is away from the motor
vehicle.
g. Data stored for backup purposes.
(1) DCYF Confidential Information may be stored on Portable Media as part of a Contractor's
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course of
normal backup operations. If backup media is retired while DCYF Confidential Information still
exists upon it, refer to Section 12 Data Disposition.
(2) Data may be stored on non -portable media (e.g. Storage Area Network drives, virtual media,
etc.) as part of a Contractor's existing, documented backup process for business continuity or
disaster recovery purposes. If so, such media will be protected as otherwise described in this
exhibit. If this media is retired while DCYF Confidential Information still exists upon it, refer to
Section 12 Data Disposition.
h. Cloud storage. Data requires protections equal to or greater than those specified elsewhere within
this exhibit. Cloud storage of Data is problematic as neither DCYF nor the Contractor has control of
the environment in which the Data is stored. For this reason:
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 13
(1). Data will not be stored in any consumer grade Cloud solution, unless all of the following
conditions are met:
(a). Contractor has written procedures in place governing use of the Cloud storage and
Contractor attests in writing that all such procedures will be uniformly followed;
(b). The Data will be Encrypted while within the Contractor network;
(c). The Data will remain Encrypted during transmission to the Cloud;
(d). The Data will remain Encrypted at all times while residing within the Cloud storage solution;
(e). The Contractor will possess a decryption key for the Data, and the decryption key will be
possessed only by the Contractor and/or DCYF;
(f). The Data will not be downloaded to non -authorized systems, meaning systems that are not
on either the DCYF or Contractor networks;
(g). The Data will not be decrypted until downloaded onto a computer or portable devise within
the control of an Authorized User and within either the DCYF or Contractor's network; and
(h). Access to the cloud storage requires Multi Factor Authentication or Two Step Authentication.
(2). Data will not be stored on an Enterprise Cloud storage solution unless either:
(a) The Cloud storage provider is treated as any other Sub -Contractor, and agrees in writing to
all of the requirements within this exhibit; or
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health Insurance Portability and
Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior
to Data being stored in their Cloud solution.
8. Method of Transfer.
a. All Data transfers to or from the Contractor shall only be made by using the secure data.wa.gov
portal provided by the state of Washington with login and hardened password security.
b. The Contractor shall use an encrypted email account for electronic submissions which contain
Confidential, and Personal Information, as defined in the General Terms and Conditions.
Information regarding encrypted email accounts can be obtained at DCYF's website, located at:
https://www.dcyf.wa.gov/services/ch ild-welfare-providers/encrypted-email.
9. System Protection. To prevent compromise of systems which contain DCYF Data or through which
that Data passes:
a. Systems containing Data must have all security patches or hotfixes applied within three (3) months
of being made available;
b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been
applied within the required timeframes;
c. Systems containing Data shall have an Anti-Malware application, if available, installed; and
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 14
d. Anti-Malware software shall be kept up to date. The product, its anti -virus engine, and any malware
database the system uses, will be no more than one update behind current.
10. Data Segregation.
a. Data must be segregated or otherwise distinguishable from non-DCYF data. This is to ensure that
when no longer needed by the Contractor, all Data can be identified for return or destruction. It also
aids in determining whether Data has or may have been compromised in the event of a security
breach. As such, one or more of the following methods will be used for data segregation:
(1). Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-
DCYF Data; and/or;
(2). Data will be stored in a logical container on electronic media, such as a partition or folder
dedicated to Data; and/or;
(3). Data will be stored in a database which will contain no non-DCYF data; and/or;
(4). Data will be stored within a database and will be distinguishable from non-DCYF data by the
value of a specific field or fields within database records; and
(5). When stored as physical paper documents, Data will be physically segregated from non-DCYF
data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate Data from non-DCYF data, then both the Data and
the non-DCYF data with which it is commingled must be protected as described in this exhibit.
11. Confidentiality Protection. To safeguard confidentiality, and ensure that access to all Data is limited
to authorized staff, the Contractor must:
a. Ensure that the Contractor's Staff, Subcontractors, and the Subcontractors' Staff use Data solely for
the purposes of accomplishing the services set forth in this Contract;
b. Ensure that no Data is 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;
c. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information of a minor except as provided by law or with the prior written consent of the minor's
parent, legal representative or guardian. If a child is a dependent of Washington State, then prior
written consent must be obtained from DCYF; and
d. Require that the Contractor's Staff and Subcontractors' Staff having access to Data sign a
Statement of Confidentiality and Non -Disclosure Agreement (DCYF Form 03-374B), which can be
found at this webpage: https://www.dcyf.wa.gov/forms. Data shall not be released to the
Contractor's Staff person(s) or Subcontractors' Staff person(s) until the following conditions have
been met:
(1). DCYF approves the Contractor's Staff person(s) or Subcontractors' Staff person(s), to work on
this Contract; and
(2). If requested by DCYF, Contractor must submit the signed original Statement of Confidentiality
and Non -Disclosure Agreement, signed by the Staff person(s) or Subcontractors' Staff person(s).
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 15
12. Data Disposition. Contractor is responsible to ensure that all Data, including paper and electronic
records, is retained pursuant to Washington State retention standards. Prior to the destruction of any
Data, the DCYF Contact specified for this contract, must be notified in writing and permission given in
writing to destroy any such Data. When the contracted work has been completed or when the Data is
no longer needed, Data shall be retained pursuant to the retention standards required by chapter 40.14
RCW, or returned to DCYF.
b. Once written permission to destroy Data has been granted by DCYF to the Contractor, the following
acceptable methods of destruction must be used:
Data stored on:
Will be destroyed by:
Server or workstation hard disks, or
Using a "wipe" utility which will overwrite the Data at
least three (3) times using either random or single
Removable media (e.g. floppies, USB flash
character data, or
drives, portable hard disks) excluding optical
discs
Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Ph sicall destroying the disk
Paper documents with sensitive or
Recycling through a contracted firm, provided the
Confidential Information
contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential
On -site shredding, pulping, or incineration
Information requiring special handling (e.g.
protected health information
Optical discs (e.g. CDs or DVDs)
Incineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Magnetic toe
Degaussing, incinerating or crosscut shredding
b. If any Data is required to be destroyed pursuant to this Section, within fifteen (15) calendar days
after completion of such destruction the Contractor shall complete and deliver to DCYF a signed
Certification of Data Disposition, which can be found at this webpage:
https://www.dcyf.wa.gov/forms.
13. Data shared with Subcontractors. If Data provided under this Contract is to be shared with a
subcontractor, the Contract with the subcontractor must include all of the data security provisions within
this Contract and within any amendments, attachments, or exhibits within this Contract. If the
Contractor cannot protect the Data as articulated within this Contract, then the contract with the
subcontractor must be submitted to the DCYF Contact specified for this contract for review and
approval.
14. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
DCYF shared Data must be reported to the DCYF Contact designated in the Contract within one (1)
business day of discovery. If no DCYF Contact is designated in the Contract, then the notification must
be reported to the DCYF Privacy Officer at: dcvfprivacyofficer(D-dcyf.wa.caov. Contractor must also take
actions to mitigate the risk of loss and comply with any notification or other requirements imposed by
law or DCYF.
15. Breach of Data. In the event of a breach by the Contractor of this Exhibit and in addition to all other
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 16
rights and remedies available to DCYF, DCYF may elect to do any of the following:
a. Terminate the Contract;
b. Require that the Contractor return all Data to DCYF that was previously provided to the Contractor
by DCYF; or
c. Suspend the Contractor's access to accounts and other information.
16. Public Disclosure.
a. If a third party requestor seeks information of the Contractor for DCYF Data, a copy of the
notice/request shall be emailed to DCYF by way of the DCYF Contracts and Procurement Office
email at dcyf.contractdatabreach(a.dcyf.wa_gov within three calendar (3) days of third party request.
b. DCYF Contracts and Procurement Office will respond to the Contractor on how to proceed with the
request within five (5) calendar days of receiving such notification.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 17
STATEMENT OF WORK
Individual — Alternative Choice Training (i-ACT)
Training and Consultation for County Juvenile Courts
1. Service Delivery
Exhibit B
The Contractor shall provide to statewide i-ACT Trainers, by telephone or in -person, clinical
consultation services. Services shall include, but are not limited to:
a. Providing clinical consultation to i-ACT Trainers throughout the state;
b. Participating in and providing i-ACT Trainer training;
c. Monitoring by direct observation or video recordings of i-ACT sessions for adherence and
compliance to i-ACT program standards;
d. Reporting monitoring results to the JR Juvenile Court Program Administrator and to the statewide
WSART Quality Assurance Specialist on a monthly basis;
e. Providing assistance with individual i-ACT Trainers improvement plans; and
f. Participating in implementation and ongoing program development meetings.
2. Deliverables
a. Monthly Reporting
The Contractor shall provide monthly activity and monitoring summary reports to the JR Juvenile
Court Program Administrator.
b. Quarterly Reporting
The Contractor on a quarterly basis shall provide the JR Juvenile Court Program Administrator and
the Statewide WSART Quality Assurance Specialist (QAS) a report that summarizes the following
information for all i-ACT Trainers served that quarter:
(1) Number of i-ACT Trainers served;
(2) Number of i-ACT Trainers placed on Informal Improvement Plans;
(3) Number of i-ACT Trainers who successfully completed their Informal Improvement Plans;
(4) Number of i-ACT Trainers who did not complete or unsuccessfully completed their Informal
Improvement Plans and were referred to the WSART QAS for further action.
c. Outcome Reporting
The Contractor shall report to the JR Juvenile Court Program Administrator at the completion of
services to i-ACT Trainers the following information:
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 18
(1) The frequency of participation of each Juvenile Court's i-ACT Trainers participation in telephone
consultation;
(2) Any changes in the Juvenile Courts' i-ACT program.
DCYF Program Contact
The Contractor shall notify the DCYF Program Contact listed below for any questions or issues related
to services under this contract:
Cory Redman
Juvenile Court Programs Administrator
Juvenile Rehabilitation - HQ
360.902.8079
Red maCA �dshs.wa.gov
4. Consideration
Total consideration payable to Contractor for satisfactory performance of the work under this Contract
is up to a maximum of $12,640.00 including any and all expenses, and shall be based on the following:
a. The maximum consideration payable for Fiscal Year 2021 is $12,640.00. Funds not expended in
Fiscal Year 2021 cannot be carried over to the following Fiscal Year.
b. The Contractor shall be paid $40.00 per hour for clinical consultation services and payment shall be
based upon the JR Juvenile Court Program Administrator receipt and approval of monthly summary
report.
c. The Contractor shall only be reimbursed for travel costs pre -approved in writing by the JR Juvenile
Court Program Administrator.
Department of Children, Youth & Families
2017CF County Program Agreement 6-24-20 Page 19