PRHSPSC PKT 04-09-2013 City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
April 9, 2013 City Hall
5:30 p.m. Hylebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT(3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Action Council
Topic Title/Description Presenter Page or Info Date
A. Approval of Minutes: March 12, 2013 3 Action N/A
B. DDD Interlocal Contract— Respite Shaw Action Consent
5 4/16
C. Landscape Bid Awards Ikerd Action Consent
27 4/16
D. Amend Federal Way Revised Code(FWRC)Title 6,"Public Safety Pearsall Action Consent
and Welfare" 31 4/16
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
• Concept of Housing in South King County
• Festival Days
6. NEXT MEETING: Tuesday, May 14, 2013 5:30pm — Hylebos Conference Room
7. ADJOURNMENT
Committee Members City Staff
Susan Honda, Chair Cary M. Roe,P.E.,Director of Parks,Public Works and Emergency Management
Jeanne Burbidge Mary Jaenicke,Administrative Assistant II
Kelly Maloney 1
K:\PRHSPS Committee\2013\040913 prhsps ag.doc
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City of Federal Way
City Council
PARKS,RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday,March 12,2013
5:30 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda,Committee member Burbidge,Committee member Maloney
Council members in Attendance: Council member Noble-Gulliford
Staff Members in Attendance: Cary Roe,Director,Parks, Public Works&Emergency Management,Brian Wilson,
Chief of Police,Amy Jo Pearsall,City Attorney,Jay Bennett,Community Services Manager,Jean Stanley,Human
Resources Manager,Denise Catalano,Human Services Technician, Steve Ikerd,Parks&Facilities Manager,and
Mary Jaenicke,Administrative Asst. II.
Guests: Steven Kovach—Friends for Cancer Care,Jessica Sire and Erika Skeen—Relay for Life,Mike Park—
Korean School of Federal Way,Bob Darrigan—Federal Way Lions,Peggy LaPorte—FUSION,Jim Chaffer—
Federal Way Kiwanis,Hee Jung—Federal Way Korean American Association.
Chair Honda called the meeting to order at 5:30p.m.
' Public Comment:
Steven Kovach: Mr. Kovach is with the Friends for Cancer Cure,and they have a Relay for Life Team.They have
an annual Crab Feed,which will be held on March 16,2013. It will be held at the Centre of Nor Pointe. His group
has raised over 1/2 million dollars for the Relay for Life. He has applied for the CEG.
Jessica Sire: Ms. Sire works for the American Cancer Society. She works with the volunteers in Federal Way that.
run the local relay for life.There were over 500 FW community members that participated last year.
Erika Skeen: Volunteer on the FW Relay for Life planning committee. Ms. Skeen spoke about the positive effects
that the event has had on her life,and the positive impact it has on the community. At this time there are 31 teams
signed up for the event this year. She is asking the committee to fund the American Cancer Society's grant request.
Mike Park: Spoke regarding the CEG. The original purpose of the funding was to provide funding to smaller non-
profit organizations; it was not for large organizations. Many of the organizations that received a grant are large
organizations. He urged the City Council to consider funding the small non-profit organizations.
Bob Darrigan: The Lion's Club has been providing an Easter Egg Hunt in Federal Way for many years. This has
always been a free event. He would like the Committee to consider funding the Lion's Club for their Easter Egg
Hunt.
Peggy LaPorte: Thanked the committee for reviewing the grant application.The funding that they have asked for
will provide additional support to 16 families. She is asking the Committee to consider their request for funding.
Jim Chaffer: This will be their 57th year that the Kiwanis are sponsoring the Salmon Bake at Steel Lake Park on
July 2011. He asked the Committee to consider their request for funding.
Hee Jung: They applied for a grant to provide funding for a half-day retreat at the Dumas Bay Centre.There are five
Korean organizations in Federal Way that will be attending this retreat. She is asked the Committee to consider their
request for funding.
Commission Comment: None
APPROVAL OF SUMMARY
Committee member Burbidge moved to approve the February committee minutes as written. Committee member
Mahoney seconded. Motion passed.
BUSINESS ITEMS
Recruitment Plan—employment Testing Services Contract
Chief Wilson stated that there are four positions that are currently open. The market is very competitive for hiring
Police Officers. This contract will assist the department in hiring high quality candidates. This is a three year
contract. Some of the services that will be provided are Recruitment and advertising assistance,written examination
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PARKS,RECREATION, HUMAN SERVICES& PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday,March 12,2013 Summary
Page 2
administration,Police Officer physical ability testing and online application process for the candidates both locally
and in other regions. The Civil Service Commission is responsible for the official recruitment and hiring. The
department will still be involved in the hiring process and will continue to do many things such as the interview
process,monitoring the candidates and do background investigations. Ms. Stanley reported that the Civil Service
Commission approves of using this testing service. They advertise and test nationally,so they will be able to reach
candidates in regions that they haven't been able to in the past.
Landscape Bid Awards
Mr. Ikerd stated that the Parks Department has been contracting out for landscape services for many years. This year
they added more parks to the bid,and the bids came back very favorable. 21 parks and sites were a part of the bid
and they had seven companies respond. Total Landscape will have 19 parks and the Dumas Bay Centre. For the
Love of Landscape will provide landscaping services at the Federal Way Community Center.Committee member
Burbidge moved to forward the bid awards of 2 year Landscape Maintenance Agreements in the amount of
$81,149.00 to: Total Landscape Corporation and$16,000.00 to: For the Love of Landscape and authorize the
Mayor to execute said agreements to the full Council March 19,2013 consent agenda for approval.
Committee member Maloney seconded.Motion passed.
2012 CDBG Consolidated Annual Performance Evaluation Report
Mr.Bennett presented the performance report,and reviewed what information is requested in the report. The city is
directly responsible for the planning,administration and execution of projects funded with CDBG monies. This is
the first year that the City was a direct entitlement. Another part of the report is an assessment between consolidated
plan strategies and accomplishments.The City spent$183,012 for the CDBG Program Year 2012. A significant
amount of money was carried forward from 2012 to 2013.This is a result of a large portion of the CDBG Grant was
for economic development activities. Committee member Burbidge moved to forward the Program Year 2012
Community Development Block Grant Consolidated Annual Performance and Evaluation Report to the
March 12,2013 consent agenda for approval.Committee member Maloney seconded.Motion passed.
2013 Community Enhancement Grant Allocations
Mr.Bennett presented the background information. The Human Services Commission evaluated the applications
that were received for the Community Enhancement Grants(CEG). $20,000 in funding was available. The total
amount of requested funds was$46,748.00. Seventeen groups applied last year,and this year thirty-five applications
were received. Chair Honda stated that she is concerned about some of the recommendations that were made. Some
of the groups that were recommended for funding have received funding from other sources. The Human Services
Commission does not receive information regarding funding that the organizations may have already received.
Committee member Burbidge stated that for the future they could request that the Human Services Commission has
that information prior to making funding recommendations. Mr.Bennett stated that it was a very difficult decision,
and there has never been established on what types of organizations should receive funding. The funds were to be
used to fund small projects that had high impact to the community.The Human Services Commission will be asking
City Council for direction for next year's CEG Allocations. Committee member Burbidge stated that the Human
Services Commission does a very thorough job of evaluating the applications,and the Council usually accepts their
recommendations. She would like the whole Council to look at the process and have a conversation as a whole.
After discussion it was decided to forward this onto the March 19 City Council meeting without a recommendation.
Council member Maloney moved to forward the 2013 Community Enhancement Grant Allocations without a
recommendation to the March 19,2013 business agenda without a recommendation. Committee member
Burbidge seconded.Motion passed.
NEXT MEETING
April 9, 2013 at 5:30pm
ADJOURNMENT
Meeting adjourned at 6:20p.m.
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COUNCIL MEETING DATE: April 16, 2013 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:DDD INTERLOCAL CONTRACT—RESPITE
POLICY QUESTION: Should the city enter into an Interlocal Agreement with the Department of Social and
Health Services(DSHS) Division of Disabilities (DDD) for funding recreation services for individuals with
disabilities.
COMMITTEE: PRHSPS MEETING DATE: April 9, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Gina Shaw,Recreation Coordinator DEPT: PRCS
Attachments: Memorandum
Contract(19 pages)
Options Considered:
1. Authorize the City to enter into an interlocal agreement with DSHS — DDD to provide respite care
opportunities through our Inclusive Recreation programs to individuals with disabilities.
2. Do not authorize the City to enter into an Interlocal Agreement with Department of Disabilities, and
provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1: Authorize the city to enter into an Interlocal Agreement with DSHS—
DDD to provide respite care opportunities through our Inclusive Recreation programs to individuals with
disabilities to the full Council,March 19, 2013 consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Co ttee Council Initial
COMMITTEE RECOMMENDATION: I move to forward the authorization for the city to enter into an Interlocal
Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through
recreation services to individuals with disabilities to the full Council, March 19, 2013 consent agenda for
approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval to authorize the city to enter into an Interlocal Agreement
with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation
services to individuals with disabilities"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED -08/12,2010 RESOLUTION#
5
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
Date: April 9,2013
To: Parks,Recreation,Human Services & Public Safety Council Committee
Via: Skip Priest,Mayor
From: Cary Roe,of Director,Parks,Public Works& Emergency Management
Gina Shaw,Community& Inclusive Recreation Coordinator
Subject: DDD Interlocal Contract—Respite
Policy Question
Should the City enter into an Interlocal Agreement with Department of Social & Health Services
(DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for
individuals with disabilities?
Background
The purpose of respite care for the clients of DDD is to provide intermittent relief to persons
providing care for developmentally disabled individuals. The way that we provide this is
through our Inclusive Recreation programs which take place at the Community Center and out
in the community. Programming varies but includes day trips, classes, social clubs, cooking,
camping, theater, and much more. This agreement would allow clients to register for eligible
recreation programs at no charge. DSHS will then reimburse the city for program fees.
Currently, we are serving nearly 30 participants who use these funds from DDD as a way of
paying for our programs.
Options
1. Authorize the City of Federal Way to enter into an Interlocal Agreement with DSHS
Department of Developmental Disabilities to provide respite care opportunities through
recreation services to individuals with disabilities.
2. Decline the authorization for the City to enter into an Interlocal Agreement with DSHS
Department of Developmental Disabilities.
Cc: John Hutton, Recreation Supervisor
6
I_, DSHS Contract Number:
CLIENT SERVICE CONTRACT
1312-72754 gr
R waih e�score Resulting From Solicitation Number:
°��'"�T°� Community Settings Respite Care
x04 11 VEiALTH
SER ICfS (excluding IFS Program Participants)
This Contract is between the State of Washington Department of Social Program Contract Number:
and Health Services (DSHS) and the Contractor identified below. Contractor Contract Number:
SSPS#104021
CONTRACTOR NAME CONTRACTOR doing business as(DBA)
City of Federal Way
CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
BUSINESS IDENTIFIER(UBI)
33325 8th Ave S 70364
Federal Way,WA 98063-9718
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Kevin Hutchinson (253) 835-6927 (253) 835-6929 kevin.hutchinson @cityoffede
ralway.com
DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE
Aging and Disability Services Division of Developmental Disabilities 1803XP-12
Administration
DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS
Gregory Antoine 1700 E Cherry St
Contract Manager Ste 200
Seattle,WA 98122-4633
DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS
(206)568-5685 (206J 722-3334 greg.antoine@dshs.wa.gov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S)
Click here to enter text.
CONTRACT START DATE CONTRACT END DATE CONTRACT MAXIMUM AMOUNT
04/01/2013 03/31/2015 $0.00
EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference:
►4 Exhibits(specify): Exhibit A-Rate Table
❑ No Exhibits.
The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and 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 DSHS only
upon signature by DSHS. .
CONTRACTOR SIGNATURE ' PRINTED NAME AND TITLE DATE SIGNED
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
John Cordy, Business Manager, DDA i
DSHS Central Contract Services
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DSHS General Terms and Conditions
1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the
following definitions:
a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor
section or office.
b. "Confidential Information" or"Data" means information that is exempt from disclosure to the public
or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential
Information includes, but is not limited to, Personal Information.
c. "Contract" or"Agreement" means the entire written agreement between DSHS and the Contractor,
including any Exhibits, documents, or materials incorporated by reference. The parties may execute
this contract in multiple counterparts, each of which is deemed an original and all of which
constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or
successor section or office.
e. "Contractor" means the individual or entity performing services pursuant to this Contract and
includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor"
includes any Subcontractor and its owners, members, officers, directors, partners, employees,
and/or agents.
f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business
entity from participating in transactions involving certain federal funds.
g. "DSHS" or the "Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
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 128 bits.
i. "Personal Information" means information identifiable to any person, including, but not limited to,
information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers,
driver license numbers, other identifying numbers, and any financial identifiers.
j. "Physically Secure" means that access is restricted through physical means to authorized
individuals only.
k. "Program Agreement" means an agreement between the Contractor and DSHS containing special
terms and conditions, including a statement of work to be performed by the Contractor and payment
to be made by DSHS.
I. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or
sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters
can be accessed at http://apps.leg.wa.gov/rcw/.
m. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
DSHS Central Contract Services
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DSHS General Terms and Conditions
n. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential Information have access. Secured Areas may include buildings, rooms or locked
storage containers (such as a filing cabinet) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
0. "Subcontract" means any separate agreement or contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor
is obligated to perform pursuant to this Contract.
p. "Tracking" means a record keeping system that identifies when the sender begins delivery of
Confidential Information to the authorized and intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. "Trusted Systems" include only the following methods of physical delivery: (1) hand-delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Postal Service ("USPS")first class mail, or USPS delivery services that
include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery
services (e.g. FedEx, UPS, DHL)which offer tracking and receipt confirmation; and (4)the
Washington State Campus mail system. For electronic transmission, the Washington State
Governmental Network (SGN) is a Trusted System for communications within that Network.
r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/.
2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only
personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accordance with this
Contract.
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
the Contractor has charged or will charge another agency of the state of Washington or any other
party for the same services.
5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
6. Confidentiality,
a, The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
Contractor's performance of the services contemplated hereunder, except:
OSHS Central Contract Services
1803XP DOD Respite in Community Settings(5-6-1 1) Page 3
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DSHS General Terms and Conditions
(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person or personal
representative of the person who is the subject of the Personal Information.
b. The Contractor shall protect and maintain all Confidential Information gained by reason of this
Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures, which include restricting access to the
Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view the
Confidential Information.
(2) Physically Securing any computers, documents, or other media containing the Confidential
Information.
(3) Ensure the security of Confidential Information transmitted via fax(facsimile) by:
(a) Verifying the recipient phone number to prevent accidental transmittal of Confidential
Information to unauthorized persons.
(b) Communicating with the intended recipient before transmission to ensure that the fax will be
received only by an authorized person.
(c) Verifying after transmittal that the fax was received by the intended recipient.
(4) When transporting six (6) or more records containing Confidential Information, outside a
Secured Area, do one or more of the following as appropriate:
(a) Use a Trusted System.
(b) Encrypt the Confidential Information, including:
i. Encrypting email and/or email attachments which contain the Confidential Information.
ii. Encrypting Confidential Information when it is stored on portable devices or media,
including but not limited to laptop computers and flash memory devices.
Note: If the DSHS Data Security Requirements Exhibit is attached to this contract,this
item, 6.b.(4), is superseded by the language contained in the Exhibit.
(5) Send paper documents containing Confidential Information via a Trusted System.
(6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this
contract.
c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential
Information shall be returned to DSHS or Contractor shall certify in writing that they employed a
DSHS approved method to destroy the information. Contractor may obtain information regarding
approved destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents with Confidential Information may be recycled through a contracted firm, provided
the contract with the recycler specifies that the confidentiality of information will be protected, and
DSHS Central Contract Services
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DSHS General Terms and Conditions
the information destroyed through the recycling process. Paper documents containing Confidential
Information requiring special handling (e.g. protected health information) must be destroyed on-site
through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
Confidential Information must be reported to the DSHS Contact designated on the contract within
one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions (Debarred). The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
8. Governing Law and Venue.This Contract shall be construed and interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County.
9. Independent Contractor. The parties intend that an independent contractor relationship will be created
by this Contract. The Contractor and his or her employees or agents performing under this Contract are
not employees or agents of the Department. The Contractor, his or her employees, or agents
performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such officer or employee.
10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located. These inspection rights are intended to allow DSHS and the Office of the State
Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable
laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract's termination or expiration.
11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the
performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. All records and other material relevant to this
Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started
before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in
the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the
DSHS Central Contract Services
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DSHS General Terms and Conditions
Contract remains valid and in full force and effect.
14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which,
by their sense and context, are intended to survive the expiration or termination of the particular
agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations;
Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records,
Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and
Treatment of Property.
15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or
Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed
on such funding, DSHS may immediately terminate this Contract by providing written notice to the
Contractor. The termination shall be effective on the date specified in the termination notice.
16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and
conditions of this Contract. Only the DSHS Contracts Administrator or designee has the authority to
waive any term or condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions—Client Service Contracts:
17. Advance Payment. DSHS shall not make any payments in advance or anticipation of the delivery of
services to be provided pursuant to this Contract.
18. Construction. The language in this Contract shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting this Contract.
19. Contractor Certification Regarding Ethics. The Contractor certifies that the Contractor is now, and
shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service, throughout the term of
this Contract.
20. Health and Safety. Contractor shall perform any and all of its obligations under this Contract in a
manner that does not compromise the health and safety of any DSHS client with whom the Contractor
has contact.
21. indemnification and Hold Harmless.
a. The Contractor shall be responsible for and shall indemnify, defend, and hold DSHS harmless from
any and all claims, costs, charges, penalties, demands, losses, liabilities, damages,judgments, or
fines, of whatsoever kind of nature, arising out of or relating to a) the Contractor's or any
Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the
Contractor or any Subcontractor.
b. The Contractor's duty to indemnify, defend, and hold DSHS harmless from any and all claims,
costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines shall include
DSHS' personnel-related costs, reasonable attorney's fees, court costs, and all related expenses
c. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
d. Nothing in this term shall be construed as a modification or limitation on the Contractor's obligation
DSHS Central Contract Services
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DSHS General Terms and Conditions
to procure insurance in accordance with this Contract or the scope of said insurance.
22. Industrial Insurance Coverage. The Contractor shall comply with the provisions of Title 51 RCW,
Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay
premiums or penalties on behalf of its employees, as may be required by law, DSHS may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund. DSHS may deduct the
amount owed by the Contractor to the accident fund from the amount payable to the Contractor by
DSHS under this contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the Contractor.
23. Notice of Overpayment. If the Contractor receives a vendor overpayment notice or a letter
communicating the existence of an overpayment from DSHS, the Contractor may protest the
overpayment determination by requesting an adjudicative proceeding. The Contractor's request for an
adjudicative proceeding must:
a. Be received by the Office of Financial Recovery (OFR)at Post Office Box 9501, Olympia,
Washington 98507-9501, within twenty-eight(28)calendar days of service of the notice;
b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request;
c. Include a statement as to why the Contractor thinks the notice is incorrect; and
d. Include a copy of the overpayment notice.
Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative
Hearings. The Contractor may be offered a pre-hearing or alternative dispute resolution conference in
an attempt to resolve the overpayment dispute prior to the hearing.
Failure to provide OFR with a written request for a hearing within twenty-eight(28)days of service of a
vendor overpayment notice or other overpayment letter will result in an overpayment debt against the
Contractor. DSHS may charge the Contractor interest and any costs associated with the collection of
this overpayment. DSHS may collect an overpayment debt through lien, foreclosure, seizure and sale
of the Contractor's real or personal property; order to withhold and deliver; or any other collection action
available to DSHS to satisfy the overpayment debt.
24. Subcontracting. Except as otherwise provided in this Contract, the Contractor shall not subcontract
any of the contracted services without the prior approval of DSHS. Contractor is responsible to ensure
that all terms, conditions, assurances and certifications set forth in this Contract are included in any and
all Subcontracts. Any failure of Contractor or its subcontractors to perform the obligations of this
Contract shall not discharge the Contractor from its obligations hereunder or diminish DSHS' rights or
remedies available under this Contract.
25. Subrecipients.
•
a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A-133 and this Agreement, the Contractor shalt:
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, name of the federal agency, and name of the
pass-through entity;
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(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
(4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor
and its Subcontractors who are subrecipients;
(5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement
Circular or regulation;
(6) Comply with the applicable requirements of either 2 CFR, Part 225 (OMB Circular A-87) or 2
CFR, Part 230(OMB Circular A-122), and any successor or replacement Circular or regulation;
and
(7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination
Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42,
Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to
http://www.oip.usdoi.aov/about/ocr/statutes.htm for additional information and access to the
aforementioned Federal laws and regulations.)
b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends$500,000 or more in
federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay
for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the DSHS contact person the data collection form and reporting package specified in
OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a
copy of any management letters issued by the auditor;
(2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular
A-133, prepare a "Summary Schedule of Prior Audit Findings."
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with either 2 CFR, Part 225 (OMB Circular
A-87) or 2 CFR, Part 230 (OMB Circular A-122).
26. Termination for Convenience. DSHS may terminate this Contract in whole or in part when it is in the
best interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice. The
Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar
days' written notice addressed to DSHS at the address listed on page 1 of this Contract.
27. Termination for Default. The Contracts Administrator may immediately terminate this Contract for
default, in whole or in part, by written notice to the Contractor if DSHS has a reasonable basis to
believe that the Contractor has:
a. Failed to meet or maintain any requirement for contracting with DSHS;
b. Failed to protect the health or safety of any DSHS client pursuant to the section entitled Health and
Safety of this Contract;
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c Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or
d. Violated any applicable law or regulation.
If it is later determined that the Contractor was not in default, the termination shall be considered a
termination for convenience.
28. Termination or Expiration Procedure. The following terms and conditions apply upon Contract
termination or expiration:
a. The Contractor shall cease to perform any services required by this Contract as of the effective date
of termination or expiration.
b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the
termination notice.
c. The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract,
or to his or her successor, all DSHS property in the Contractor's possession. The Contractor grants
DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any
DSHS property that the Contractor fails to return within ten (10) calendar days of the effective date
of termination or expiration of this Contract. Upon failure to return DSHS property within ten (10)
calendar days, the Contractor shall be charged with all reasonable costs of recovery, including
transportation.
d. DSHS shall be liable only for payment required under the terms of this Contract for service
rendered up to the effective date of termination or expiration.
e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines
necessary to protect DSHS against loss or additional liability.
f. The rights and remedies provided to DSHS in this Section are in addition to any other rights and
remedies provided at law, in equity, and/or under this Contract, including consequential and
incidental damages.
29. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client's personal property.
The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's
property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their
personal property that is appropriate to the client's age, development, and needs. Upon termination of
services to a client, the Contractor shall immediately release to the client and/or the client's guardian or
custodian all of the client's personal property.
30. Treatment of Property. All property purchased or furnished by DSHS for use by the Contractor during
this Contract term shall remain with DSHS. Title to all property purchased or furnished by the
Contractor for which the Contractor is entitled to reimbursement by DSHS under this Contract shall
pass to and vest in DSHS, The Contractor shall protect, maintain, and insure all DSHS property in its
possession against loss or damage and shall return DSHS property to DSHS upon Contract termination
or expiration.
31. Taxes.
a. Where required by statute or regulation, Contractor shall pay for and maintain in current status all
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taxes that are necessary for Contract performance. DSHS will pay sales or use taxes, if any,
imposed on the services and materials acquired hereunder. Contractor must pay all other taxes
including without limitation Washington Business and Occupation Tax, other taxes based on
Contractor's income or gross receipts, or personal property taxes levied or assessed on
Contractor's personal property. DSHS, as an agency of Washington State government, is exempt
from property tax. -
b. Contractor shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Contract in accordance with
the requirements of Title 82 RCW and Title 458 WAC. Out-of-state Contractors must contact the
Department of Revenue to determine whether they meet criteria to register and establish an
account with the Department of Revenue. Refer to WAC 458-20-93 and call the Department of
Revenue at 800-647-7706 for additional information. When out-of-state Contractors are not
required to collect and remit sales tax, DSHS shall be responsible for paying use tax, if applicable,
directly to the Department of Revenue.
c. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance, or other expenses for Contractor or Contractor's staff shall be Contractor's sole
responsibility.
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32_ Definitions. The words and phrases listed below, as used in this Contract, shall each have the
following definitions:
a. "Assistance" means help provide to a client for the purpose of aiding him/her in the performance of
tasks.
b. "Authorized" means approved by a DDD case manager/social worker as evidenced by receipt of an
SSPS Social Services notice.
c. "Case Resource Manager" means the DSHS or DDD worker assigned to a client and who
authorized the services performed under this Contract.
d. "Client" means a person whom DSHS has determined financially and programmatically eligible to
receive services and for whom specific services have been authorized.
e. "Community Settings" means a public place such as community center, senior center, city or county
park and recreation, camps, or adult day care. Service cannot be provided in a private home.
f. "DDD" means the Division of Developmental Disabilities within the DSHS Aging and Disabilities
Service Administration.
g. "In-home respite" means respite provided by a home care agency in the client's home. Upon client
or primary caregiver request, home care agency provider may bring the client into their community.
h. "Individual Support Plan"or"ISP" means a written plan for long term care service delivery. The ISP
identifies ways to meet the Client's needs with the most appropriate services.
i. "Out-of-home respite" means respite provide out of the client's home by a licensed or certified
setting
j. "Personal care services" means those specific services defined in WAC 388-106 provided to DSHS
clients.
k. "Physical Assistance" means the provision of hands-on assistance on the performance of daily
tasks or activities.
I. "Primary Caregiver(s)" or"Caregiver" means the parents, legal guardians or other persons who
have or assume primary responsibility for the necessary care of the client.
m. "Protective Supervision" means supervision to ensure the safety and well being of a client,
exclusive of those responsibilities which should be assumed by a legal guardian.
n. "Provider One" means the DSHS payment system which is scheduled to replace the current SSPS
payment system about November 2012.
o, "Respite Care" means intermittent relief for persons providing care for developmentally disabled
individuals on either an emergency or planned basis.
p. "SSPS" means the Social Service Payment System. the service authorization and payment system
used by DSHS.
q "Transportation Services" means the process of transporting a client from one location to another.
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r. "Unusual Incidents" means a change in circumstances or events that concern a client's safety or
well being. These may include, but are not limited to the following examples: an increased
frequency, intensity, or duration of any medical conditions;, adverse reactions to medication, severe
behavioral incidents that are unlike the client's ordinary behavior, severe injury, running away,
physical or verbal abuse to themselves or others, etc.
33. Purpose.
The purpose of respite care is to provide intermittent relief for persons providing care for individuals
eligible for DDD services, on either an emergency or planned basis, to assist a client to remain in the
least restrictive environment.
34. Contractor Qualifications.
a. The Contractor shall be licensed, registered, and certified as is required by law.
b. Community settings providing respite care must meet the regulations governing their business or
activity.
c. Contractors offered services must be published on website and include;
(1) Identified number of service hours being provided in your program/class/event including
days/date and start and end time;
(2) Identify activities that will occur during program/class/event; and
(3) Published Fee schedule.
d. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as
required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have
unsupervised access to Clients in the course of performing the work under this Contract, the
Contractor will conduct criminal history background checks on those employees.
35. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below:
a. Upon receipt of and in accordance with the provisions of a written service authorization form issued
by DSHS to the Contractor shall:
(1) Provide physical assistance, support and protective supervision to the client in daily routine
activities and to prevent injury to him or herself and to others;
(2) Obtain information about the client's identified needs and care requirements from the parent(s)
or primary caregiver(s) and ensure that the client's needs are met while providing services;
(3) Contact the client's parent or primary caregiver(s) if the Contractor has not heard from them
within seven (7) days of the Contractor's receipt of the service authorization to make
arrangements for specific dates and times of care;
(4) Make arrangement with the primary provider of assistance for emergency medical treatment
should this become a necessity;
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(5) Ensure that the respite care is provided in the specific Community Setting and Respite services
provided are as authorized and outlined in the ISP. If additional hours/services are provided
DSHS is not liable for payment;
(6) Maintain copies of all service authorizations to provide services; and
(7) Complete and maintain copies of the work verification records for all services provided. These
records shall be kept on file by the Contractor for the duration of this Contract and thereafter for
a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring
and/or service verification.
b. The Contractor may also provide transportation to and from the respite services community
resources and agencies as authorized and outlined in the ISP.
c. Maintain transportation records to document the dates, times, destinations, and distances of each
Client's Transportation Services. Upon request, the Contractor shall make the records available to
DSHS or DSHS/designee for review and audit.
d. Maintain sufficient vehicle and passenger insurance coverage in accordance with the requirements
in this Contract.
e. Operate and maintain the transportation vehicles in a manner consistent with protecting and
promoting the Client's health and welfare.
f. Community Settings shall provide all care that assists the client's participation in a safe manner.
g. Contractor shall provide written progress reports as requested by a DDD Case Resource Manager
or per other DDD written guidelines.
h. Contractor shall not require client, client's guardian and/or client's legal representative to enter into
any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises
operation, acts of independent contractors, products completion, or personal injuries sustained due
to contractor's negligence in connection with providing services under this contract unless
contractor, at the same time, requires client, client's guardian and/or client's legal representative to
release the State of Washington and all of its agencies, agents, contractors, servants and
employees from liability for any acts of contractor causing injuries arising out of premises operation,
acts of independent contractors, products completion, or personal injuries sustained due to
contractor's negligence in connection with providing services under this Contract.
i. Contractor shall ensure that they or their care providers possess the following minimum
qualifications:
(1) Be eighteen (18) years of age or older;
(2) Possess the following minimum standards of knowledge and experience
(a) General knowledge of acceptable standards of performance, including the necessity to
perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness
and caring to the client; and
(b) Knowledge of when and how to contact the client's representative and the client's case
manager.
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(3) Adequate skills to read, either directly or through an interpreter, understand, and implement the
services authorized in the plan;
(4) Adequate communication skills to convey and understand, either directly or through an
interpreter, information required to implement the client's written ISP(s) and verbal instructions;
and
(5) Adequate skills to maintain provider records of services performed and payments received,
j. Contractor shall ensure that the care providers are able to:
(1) Understand specific directions for providing the care that an individual client requires;
(2) Provide services within the scope of practice for their profession/skill level;
(3) Observe the client for change in health status, including weakness, confusion, and loss of
appetite;
(4) Identify problem situations and take appropriate action;
(5) Respond to emergencies without direct supervision; and
(6) Accept the client's individual differences and preferences when performing routine tasks.
k. The Contractor shall provide after-service duties, including but not limited to:
(1) Satisfaction Surveys and/or follow-up contact with clients, their families, guardians or primary
caregivers regarding their satisfaction with the services provided. Such surveys or follow up
contact will include a process to document and report responses;
(2) Investigation, documentation and resolution of all complaints or incidents regarding the service
provided; and
(3) Periodic monitoring of service documentation records, verification of provider qualifications, and
of billing and payment data in SSPS, functions and documentation need to be performed in a
manner that can be proven upon inspection.
The Contractor shall make available to DSHS any request for the inspection or verification of the
above mentioned duties for monitoring purposes.
36. Consideration. Total consideration payable to Contractor for satisfactory performance of the work
under this Contract shall be based on the following:
a. The fee for service shall not exceed the rate listed in Exhibit A— Rate Table
b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per
client.
c. In case of a legislatively mandated vendor rate changes, the rates will be adjusted accordingly and
will be incorporated into this Contract on the date the rate(s) become effective. DSHS will provide
written notification of rate changes to the Contractor.
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d. The fee for transportation is an established rate of 0.51 per mile. The monthly payment for all
services provided to any Client will not exceed the amount authorized in the Client's ISP and in the
Social Service Payment System (SSPS). The rate established in this Contract is subject to change
and does not require a contract amendment. Notification of rate changes will be made in a letter
from DSHS to the Contractor. Rates shall not exceed the DSHS Aging and Disability Services
Administration rates published for the Contractor's geographic area. Published rates are not
disputable.
e. DSHS shall reimburse the Contractor as preauthorized for fares and public transportation service at
the actual costs. Such costs must not exceed the preauthorized amount.
37. Billing and Payment.
a. DSHS shall issue invoices generated by SSPS to the Contractor.
b. The Contractor shall indicate on each invoice received from DSHS whether the services were
delivered.
c. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice
Express.
d. The Contractor shall contact the DSHS staff who authorized the services if there is any problem
with the SSPS invoice.
e. DSHS shall use the completed SSPS invoice to generate payment to the Contractor.
f. DSHS shall not pay the Contractor for cancelled or missed appointments or for scheduled hours of
service when clients are not seen or served by the Contractor.
g. DSHS will not pay in advance of services being provided; all payments are contingent on
completion of planned activity.
h. In the event that the Client has fewer waiver resources available than the rate set in Exhibit A, the
client or their family may choose to pay for additional hours of service but may not supplement the
department's rate. The Contractor accepts the DSHS payment rate as sole and complete payment
for the services provided under this Contract.
i. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount
paid shall be considered to be an overpayment.
j. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and
provided through the date of termination.
k. DSHS Provider One payment system is scheduled to replace the current DSHS SSPS on or about
November of 2012. In the event this contract is in place at that time DSHS will notify you of new
billing instructions. Any new billing instructions will replace the SSPS billing instructions listed
above and will thereby be incorporated by reference into this contract.
38. Duty to Report Suspected Abuse. The Contractor shall report, in accordance with state law, all
instances of suspected Client abuse immediately to the Department at the current state abuse hotline
(1-800-562-6078).
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39. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual
incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within
seventy-two (72) hours.
40. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients receiving
services from the Contractor within twenty-four (24) hours to the DDD Resource Manager or the DSHS
contact listed on page 1 of this contract.
41. Drug Free Workplace. The Contractor, and the Contractor's employees and sub-contractors, shall
abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties.
42. Insurance
The Contractor shall at all times comply with the following insurance requirements.
a. General Liability Insurance
The Contractor shall maintain Commercial General Liability Insurance, or Business Liability
Insurance, including 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 the parties' performance under this Contract, including but
not limited to premises, operations, independent contractors, products-completed operations,
personal injury, advertising injury, and liability assumed under an insured contract. The State of
Washington, Department of Social & Health Services (DSHS), its elected and appointed officials,
agents, and employees of the state, shall be named as additional insureds.
In lieu of general liability insurance mentioned above, if the contractor is a sole proprietor with less
than three contracts, the contractor may choose one of the following three general liability policies
but only if attached to a professional liability policy, and if selected the policy shall be maintained for
the life of the contract:
Supplemental Liability Insurance, including coverage for bodily injury and property damage that will
cover the contractor wherever the service is performed with the following minimum limits: Each
Occurrence -$1,000,000; General Aggregate -$2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees
shall be named as additional insured's.
or
Workplace Liability Insurance, including coverage for bodily injury and property damage that
provides coverage wherever the service is performed with the following minimum limits: Each
Occurrence-$1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees of
the state, shall be named as additional insured's.
or
Premises Liability Insurance and provide services only at their recognized place of business,
including coverage for bodily injury, property damage with the following minimum limits: Each
Occurrence-$1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
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of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees of
the state, shall be named as additional insured.
b. Business Automobile Liability Insurance
The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport
clients, including vehicles hired by the Contractor or owned by the Contractor's employees,
volunteers or others, with the following minimum limits: $1,000,000 per accident combined single
limit. The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as
an additional insured.
c. Professional Liability Insurance (PL)
The Contractor shall maintain Professional Liability Insurance or Errors &Omissions insurance,
including coverage for losses caused by errors and omissions, with the following minimum limits:
Each Occurrence-$1,000,000; Aggregate- $2,000,000.
d. Worker's Compensation
The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and
occupational health and safety laws and regulations. The State of Washington and DSHS shall not
be held responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or
its employees under such laws and regulations.
e. Employees and Volunteers
Insurance required of the Contractor under the Contract shall include coverage for the acts and
omissions of the Contractor's employees and volunteers. In addition, the Contractor shall ensure
that all employees and volunteers who use vehicles to transport clients or deliver services have
personal automobile insurance and current driver's licenses.
f. Subcontractors
The Contractor shall ensure that all subcontractors have and maintain insurance with the same
types and limits of coverage as required of the Contractor under the Contract.
g. Separation of Insured's
All insurance policies shall include coverage for cross liability and contain a "Separation of
Insured's" provision.
h. Insurers
The Contractor shall obtain insurance from insurance companies identified as an admitted
insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VII, or better.
Surplus Lines insurance companies will have a rating of A-, Class VII, or better.
i. Evidence of Coverage
The Contractor shall, upon request by DSHS, submit a copy of the Certificate of Insurance, policy,
and additional insured endorsement for each coverage required of the Contractor under this
Contract. The Certificate of Insurance shall identify the Washington State Department of Social and
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Health Services as the Certificate Holder. A duly authorized representative of each insurer,
showing compliance with the insurance requirements specified in this Contract, shall execute each
Certificate of Insurance.
The Contractor shall maintain copies of Certificates of Insurance, policies, and additional insured
endorsements for each subcontractor as evidence that each subcontractor maintains insurance as
required by the Contract.
j. Material Changes
The insurer shall give the DSHS point of contact listed on page one of this Contract 45 days
advance written notice of cancellation or non-renewal. If cancellation is due to non-payment of
premium, the insurer shall give DSHS 10 days advance written notice of cancellation.
k. General
By requiring insurance, the State of Washington and DSHS do not represent that the coverage and
limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be
construed to relieve the Contractor from liability in excess of the required coverage and limits and
shall not limit the Contractor's liability under the indemnities and reimbursements granted to the
State and DSHS in this Contract. All insurance provided in compliance with this Contract shall be
primary as to any other insurance or self-insurance programs afforded to or maintained by the
State.
I. Waiver
The Contractor waives all rights, claims and causes of action against the State of Washington and
DSHS for the recovery of damages to the extent said damages are covered by insurance
maintained by Contractor.
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Exhibit A Rate Table
Provider Rate Payment Calculation Payment
Codes
Out-of home in a Adult $10.03 hr
day care center(must be Not to exceed 8 hours in a 24 hour 8177,
contracted with the Area Daily = $80.24 period. 8277,
Agency on Aging (AAA) [8 hrs x $10.03] 8377,
Prior approval required to authorize 8777
more than 8 hours
Camp and other $17.46 hr Community Settings will be
community settings reimbursed at the Contractor's 8177,
providing respite published fee for services provided 8277,
unless the number of hours 8377,
authorized exceeds the number of 8777
hours of respite provided.
The maximum rate for one hour of
service $17.46.
Number of respite Hours =
Cost of service (published fee)
$17.46.
Notes:
• Respite and personal care cannot be paid at the same time for the same service. Respite
services include any personal care and supervision that is needed.
• SSPS authorizations will be authorized at an hourly rate.
• A copy of the Contractor's Published Service and Fee Schedule can be located at the
following web site www.itallhappenshere.org. A printed copy of the Contractor's Published
Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year
services are provided by this Contract.
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COUNCIL MEETING DATE: April 16,2013 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:LANDSCAPE BID AWARDS
POLICY QUESTION: Should the City accept Landscape Services bids and authorize the Mayor to enter into
2 year maintenance agreements with the successful bidders?
COMMITTEE: PRHSPS MEETING DATE: April 9, 2013
CATEGORY:
® Consent ❑ Ordinance El Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd,Parks&Facilities Manager DEPT: PRCS
Attachments: March 26th, 2013 PRHSPS Committee Memo, Bid Tabulation sheet.
Options Considered:
1. Authorize bid awards for 2 year Landscape Maintenance Agreements in the amount of$128,482.00 to:
Total Landscape Corporation and$16,000.00 to: For the Love of Landscape and authorize the Mayor to
execute said agreements.
2. Do not accept bids for Landscape Maintenance Service and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1; Authorize bid awards for 2 year Landscape Maintenance Agreements in
the amount of$128,482.00 to: Total Landscape Corporation and $16,000.00 to: For the Love of Landscape and
authorize the Mayor to execute said agreements and forward to the full Council April consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Co ttee Council Committee Council
COMMITTEE RECOMMENDATION:I move to authorize the bid awards for 2 year Landscape Maintenance
Agreements in the amount of$128,482.00 to: Total Landscape Corporation and$16,000.00 to: For the Love of
Landscape and authorize the Mayor to execute said agreements and forward to the full Council April 16, 2013
consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval to award 2 year Landscape Maintenance Agreements in the
amount of$128,482.00 to: Total Landscape Corporation and $16,000.00 to: For the Love of Landscape and
authorize the Mayor to execute said agreements"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1'T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) 27 ORDINANCE#
REVISED-08i 12 2010 RESOLUTION#
CITY OF
Federal Way
Parks and Facilities Division
Date: March 26, 2013
To: PRHSPS Council Committee
From: Stephen Ikerd, Parks & Facilities Manager
Via: Mayor Skip Priest
Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt.
Subject: Landscape Maintenance Service Bids
Resubmittal: This request is being resubmitted due to an accounting error discovered
prior to approval on the Consent Agenda at the March 19th Council meeting, in which the
item was pulled and remanded back to the PRHSPS Committee. The March 19th
request was for a two year contract, but the Park sites portion of the $81,149.00
submitted was discovered to only cover one year. The corrected amount being
requested for a two year contract is $128,482.00
Background: Staff solicited basic landscape maintenance service bids for twenty one
(21) City sites, which include; Dumas Bay Centre, FW Community Center and nineteen
(19) Parks. Seven (7) companies responded to a Request for Proposals (RFP)
advertisement. Bid results are as follows: (See attached bid tabulation sheet)
Note: An information meeting was held prior to bidding and attendees were informed
that funding had been reduced in the Parks Department and we did not know how many
of the sites would fit into the allocated budget until bid results were received. They were
also informed that the City reserved the right to split the sites into more than one
contract if there was a financial advantage to the City. Dumas Bay Centre would also be
bid differently than the other sites with defined routine tasks. DBC was bid on an as
needed weekly work order system, based on a 3 person crew rate of 2 hours minimum
work per visit.
References:
Total Landscape is new to the City. References from other municipalities were all very
favorable.
For the Love of Landscape is new to the City. References from other companies were all
good.
Contract award recommendations:
Total Landscape Corporations; 19 Park sites & Dumas Bay Centre = $128,482.00 total
two year contract, which includes $12,000 contingency over the two year period. Parks
Division will manage the contract for these sites.
For the Love of Landscape; FW Community Center= $16,000.00 total two year contract,
which includes $5,277.60 contingency over the two year period. The Community Center
will manage a separate contract for this facility.
Budget: The grand total amount of $144,482.00 for all 21 sites is within the 2013-2014
Council approved budgets. These basic landscape services will be funded through three
(3) different accounts: Park Operations, Dumas Bay Centre & FW Community Center.
28
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COUNCIL MEETING DATE: April 16,2013 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:AMEND FEDERAL WAY REVISED CODE(FWRC)TITLE 6,"PUBLIC SAFETY AND WELFARE"
POLICY QUESTION: Should the City Council approve and adopt the proposed ordinance amending Title 6 of the
FWRC to include references to state law?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: April 9,2013
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Patricia Richardson,City Attorney DEPT: Law
Attachments: Proposed ordinance amending FWRC Title 6,"Public Safety and Welfare."
Background: Chapter 9A.80 and Chapter 42.20 of the Revised Code of Washington ("RCW") set forth nine separate
misdemeanors that inadvertently have not previously been incorporated into the Federal Way Revised Code ("FWRC").
Staff is proposing that a new section be added to Chapter 6.50 FWRC to incorporate these misdemeanors by reference.
On December 4th,2012,the City Council passed Ordinance No. 12-732 to incorporate new laws created by Initiative 502
("I-502") to legalize and regulate the possession, sale and use of marijuana before it became effective on December 6,
2012. Ordinance No. 12-732 created FWRC 6.10.035 prohibiting the use of marijuana in public. State law has now been
updated to prohibit the use of marijuana in public. It is preferred that the FWRC adopts state law by reference so that
any and all future updates and amendments are captured. Staff is recommending that FWRC 6.10.035 be repealed and
FWRC 6.10.030 be amended to incorporate the state law.
Options Considered: 1. Approve the proposed ordinance amending FWRC Title 6, "Public Safety and Welfare," to
include reference to state law.
2. Modify the proposed ordinance amending FWRC Title 6,"Public Safety and Welfare."
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: __l DIRECTOR APPROVAL: ene.
Comma Council Initial
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading at the April 16,
2013 City Council meeting.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (APRIL 16): "I move to forward approval of the ordinance to the May 7, 2013
Council Meeting for adoption. "
2ND READING OF ORDINANCE (MAY 7): "I move approval of the proposed ordinance amending Title 6, Public
Safety and Welfare."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) 31 ORDINANCE#
REVISED-08/12/2010 RESOLUTION#
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way,Washington,relating to
criminal law update; creating a new section in Chapter 6.50 FWRC,
"Public Officers," amending FWRC 6.50.020,"Public officer defined,"
amending FWRC 6.10.030, "Statutes adopted" and repealing FWRC
6.10.035,(Amending Ord.Nos.91-89,99-362,02-429,04-458,04-463,05-
508, 09-601 and 12-732)
WHEREAS,Chapter 9A.80 and Chapter 42.20 of the Revised Code of Washington("RCW")
set forth nine separate misdemeanors that inadvertently have not been incorporated into the Federal
Way Revised Code ("FWRC"); and
WHEREAS, on December 4th, 2012, the City Council passed Ordinance No. 12-732 to
incorporate new laws created by Initiative 502("I-502")to legalize and regulate the possession,sale
and use of certain amounts of marijuana by persons over the age of 21 before it became effective on
December 6,2012; and
WHEREAS, Ordinance No. 12-732 created FWRC 6.10.035 prohibiting the use of
marijuana in public; and
WHEREAS, the Revised Code of Washington has now been updated and codifies the
prohibition of public use of marijuana; and
WHEREAS, it is preferred that the FWRC adopts state law by reference so that all updates
and amendments are captured; and
WHEREAS,the City Council of Federal Way finds it is in the best interest of the citizens to
incorporate the state law into the FWRC; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Ordinance No. 13- Page 1 of 4
Rev 1/10
32
Section 1. A new section of Chapter 6.50 FWRC is hereby created:
6.50.005 Misconduct of public officers-Statutes adopted.
The following state statutes are adopted by reference:
RCW
9A.80.010 Official misconduct.
42.20.020 Powers may not be delegated for profit.
42.20.030 Intrusion into and refusal to surrender public office.
42.20.040 False Report.
42.20.050 Public officer making false certificate.
42.20.060 Falsely auditing and paying claims.
42.20.080 Other violations by officers.
42.20.100 Failure of duty by public officer a misdemeanor.
42.20.110 Improper conduct by certain justices.
Section 2. FWRC 6.50.020 is hereby amended as follows:
6.50.020 Public officer defined
"Public officer," as used in FWRC 6.50.010this chapter, comprises police officers; fire chief
and his or her designees; health officers; and the public works director and his or her designees;
city clerk and his or her designee; code enforcement personnel; and other city personnel
authorized for enforcement of city ordinances, statutes and codes.
Section 3. FWRC 6.10.030 is hereby amended as follows:
6.10.030 Statutes adopted.
The following state statutes are adopted by reference:
RCW
69.41.020 Prohibited acts—Information not privileged communication.
69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited
—Exceptions.
69.41.040 Prescription requirements— Penalty.
69.41.050 Labeling requirements.
69.41.320 Practitioners— Restricted use—Medical records.
69.41.350 Penalties.
69.43.010 Report to state board of pharmacy— List of substances—Modification of list—
Identification of purchasers—Report of transactions— Penalties.
69.43.020 Receipt of substance from source outside state— Report— Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions—Report—Penalty.
69.43.043 Recordkeeping requirements—Penalty.
69.43.090 Permit to sell, transfer, furnish, or receive substance— Exemptions—Application for
permit— Fee— Renewal —Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—
Exceptions— Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine— Sales restrictions— Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine— Possession of more than
fifteen grams— Penalty— Exceptions.
Ordinance No. 13- Page 2 of f 4
Rev 1/10
33
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine— Pilot project to record retail
transactions— Penalty.
69.50.101 Definitions.
69.50.204 Schedule I.
69.50.309 Containers.
69.50.4013 Possession of controlled substance— Penalty.
69.50.4014 Possession of forty grams or less of marijuana— Penalty.
69.50.412 Prohibited acts: E— Penalties.
69.50.445 Opening or consuming package containing marijuana, useable marijuana, or
marijuana-infused product in view of general public-- Penalty.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
Section 4. Section 6.10.035 is hereby repealed:
It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana
under chapter 7.80 RCW.
Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references,ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 13- Page 3 of 4
Rev 1/10
34
Section 7. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. By unanimous consent,the Council finds that this ordinance is
needed for the immediate preservation of public peace, health and safety and is not subject to
initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in full force
upon adoption.
PASSED by the City Council of the City of Federal Way this day of 2013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13- Page 4 of 4
Rev 1/10
35
36