HomeMy WebLinkAboutCenter for Children and Youth Justice JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Lorraine Rimson,
Superior Court Commissioner
DATE:
J 6 - 3Gq
SUBJECT: Contract with Center for Children and Youth Justice ("CCYJ")
STATEMENT OF ISSUE:
The Superior Court wishes to enter into a contract with CCYJ to facilitate program planning for the Safe
Babies Approach ("Services")within Tribal Communities in the North Peninsula area.
BACKGROUND:
In support of the national Infant-Toddler Court Program (ITCP)'s priorities to continue and expand
research-based infant-toddler court (ITC) teams to change child welfare practices and improve the early
developmental health and wellbeing of infants, toddlers, and their families, the Jefferson County Superior
Court will develop and facilitate an assessment and planning process in the North Peninsula region, to
determine if, and how, the Safe Babies Approach can be adapted to meet the needs of Tribal Communities
in the area. This process will culminate in a report that outlines the structure of the future program, how it
aligns with the Core Components of the Approach and HRSA funding requirements, and the Tribal
Communities agreeing to participate. (From Exhibit A, Statement of Work as set forth in the proposed
Contract.)
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
None anticipated at this time. This is a grant-funded contract.
RECOMMENDATIONS:
The Superior Court requests that the Board approve the contract.
REVIEWED BY:
ris7`70 /
Mark McCauley, un Administrator y ty Date
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CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Center for Children&Youth Justice Contract No: CCYJ
Contract For: Safe Babies Approach Services within Tribal Communities Term: Jan 1 - June 30, 2024
COUNTY DEPARTMENT: Superior Court
Contact Person: Lorraine Rimson
Contact Phone: 102
Contact email: LRimson@co.jefferson.wa.us
AMOUNT: N/A PROCESS: Exempt from Bid Process
Revenue: _ Cooperative Purchase
Expenditure: _ Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# RFPorRFQ
Munis Org/Obj I Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C t PL'AN• WITJ C ." .080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A:D �; � r / /9 ;l�'
ignature Date
STEP DEPARTMENT CERTIFI S THE P POS R CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS OT BEE DE R B A FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: l N/A: 2 r / .� 9 •
ignature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/24/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/19/2024.
PAO Approval as to form 01/19/2024
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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Professional Services Agreement
BETWEEN
The Center for Children&Youth Justice
and
Jefferson County and Jefferson County Superior Court
This Professional Services Agreement ("Agreement") is made between the Center for
Children &Youth Justice ("CCYJ"), and Jefferson County and Jefferson County Superior
Court ("Jefferson County") in consideration of the mutual benefits, terms, and
conditions specified below.
1. Scope of Services: Under this agreement, for the period defined below,Jefferson
County shall facilitate program planning for the Safe Babies Approach ("Services") within
Tribal Communities in the North Peninsula area, as outlined and incorporated herein by
reference in Exhibit A—Statement of Work.
2. Definitions:
A. "Early Childhood Court (ECC)" means a therapeutic court as defined in RCW 2.30
that provides an intensive court process for families with a child under age three
who has been found dependent pursuant to chapter 13.34 RCW.
B. "Infant-Toddler Court Program" means the Infant Toddler Court Program
administered by the Health Resources & Services Administration ("HRSA"), the
purpose of which is to continue and expand research-based infant-toddler court
(ITC) teams to change child welfare practices and improve the early
developmental health and well-being of infants, toddlers, and their families.
C. "Jefferson County" means Jefferson County and Jefferson County Superior Court.
D. "Jefferson County Representative" means the Superior Court Judge of Jefferson
County.
E. "North Olympic Peninsula and Quimper Peninsula Area" means the area that
includes the Reservations and Lands of the Port Gamble S'Klallam Tribe, Lower
Elwha Klallam Tribe, Makah Tribe,Jamestown S'Klallam Tribe, Hoh Tribe, and
Quileute Tribe and that includes but is not defined by the boundaries of Clallam
and Jefferson Counties.
F. "Safe Babies Approach" or "Services" means ZERO TO THREE's Safe Babies
approach, the goal of which is to prevent maltreatment and neglect of babies and
toddlers and to keep families together.
G. "Tribal Community or Communities" means the following Indian Tribes: Port
Gamble S'Klallam Tribe, Lower Elwha Klallam Tribe, Makah Tribe,Jamestown
S'Klallam Tribe, Hoh Tribe, and Quileute Tribe.
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3. Performance Period: This agreement shall be in effect for a period beginning January
1, 2024, and ending on June 30, 2024.
4. Compensation and Method: CCYJ shall compensate Jefferson County for completed
work and for services rendered as follows:
(a) As payment for the services specified herein,Jefferson County shall be paid
$5,000 on a monthly basis for the term of the agreement. Total compensation for
the duration of the agreement for services rendered shall not exceed $30,000.00.
Except as otherwise set forth in this Agreement,Jefferson County shall be solely
responsible, and will not be reimbursed by CCYJ, for any costs,fees, and/or
expenses incurred in rendering the services required hereunder.
(b) Invoices shall be submitted by the 14th day of every month for the preceding
month. Properly prepared and presented invoices will be paid by CCYJ. Payment
terms are net thirty (30) days after CCYJ's receipt of HRSA reimbursement
funding. The final invoice must be submitted no later than the fourteenth (14th)
calendar day after the expiration or termination of this Agreement. The final
invoice for the services outlined in this Agreement should be submitted no later
than July 14, 2024.
(c) All Jefferson County invoices must be accompanied by the information requested
in the Monthly Site Report template, which format is incorporated by this
Agreement as Exhibit B.
(d) All Jefferson County invoices must include: (a) an invoice number and date, and
(b) a brief description of invoiced work.
(e) All invoices must be signed by the Jefferson County representative, who shall
certify that the invoiced amounts are accurate and that Jefferson County has in its
possession records for all amounts for which payment is requested. Each
Jefferson County invoice shall be emailed to invoice@ccvi.org.
(f) Total compensation for all services shall not exceed $30,000.00.
(g) This Agreement is funded through grant funding provided by the Department of
Health and Human Services, Health Resources and Services Administration
(HRSA). All work completed under this contract must comply with Exhibit C,
which is incorporated herein by reference, as if set out in full.
(h) All records and accounts pertaining to this Agreement by CCYJ must be kept
available for inspection by representatives of the County and the state for a
period of six (6) years after final payment. Copies shall be made by CCYJ upon
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request by the County. This provision shall survive the term of the Agreement
and any termination or expiration of this Agreement.
5. Independent Contractor. This Agreement does not create an employment relationship
between Jefferson County or any of its officers, agents, or employees, and CCYJ. In
providing services under this Agreement,Jefferson County is an independent contractor,
neither Jefferson County nor its officers, agents, or employees are employees of CCYJ for
any purpose and no employee relationship shall be created between Jefferson County
and CCYJ pursuant to this Agreement.
Jefferson County will retain the right to perform similar services for other entities during
the term of this Agreement, provided that the performance of such services for other
entities does not result in added cost to CCYJ, delay or interfere with the performance of
the services for CCYJ, create a conflict of interest with CCYJ, or otherwise affect Jefferson
County compliance with the terms and conditions of this Agreement.
6. Intellectual Property and Confidentiality. In connection with the Agreement,
Jefferson County shall: (a) share any Confidential Information only with those employees
with an absolute need to know to perform the Services; (b) hold CCYJ's Confidential
Information in strict confidence; (c) hold individual's Confidential Information
confidential in accordance with applicable law; and (d) use all Confidential Information
only as necessary to perform the Services. This provision is limited by the requirements
of the Washington Public Records Act, chapter 42.56 RCW, applicable to Jefferson
County.
The obligations of Jefferson County pursuant to this Section shall survive any termination
or expiration of this Agreement. In the event of any violation of this Section, in addition
to any other rights and remedies, CCYJ is entitled to seek immediate injunctive relief.
Confidential information is defined as financial and other information of CCYJ and
information about persons, including names, addresses, mental and physical health data,
family history and other like information of a private or confidential nature. This
definition is limited by the Washington Public Records Act, chapter 42.56 RCW,
applicable to Jefferson County.
7. Product Ownership. At the completion of the project, all work products, with the
exception of financial and accounting records, shall become the property of CCYJ.
8. Regulations and Requirements. Jefferson County and CCYJ will comply with all
applicable laws, rules, regulations, ordinances, and/or codes of the United States of
America and the State of Washington. Exhibit C-- HHS Terms and Conditions 2023-24 is
incorporated by this reference.
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9. Non-Discrimination Clause. Jefferson County shall not discriminate in its work on
account of race, color, national origin, religion, creed, age, gender, sexual orientation,
material status, sex, or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
10. Debarment: By signing this Agreement,Jefferson County certifies that it is not
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal (Executive Order 12549), state, or city
department or agency.Jefferson County also agrees to include the above requirement in
any and all subcontracts in which it enters.Jefferson County shall immediately notify
CCYJ if it becomes debarred.
9. Domestic Preferences for Procurement. As appropriate and to the extent consistent
with law, Contractor should, to the greatest extent practicable under a Federal award,
provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section must
be included in all subawards including all contracts and purchase orders for work or
products under this award.
11. Modifications. Neither party may assign or transfer this Agreement or any rights or
obligations hereunder without the prior written consent of the other party. Changes to
this Agreement, including the total amount of compensation, the scope of work, and the
contract duration, must be mutually agreedwritingby
to in the signatories hereto and
subject to the same formality as adoption of the Agreement. Section headings are
inserted for convenience only and do not affect the terms of this Agreement.
12.Termination. Either party shall have the right to terminate this Agreement for any
reason by giving 10 days' written notice to the other party.
13. Governing Law/Venue. The parties agree that any disputes concerning this
Agreement will be resolved in King County Superior Court and that any such disputes
relating to this Agreement are to be governed by and enforced according to the laws of
the State of Washington.
14. Indemnity. For its comparative liability, each party agrees to defend, indemnify and
hold the other Party, its officers, officials, employees, agents and volunteers (and their
marital communities) harmless from and against any claims, injuries, damages, losses,
suits, or expenses, including but not limited to court costs, attorney's fees, and
alternative dispute resolution costs, for any personal injury, for any bodily injury,
sickness, disease, or death and for any damage or destruction of property (including the
loss of use resulting therefrom) which are alleged or proven to be caused by an act of
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omission, negligent or otherwise of its officers, officials, employees, agents or volunteers
(and their marital communities). A Party shall not be required to indemnify, defend, or
hold the other Party or its officers, officials, employees, agents or volunteers (and their
marital communities) harmless if the claim, damage , loss or expense for personal injury,
for any bodily injury, sickness, disease or death or for any damage or destruction of
property (including the loss of use resulting therefrom) is caused by the sole act or
omission of the Other Party or its officers, officials, employees, agents or volunteers. If
any concurrent act occurs or omission of the Parties and their officers, officials,
employees, agents, and volunteers, negligent or otherwise, these indemnity provisions
shall be valid and enforceable only for the comparative liability of each Party and its
officers, officials, employees, agents or volunteers. The Parties agree to maintain a
consolidated defense to claims made against them and to reserve all indemnity claims
against each other until after liability to the claimant and damages are adjudicated. If
any claim is resolved by voluntary settlement and the Parties cannot agree upon
apportionment of damages and defense costs, they shall submit apportionment to
binding arbitration. The indemnification obligations of the Parties shall not be limited by
the Washington State Industrial Insurance Act, Title 51 RCW, or by application of any
other workmen's compensation act, disability benefit act, or other employee benefit act.
Each Party expressly waives any immunity afforded by such acts to the extent required
by a Party's obligations to indemnify, defend and hold harmless the other Party, its'
officers, officials, employees, agents and volunteers (and their marital communities). A
Party's waiver of immunity does not extend to claims made by its own employees
directly against that Party as employer. The indemnity provisions of this section are a
material inducement to enter into this Agreement and have been mutually negotiated.
This section shall survive the expiration or termination of this Agreement.
15. Insurance. Each party certifies that it is adequately insured and shall be responsible
for losses for which it is found liable.
16. Notices. All notices or other communications which any party desires or is required
to give shall be given in writing and shall be deemed to have been given if hand-
delivered, sent by facsimile, email, or mailed by depositing in the United States mail,
prepaid to the party at the address listed below or such other address as a party may
designate in writing from time to time. Notices shall be sent to the following addresses:
CCYJ: JEFFERSON COUNTY:
Morgan Silverman Brandon Mack
Director of Innovation Superior Court Judge
msilverman@ccyj.org bmack@co.jefferson.wa.us
300 Elliott Avenue W, Suite 360 1820 Jefferson Street
P.O. Box 1220
Seattle, WA 98119 Port Townsend, WA 98368
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17. Entire Agreement. This Agreement, and all attachments referenced herein,
constitutes the entire agreement between the parties with respect to the subject matter
hereof and supersedes all previous negotiations, proposals, commitments, writings, and
understandings, whether written or oral.
18. No Assignment. Neither party shall subcontract or assign any services or obligations
covered by the Agreement without the express written consent of the other party.
Assignment does not include printing or other similar expenses that may be necessary to
perform work under the Agreement.
19. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach
by either party, whether express or implied, shall constitute a consent to, waiver of, or
excuse of any other, different, or subsequent breach by either party. Waiver by any party
of any provision of this Agreement or any time limitation provided for in this Agreement
shall not constitute waiver of any other provision.
20. Disputes. The parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the County Risk Manager, whose decision in the matter shall be final, but shall be subject
to judicial review. If either party deem it necessary to institute legal action or proceeding
to enforce any right or obligation under this Agreement, each party in such action shall
bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated
in the Superior Court of the State of Washington for King County. The parties agree that
all questions shall be resolved by application of Washington law and that the parties have
the right of appeal from such decisions of the Superior Court in accordance with the laws
of the State of Washington. Both parties hereby consent to the personal jurisdiction of
the Superior Court of the State of Washington for King County.
21. Section Headings.The headings of the sections of this Agreement are for convenience
of reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
22. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
23. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
24. No Assignment. CCYJ shall not sell, assign, or transfer any rights obtained by this
Agreement without the express written consent of the County.
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25. No Third-party Beneficiaries.The parties do not intend,and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
26. Signature in Counterparts. The parties agree that separate copies of this Agreement
may be signed by each of the parties and this Agreement shall have the same force and
effect as if all the parties had signed the original.
27. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
28. Arms-Length Negotiations. The parties agree that this Agreement has been
negotiated at arms-length,with the assistance and advice of competent,independent legal
counsel.
29. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,
to the extent any record, including any electronic,audio, paper or other media, is required
to be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW,as may hereafter be amended,CCYJ agrees to maintain all records
constituting public records and to produce or assist the County in producing such records,
within the time frames and parameters set forth in state law. CCYJ further agrees that
upon receipt of any written public record request, CCYJ shall, within two business days,
notify the County by providing a copy of the request per the notice provisions of this
Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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IN WITNESS THEREOF,the parties hereto have caused this Agreement to be duly
executed, such parties acting by their representatives being thereunto duly authorized.
JEFFERSON COUNTY WASHINGTON CENTER FOR CHILDREN &
YOUTH JUSTICE
Board of County Commissioners
Jefferson County, Washington
f Doc uS,gned by
Bf166'r 0.'608"6A
Kate Dean Chair Date Rachel Sottile, MS
Rachel sottile
Name:
Heidi Eisenhour, Commissioner Date Title: President&CEO
01/18/2024
Date:
Greg Brotherton, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway, CMC Date
Clerk of the Board
Approved as to form only:
`b -.7) 1/19/2024
Barbara D. Ehrlichman Date
Civil Deputy Prosecuting Attorney
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Exhibit A
Statement of Work
Goal: In support of the national Infant-Toddler Court Program (ITCP)'s priorities to continue and
expand research-based infant-toddler court(ITC)teams to change child welfare practices and
improve the early developmental health and wellbeing of infants,toddlers, and their families,the
Jefferson County Superior Court will develop and facilitate an assessment and planning process in
the North Peninsula region,to determine if, and how,the Safe Babies Approach can be adapted
to meet the needs of Tribal Communities in the area.This process will culminate in a report that
outlines the structure of the future program, how it aligns with the Core Components of the
Approach and HRSA funding requirements,and the Tribal Communities agreeing to participate.
The Center for Children&Youth Justice (CCYJ), in collaboration with the Washington State
Administrative Office of the Courts (AOC) (collectively known as the State Team),will support the
Jefferson County Superior Court in developing expertise in the Safe Babies approach and the
activities and structure of the Early Childhood Courts in Washington State,as well as provide
connection to current stakeholders engaged in this process and information regarding HRSA
funding guidelines and expectations.Additional support will be provided in training,technical
assistance,and coordination (as necessary).
The scope of work for the Jefferson County Superior Court includes the following activities:
1. Identify one individual to lead this process in the North Peninsula region and serve as the
primary contact for CCYJ. Superior Court Judge Brandon Mack will make the
appointment.
• Meet monthly with CCYJ and other State Team members,as necessary,to
provide regular updates on plans and progress.
• Work collaboratively with judicial officers within the Jefferson County Superior
Court to leverage current relationships and outreach new and potential
connections to Tribal Communities in the region.
• Complete a monthly written report that briefly outlines the activities,
accomplishments, and challenges experienced within the month,as well as
provide some minimal data reporting.The report template at Exhibit B—
Monthly Site Report and should be emailed to enicewonger@ccyj.org by the 5th
of the following month.
2. Develop expertise in the Safe Babies Approach,so as to have a complete and nuanced
understanding of the creative opportunities available within this project. Additionally,
hold an understanding of the expectations and limitations of the HRSA funding and the
scope of the project.
• Collaborate with CCYJ staff and State Team members for training and technical
assistance.
• Attend trainings and individual consultations provided by National ZERO TO
THREE to increase knowledge of their work,the core components of the Safe
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Babies Approach, and activities that are key to successful court programs across
the country.
• Observe current ECC dockets, either in-person or via web-based platforms
• As possible, participate in at least one Community of Practice calls for Judges,
facilitated by the National Council of Juvenile and Family Court Judges.
3. Facilitate a community-based, inclusive process that works collaboratively with Tribal
Communities in the region,gathering information, insights, and local expertise on the
needs of Tribal Communities, specific to infants and toddlers, ages zero to three, and
their families who are either entering the Dependency systems,or at risk of entering the
Dependency system.
• Identify the varying and unique needs of the various Tribal Communities, and
gather recommendations for ways those needs can be met.
. Outreach communities in a flexible manner—and in alignment with what
works best for the variety of individuals,Tribes, elders,community
service providers, and other local stakeholders—either attending in
person,over zoom, and individual or group meetings.
• Schedule, coordinate, and facilitate meetings and roundtable discussions.
• Coordinate with CCYJ for any necessary training or technical assistance that can
be provided, either within communities (for example, requesting the State Team
provide a presentation on the Core Components during a roundtable)or in
support of this assessment process (for example,working with the National
Indian Child Welfare Association ("NICWA")to develop an agenda for a
roundtable).
4. Attend trainings provided by NICWA—either live or recorded—regarding Native history,
Cross Cultural Communication,and other salient topics related to outreaching,engaging
with, and collaborating with Tribal Communities.
• Work with CCYJ to access individual consultation with NICWA, as needed.
5. Produce a final report that outlines the recommendations for utilizing the HRSA funds to
implement the Approach in the region.The report should include:
• Key activities of the assessment process, including a summary of the areas of
need identified by each Tribal Community
• An outline of the proposed project, including the geographic region to be served
• Key components of the proposed project
• How the program aligns with the Early Childhood Court work in Washington
State and the Core Components of the Safe Babies Approach
• A list of Tribal Community members,and other community stakeholders and
experts, who participated in the planning process
• An additional list of the Tribes agreeing to participate in the proposed program
• A budget outlining how the proposed program falls within the HRSA funding
allotted to the County.
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Exhibit B
Jefferson County Superior Court
Monthly Site Report
Reporting Month:
Person completing report:
Please outline the primary activities that occurred this month.
What were some of the biggest accomplishments this month?
What are some of your biggest challenges this month? Please note if, and what, kinds
of support can be provided by CCYJ,AOC, National ZERO TO THREE, HRSA, or other
partnering organizations.
Please share a 2-3 sentence project update for this month's ECC Newsletter sent to
statewide stakeholders.This can include a brief"snapshot"of your work over the
month, recent activities, celebrations, challenges your team is seeking to address,
upcoming events, or other announcements.
Please provide the following data:
Number of family or community representatives engaged in program
advisory or leadership activities this month (including ACT, leadership,
and family team meetings)
Number of P-3-serving professionals reached through outreach,
training, or TA activities, disaggregated by role (e.g.,judge, attorney,
child welfare worker, health provider) this month (including meetings
with potential new community partners, SBCT trainings, and outreach
of new SBCT providers)
Please return this form to Emily Nicewonger at enicewonger@ccyj.org.
Forms should be returned by the 5thh of each month,for the previous months'reporting.
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Exhibit C-- HHS Terms and Conditions
HHS Health Resources and Services Administration
Incorporated by Reference
The following terms required by federal law are incorporated by reference into the
Agreement as if set out in full:
Funding for this Agreement is authorized under Social Security Act, Title V, §501(a)(2) (42
U.S.C. §701(a)(2)), as amended.
Vendor must comply with all terms and conditions outlined in this Agreement, including
the policy terms and conditions in applicable Department of Health and Human Services
(HHS) Grants Policy Statements, and requirements imposed by program statutes and
regulations and HHS grant administration regulations, applicable; as well as any
requirements or limitations in any applicable appropriations acts.
All discretionary awards issued by HRSA on or after October 1, 2006, are subject to the
HHS Grants Policy Statement (HHS GPS) unless otherwise noted in the Notice of Award
(NoA). Parts I through Ill of the HHS GPS are currently available at
http://www.hrsa.gov/grants/hhsgrantspolicy.pdf.
Please note that the Terms and Conditions explicitly noted in the award and the HHS GPS
are in effect.
This Agreement is subject to 45 CFR 75 Uniform Administrative Requirements, Cost
Principles and Audit Requirements for HHS Awards, as applicable:
https://www.ecfr.gov/cgi-bin/text-
idx?SI D=30621845bd2ad83c59830acc38c63470&mc=true&node=pt45.1.75&rgn=div5.
This Agreement is subject to the requirements of 48 CFR 3.908 (found at
http://www.ecfr.gov)implementing section 828 of the National Defense Authorization Act
(NDAA) for Fiscal Year 2013 (Pub. L. 112239, enacted January 2, 2013) entitled "Pilot
Program for Enhancement of Contractor Employee Whistleblower Protections" apply to
this award. This notice requires that Subrecipients inform their employees in writing of
employee whistleblower rights and protections under 41 U.S.C. 4712 in the predominant
native language of the workforce. The details of 41 U.S.C. 4712 can be found at
http://uscode.house.Rov/browse.xhtml.
HRSA requires recipients of Federal fund to use the following acknowledgement and
disclaimer on all products produced by HRSA grant funds:
"This [project/publication/program/website] [is/was] supported by the Health
Resources and Services Administration(HRSA)of the U.S. Department of Health and
Human Services(HHS)as part of an award totaling$XX with xx percentage financed
with nongovernmental sources. The contents are those of the author(s) and do not
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necessarily represent the official views of, nor an endorsement, by HRSA, HHS or the
U.S. Government."
Recipients are required to use this language when issuing statements, press releases,
requests for proposals, bid solicitations, and other HRSA supported publications and
forums describing projects or programs funded in whole or in part with HRSA funding.
Examples of HRSA supported publications include, but are not limited to, manuals,toolkits,
resource guides, case studies and issues briefs. Additional information can be found at:
https://www.hrsa.gov/grants/manage/acknowledge-hrsa-funding
Subrecipients of Federal funds are subject to the strictures of the Medicare and Medicaid
anti-kickback statute (42 U.S.C. 1320a-7b(b))and should be cognizant of the risk of criminal
and administrative liability under this statute,specifically under 42 U.S.C. 1320-7b(b)Illegal
remunerations which states, in part, that whoever knowingly and willfully: (A) Solicits or
receives(or offers or pays)any remuneration (including kickback, bribe, or rebate)directly
or indirectly, overtly or covertly, in cash or in kind, in return for referring(or to induce such
person to refer)an individual to a person for the furnishing or arranging for the furnishing
of any item or service, OR (B) In return for purchasing, leasing,ordering, or recommending
purchasing, leasing, or ordering, or to purchase, lease, or order, any goods, facility,
services, or item.... For which payment may be made in whole or in part under subchapter
XIII of this chapter or a State health care program, shall be guilty of a felony and upon
conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than
five years, or both.
Executive Order 13166, August 11, 2000, requires recipients receiving Federal financial
assistance to take steps to ensure that people with limited English proficiency can
meaningfully access health and social services. A program of language assistance should
provide for effective communication between the service provider and the person with
limited English proficiency to facilitate participation in, and meaningful access to, services.
The obligations of recipients are explained on the OCR website at:
https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-
proficiency/index.html.
This Agreement is subject to the requirements of Section 106 (g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the term, go to
https://www.hrsa.gov/sites/default/files/hrsa/grants/manage/trafficking-in-persons.pdf.
If you are unable to access this link, please contact the Project Director identified in this
Agreement.
To serve persons most in need and to comply with Federal law, services must be widely
accessible. Services must not discriminate on the basis of age, disability, sex, race, color,
national origin or religion. The HHS Office for Civil Rights provides guidance to grant and
cooperative agreement recipients on complying with civil rights laws that prohibit
discrimination on these bases.
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Please see https://www.hhs.gov/civil-rights/for-individuals/index.html. HHS also provides
specific guidance for recipients on meeting their legal obligation under Title VI of the Civil
Rights Act of 1964, which prohibits discrimination on the basis of race, color or national
origin in programs and activities that receive Federal financial assistance (P. L. 88-352, as
amended and 45 CFR Part 75). In some instances, a recipient's failure to provide language
assistance services may have the effect of discriminating against persons on the basis of
their national origin.
Please see the link below to learn more about the Title VI requirement for grant and
cooperative agreement recipients to take reasonable steps to provide meaningful access
to their programs and activities by persons with limited English proficiency.
https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-
proficiency/index.html
This award is subject to requirement as set forth in 2 CFR 25. It is incumbent that you, if
you are a Subrecipient, to maintain the accuracy/currency of your information in the SAM
at all times during which your entity has an active Subaward or an application or plan under
consideration, unless your entity is exempt from this requirement under 2 CFR 25.110.
Additionally, this term requires your entity to review and update the information at least
annually after the initial registration, and more frequently if required by changes in your
information. Note: SAM information must be updated at least every 12 months to remain
active. Register at www.SAM.gov.
In any grant-related activity in which family, marital, or household considerations are, by
statute or regulation, relevant for purposes of determining beneficiary eligibility or
participation, grantees must treat same sex spouses, marriages, and households on the
same terms as opposite sex spouses, marriages, and households, respectively. By "same
sex spouses," HHS means individuals of the same sex who have entered into marriages
that are valid in the jurisdiction where performed, including any of the 50 states, the
District of Columbia, or a U.S. territory or in a foreign country, regardless of whether or
not the couple resides in a jurisdiction that recognizes same sex marriage. By "same sex
marriages," HHS means marriages between two individuals validly entered into in the
jurisdiction where performed, including any of the 50 states,the District of Columbia, or a
U.S. territory or in a foreign country, regardless of whether or not the couple resides in a
jurisdiction that recognizes same sex marriage. By "marriage," HHS does not mean
registered domestic partnerships, civil unions or similar formal relationships recognized
under the law of the jurisdiction of celebration as something other than a marriage. This
term applies to all grant programs except block grants governed by 45 CFR part 96 or 45
CFR Part 98, or grant awards made under titles IVA, XIX, and XXI of the Social Security Act;
and grant programs with approved deviations.
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Subrecipients must maintain adequate property and equipment records in accordance
with 45 CFR 75. A Real Property Report is due annually. The Tangible Personal Property
Report is required at Award closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SI D=1a98b9bd3c1a44cc801c7b67032a4a3c&mc=true&node=sg45.1.75 1310 675 1
315.sg1&rgn=div7
The Further Consolidated Appropriations Act, 2020, Division H, §202, (P.L.116-94)enacted
December 20, 2019, restricts the amount of direct salary that may be paid to an individual
under a HRSA grant and cooperative agreement to a rate no greater than Executive Level
II of the Federal Executive Pay Scale. Effective January 2020, the Executive Level II salary
level is $197,300. This amount reflects an individual's base salary exclusive of fringe
benefits. An individual's institutional base salary is the annual compensation that the
recipient organization pays an individual and excludes any income an individual may be
permitted to earn outside the applicant organization duties. HRSA funds may not be used
to pay a salary in excess of this rate. This salary limitation also applies to subrecipients
under a HRSA grant or cooperative agreement. The salary limitation does not apply to
payments made to consultants under this award although, as with all costs, those
payments must meet the test of reasonableness and be consistent with the recipient's
institutional policy. None of the awarded funds may be used to pay an individual's salary
at a rate in excess of the salary limitation. Note: an individual's base salary, per se, is NOT
constrained by the legislative provision for a limitation of salary.The rate limitation simply
limits the amount that may be awarded and charged to HRSA grants and cooperative
agreements. For individuals whose salary rates are in excess of Executive Level II, the
nonfederal entity may pay the excess from nonfederal funds.
Consistent with 45 CFR 75.113, subrecipients must disclose, in a timely manner, in writing
to CCYJ and the HHS Office of Inspector General (OIG), all information related to violations
of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting
the federal award. Disclosures must be sent in writing to CCYJ and to the HHS OIG at the
following addresses:
Center for Children &Youth Justice
ATTN: Catherine Musangi, Vice President of Mission Support
300 Elliott Ave West, Suite 360
Seattle, WA 98119
cmusangi@ccyj.org(Include "Mandatory Grant Disclosures" in subject line)
and
U.S. Department of Health and Human Services
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Office of Inspector General
ATTN: Mandatory Grant Disclosures, Intake Coordinator
330 Independence Avenue, SW, Cohen Building, Room 5527
Washington, DC 20201
Fax: (202) 205-0604 or
Email: MandatoryGranteeDisclosures@oig.hhs.gov (Include "Mandatory Grant
Disclosures" in subject line)
Failure to make required disclosures can result in any of the remedies described in 45 CFR
75.371 Remedies for noncompliance, including suspension and debarment(See also 2 CFR
parts 180 & 376 and 31 U.S.C. 3321).
If the total Federal share of this Agreement is more than $500,000 over the period of
performance, Appendix XII to CFR Part 45 is applicable to this award, Recipient Integrity
and Performance Matters, which requires Subrecipient to report certain civil, criminal, or
administrative proceedings to www.sam.gov. Failure to make required disclosures can
result in any of the remedies described in §75.371, including suspension or debarment.
(See also 2 CFR parts 180 and 376, and 31 U.S.C. 3321).
The DHHS Inspector General maintains a toll-free hotline for receiving information
concerning fraud, waste, or abuse under grants and cooperative agreements. Such reports
are kept confidential and callers may decline to give their names if they choose to remain
anonymous. Contact: Office of Inspector General, Department of Health and Human
Services, Attention: HOTLINE, 330 Independence Avenue Southwest, Cohen Building,
Room 5140, Washington, D. C. 20201, Email: Htips@os.dhhs.gov or Telephone: 1-800-447-
8477 (1-800-HHS-TIPS).
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