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Home My WebLink About2653 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 2653 SOCIAL & HEALTH Fire Protection Fire GOV SERVICES, DEPT OF - 3423 Sixth Street (WA STATE) #0364-29534 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date File Class LEG 12-1 $7790.00 08/01/1985 06/30/2005 02/15/2007 Frances Haddon Morgan Center Vault 01/01/2007 INTERLOCAL AGREEMENT DSHS CONTRACT #: 0364-29534 This Agreement is by and between the State of Washington Depadment Program Contact Number of Social and Health Services (DSHS) and the Contractor identified below, and is issued pursuant to the I nterlocal Cooperation Act, chapter 39.34 Contractor Contract Number RCW. CONTRACTOR NAME CONTRACTOR DBA City of Bremerton CONTRACTOR ADDRESS CONTRACTOR UNIFORM BUSINESS CONTRACTOR IDENTIFIER (UBt) NUMBER DSHS INDEX 239 4th Street NUMBER Bremerton, WA 98337 1297 CONTRACTOR CONTACT CONTRACTOR CONTACT CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS TELEPHONE Paula Johnston /360/478-5311 Ext: /360/478-5200 piohnston~cLbremerton.wa.us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Health and Rehabilitative Division of Developmental Disabilities 4000LC Services Administration DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Carol Kirk Frances Haddon Morgan Center Superintendent 3423 Sixth Street Bremerton, WA 98312 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS (360) 475-3480 Ext: (360) 475-3455 kirkcj@dshs.wa.gov iS THE CONTRACTOR A SUSRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBERS No CONTRACT START DATE CONTRACT END DATE MAXIMUM CONTRACT AMOUNT 0710112003 0613012005 $7,790.00 ATTACHMENTS. When the boxes below are marked with an X, the following Exhibits are attached to and incorporated into this Interlocal Agreement by reference: [] Exhibit A. Statement of Work {Required for new contracts unless included in text of Agreement), [] Additional Exhibits (specify). This Interlocal Agreement, including all Exhibits and other documents attached or incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Interlocal~reement s[:~'~deer~ to exist or bind the parties. CONTRAC SIG TURE PRINTED NAME AND TITLE DATE SIGNED PRINTED~AME AND TITLE S~, ..' ~ DATE SIGNED OSH Rlta Dickey · Con,acts Prooram Man . er / DSHS Central Contract Services Page 1 Intedocal Agreement #6015LF (5.9-00) Rev 5-14-2002 1. Definitions a. "Agreement" means this Interlocal Agreement, including all documents attached or incorporated by reference. b. "Contracting Officer" means the Contracts Administrator, or successor, of Central Contract Services or successor section or Office. c. "Contractor" means the entity performing services pursuant to this Interlocal Agreement and includes the Contractor's officers, directors, trustees, employees and/or agents unless otherwise stated in this Interlocal Agreement. For purposes of this Interlocal Agreement, the Contractor shall not be considered an employee or agent of DSHS. d. "DSHS" or "the department" or "the Department" means the State of Washington Department of Social and Health Services and its employees and authorized agents. e. "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. 2. Statement of Work. The Contractor shall perform the services described below: This Agreement is between the City of Bremerton and the State if Washington, Department of Social and Health Services, Division of Developmental Disabilities, Francis Haddon Morgan Center. This agreement is entered into by the City of Bremerton to provide fire protection to the buildings and grounds of the Frances Haddon Morgan Center located at the 3423 Sixth Street, Mail Stop W18-4, Bremerton Washington. 3. Billing Procedure The Contractor will bill monthly based on the following rate and square footage: Rate: $0.040628 per square foot per year Square Feet: 95,859 Total Contract amount per year: $3,894.60 Monthly Rate: $324.55 4. Payment DSHS shall pay the Contractor an amount not to exceed the maximum consideration specified on page 1 of this Agreement for the satisfactory performance of all work set forth in the Statement of Work. The Contractor shall request payment using forms as designated by DSHS. DSHS shall pay the Contractor upon acceptance by DSHS of properly-completed invoices or vouchers. If this Interlocal Agreement is terminated, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this lnterlocal Agreement prior to the effective date of termination. DSHS Central Contract Services Page 2 I nterk)cal Agreement #6015LF (5-9-00) Rev 5-14-2002 INTERLOCAL AGREEMENT (CONTINUED) 5. Confidentiality. The Contractor may use Personal Information and other information gained by reason of this Contract only for the purpose of this Contract. The Contractor shall not disclose, transfer, or sell any such information to any pady, except as provided by law or, in the case of Personal Information, with the prior written consent of the person to whom the Personal Information pertains. The Contractor shall maintain the confidentiality of all Personal Information and other information gained by reason of this Contract, and shall return or certify the destruction of such information if requested in writing by DSHS. 6. Governance a. The provisions of this Interlocal Agreement are severable. If any provision of this Interlocal Agreement is held invalid by any court, that invalidity shall not affect the other provisions of this Interlocal Agreement and the invalid provision shall be considered modified to conform to existing law. b. In the event of an inconsistency in the terms of this Interlocal Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence, in the following order to: · Applicable federal and state law, regulations, and rules; · Exhibit A (if any); · Any other provision of this Interlocal Agreement; and · Any document incorporated by reference. c. In the event of a lawsuit involving this Interlocal Agreement, venue shall be proper only in Thurston County, Washington. d. The Contractor shall comply with all applicable non-discrimination and other local, state and federal laws, regulations and rules. 7. Indemnification. The Contractor shall be responsible for and shall indemnify and hold DSHS harmless from all claims resulting from the acts or omissions of the Contractor and any Subcontractor. DSHS shall be responsible and shall indemnity and hold the Contractor harmless from all claims resulting from the acts or omissions of DSHS. 8, Inspection; Maintenance of Records a. During the term of this Interlocal Agreement and for one (1) year following termination or expiration of this Interlocal Agreement, the Contractor shall give reasonable access to the Contractor, Contractor's place of business, client records, and Contractor records to DSHS and to any other employee or agent of the State of Washington or the United States of America in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and this Interlocal Agreement. b. During the term of this Interlocal Agreement and for six (6) years following termination or expiration of this Contract, the Contractor shall maintain records sufficient to: (1) Document performance of all acts required by law, regulation, or this Interlocal Agreement; (2) Substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance; and DSHS Central Contract Services Page 3 6015 Intedocal Agreement (5-9-00) Rev. 5-14-2002 INTERLOCAL AGREEMENT (CONTINUED) (3) Demonstrate accounting procedures, practices, and records which sufficiently and properly document the Contractor's invoices to DSHS and all expenditures made by the Contractor to perform as required by this Interlocal Agreement. 9. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Interlocal Agreement shall be owned by DSHS and shall be "works for hire" as defined by the U.S. Copyright Act of 1976. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform this Interlocal Agreement but which is not created for or paid for by DSHS is owned by the Contractor; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS. 10. Insurance. DSHS certifies it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. For purposes of this Agreement, the Contractor shall maintain insurance as required in the Statement of Work, unless the Contractor is self-insured or insured through a risk pool. 11. Alteration, Amendment, and Waiver. This Agreement may be amended only by a written amendment signed by both parties. Only the DSHS Contracting Officer may waive any provision of this Agreement on behalf of DSHS. 12. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 13. Termination a. if the funds DSHS relied upon to establish this Interlocal Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSH$ may immediately terminate this Interlocal Agreement by providing written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. b. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. 14. Assignment. The Contractor shall not assign all or any portion of this Interlocal Agreement to a third party. 15. Waiver of Default. If DSHS waives any breach of this Agreement by the Contractor on any occasion, such waiver shall not be deemed to be a waiver of any subsequent breach of this Interlocal Agreement by the Contractor. 16. Subcontracting. Except as otherwise provided in this Agreement, the Contractor may subcontract for any of the contracted services with the prior, written approval of DSHS. The Contractor shall be responsible for the acts and omissions of any subcontractor. 17. Single Audit Act Compliance. If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133, the Contractor shall maintain records that DSHS Central Contract Sen/ices Page 4 6015 Intedocal Agreement (5-9-00) Rev. 5-14-2002 INTERLOCAL AGREEMENT (CONTINUED) identify all federal funds received and expended. Such funds shall be identified by the appropriate OMB Catalog of Federal Domestic Assistance numbers. The Contractor shall make the Contractor's records available for review or audit by officials of the federal awarding agency, the General Accounting Office, DSHS, and the Washington State Auditor's Office. The Contractor shall incorporate OMB Circular A-133 audit requirements into all contracts between the Contractor and its subcontractors who are subrecipients. The Contractor shall comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation. If the Contractor expends $300,000 or more in federal awards from any and/or all sources in any fiscal year beginning after June 30, 1996, the Contractor shall procure and pay for a single or program- specific audit for that year. Upon completion of each audit, the Contractor shall submit to the DSHS Contact named in this Contract 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. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL DSHS Central Contract Services Page 5 6015 Intedocal Agreement (5-9-00) Rev. 5-14-2002 DSHS Central Contract Services Page 6 Intedocal Agreement #6015LF (5-9-00) Rev 5-14-2002 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 7 Record(s) MAINTAIN Contract Transactions + + Contract Number 2653 + + + +Vendor Name SOCIAL & HEALTH SERVICES, DEPT OF (WA STATE) + +Subject FIRE PROTECTION - 3423 SIXTH STREET #0164-05129 + +Department ADMIN SVC + +Status Code GOV + + Amount $7790.00 + + Begin Date 08/01/1985 + + Insurance End Date 06/30/2003 + + Type Amount Review Date 05/01/2003 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments FRANCES F~ADDON MORGAN CENTER + + + + + ~"~ INTERLOCAL AGREEMENT Ds,s CONTRACT #: 0164-05129 This Agreement is by and between the State of Washington Program Contract Number Department of Social and Health Services (DSHS) and the Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. Contractor Contract Number CONTRACTOR NAME CONTRACTOR DBA Bremerton City of Administrative Services CONTRACTOR ADDRESS CONTRACTOR UNIFORM BUSINESS CONTRACTOR DSHS INDEX IDENTIFIER (UBI) NUMBER NUMBER 239 4th Streel 1297 Bremerton, WA 98337 CONTRACTOR CONTACT TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS I360/478-5311 Ext: I360/478-5200 piohnston~ci.bremerton.wa.us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Health and Rehabilitative Division of Developmental Disabilities 4000LC Services Administration DSHS CONTACT NAME AND TITLE DSI-IS CONTACT ADDRESS Carol Kirk Frances Haddon Morgan Center Superintendent 3423 Sixth Street Bremedon, WA 98312 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS (360) 475-3480 Ext: (360) 475-3455 kirkcj~dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBERS NO CONTRACT START DATE CONTRACT END DATE MAXIMUM CONTRACT AMOUNT 07/01/2001 06~30~2003 $7,790.00 ATTACHMENTS. When the boxes below are marked with an X, the following Exhibits are attached to and incorporated into this Interlocal Agreement by reference: [] Exhibit A. Statement of Work (Required for new contracts unless included in text of Agreement). [] Additional Exhibits (specif~). This Interlocal Agreement, including all Exhibits and other documents attached or incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Interlocal Agreement shall be deemed to exist or bind the parties. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIG~~~ PRINTED NAME AND TITLE DATE SIGNED DSHS Central Contract Services Page 1 Interlocal Agreement #6015LF (5-9-00) Rev 12-17-01 1. Definitions · "Agreement" means this Interlocal Agreement, including all documents attached or incorporated by reference. · "Contracting Officer" means the Contracts Administrator, or successor, of Central Contract Services or successor section or Office. · "Contractor" means the entity performing services pursuant to this Interlocal Agreement and includes the Contractor's officers, directors, trustees, employees and/or agents unless otherwise stated in this Interlocal Agreement. For purposes of this Interlocal Agreement, the Contractor shall not be considered an employee or agent of DSHS. · "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. 2. Statement of Work The Contractor shall perform the services described below: This Agreement is between the City of Bremerton and the State if Washington, Department of Social and Health Services, Division of Developmental Disabilities, Francis Haddon Morgan Center. This agreement is entered into by the City of Bremerton to provide fire protection to the buildings and grounds of the Frances Haddon Morgan Center located at the 3423 Sixth Street, Mail Stop W18-4, Bremerton Washington. 3. Billing Procedure The Contractor will bill monthly based on the following rate and square footage: Rate: $0.040628 per square foot per year Square Feet: 95,859 Total Contract amount per year: $3,894.60 Monthly Rate: $324.55 4. Payment DSHS shall pay the Contractor an amount not to exceed the maximum consideration specified on page 1 of this Agreement for the satisfactory performance of all work set forth in the Statement of Work. The Contractor shall request payment using forms as designated by DSHS. DSHS shall pay the Contractor upon acceptance by DSHS of properly-completed invoices or vouchers. If this Interlocal Agreement is terminated, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Interlocal Agreement prior to the effective date of termination. 5. Confidentiality. The Contractor may use Personal Information and other information gained by reason of this Contract only for the purpose of this Contract. The Contractor shall not disclose, transfer, or sell any such DSHS Central Contract Services Page 2 Interlocal Agreement #6015LF (5-9-00) Rev 12-17-01 INTERLOCAL AGREEMENT (CONTINUED) information to any party, except as provided by law or, in the case of Personal Information, with the prior written consent of the person to whom the Personal Information pertains. The Contractor shall maintain the confidentiality of all Personal Information and other information gained by reason of this Contract, and shall return or certify the destruction of such information if requested in writing by DSHS. 6. Governance a. The provisions of this Interlocal Agreement are severable. If any provision of this Interlocal Agreement is held invalid by any court, that invalidity shall not affect the other provisions of this Interlocal Agreement and the invalid provision shall be considered modified to conform to existing law. b. In the event of an inconsistency in the terms of this Interlocal Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence, in the following order to: · Applicable federal and state law, regulations, and rules; · Exhibit A (if any); · Any other provision of this Interlocal Agreement; and · Any document incorporated by reference. c. In the event of a lawsuit involving this Interlocal Agreement, venue shall be proper only in Thurston County, Washington. d. The Contractor shall comply with all applicable non-discrimination and other local, state and federal laws, regulations and rules. 7. Indemnification The Contractor shall be responsible for and shall indemnify and hold DSHS harmless from all claims resulting from the acts or omissions of the Contractor and any Subcontractor. DSHS shall be responsible and shall indemnify and hold the Contractor harmless from all claims resulting from the acts or omissions of DSHS. 8. Inspection; Maintenance of Records a. During the term of this Interlocal Agreement and for one (1) year following termination or expiration of this Interlocal Agreement, the Contractor shall give reasonable access to the Contractor, Contractor's place of business, client records, and Contractor records to DSHS and to any other employee or agent of the State of Washington or the United States of America in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and this Interlocal Agreement. b. During the term of this Interlocal Agreement and for six (6) years following termination or expiration of this Contract, the Contractor shall maintain records sufficient to: (1) Document performance of all acts required by law, regulation, or this Interlocal Agreement; (2) Substantiate the Contractor's statement of its organization's structure, tax status, capabilities; and performance; and DSHS Central Contract Services Page 3 6015 Intedocal Agreement (5-9-00) Rev. 12-17-01 INTERLOCAL AGREEMENT (CONTINUED) (3) Demonstrate accounting procedures, practices, and records which sufficiently and properly document the Contractor's invoices to DSHS and all expenditures made by the Contractor to perform as required by this Interlocal Agreement. 9. ~ Material Material created by the Contractor and paid for by DSHS as a part of this Interlocal Agreement shall be owned by DSHS and shall be ~works for hire" as defined by the U.S. Copyright Act of 1976. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform this Interlocal Agreement but which is not created for or paid for by DSHS is owned by the Contractor; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS. 10. Insurance DSHS certifies it is self-insured under the State s self- nsurance I~abi ity program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. For purposes of this Agreement, the Contractor shall maintain insurance as required in the Statement of Work, unless the Contractor is self- insured or insured through a risk pool. 11. Alteration, Amendment, and Waiver This Agreement may be amended only by a written amendment signed by both parties. Only the DSHS Contracting Officer may waive any provision of this Agreement on behalf of DSHS. 12. Disputes Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 13. Termination a. If the funds DSHS relied upon to establish this Interlocal Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Interlocal Agreement by providing written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. b. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. 14. Assi,qnment The Contractor shall not assign all or any portion of this Interlocal Agreement to a third party. 15. Waiver of Default DSHS Central Contract Services 6015 tnterlocal Agreement (5-9-00) Rev. 12-17-01 Page 4 INTERLOCAL AGREEMENT (CONTINUED) If DSHS waives any breach of this Agreement by the Contractor on any occasion, such waiver shall not be deemed to be a waiver of any subsequent breach of this Interlocal Agreement by the Contractor. 16. Subcontractinq Except as otherwise provided in this Agreement, the Contractor may subcontract for any of the contracted services with the prior, written approval of DSHS. The Contractor shall be responsible for the acts and omissions of any subcontractor. 17. Sin.qle Audit Act Compliance If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133, the Contractor shall maintain records that identify all federal funds received and expended. Such funds shall be identified by the appropriate OMB Catalog of Federal Domestic Assistance numbers. The Contractor shall make the Contractor's records available for review or audit by officials of the federal awarding agency, the General Accounting Office, DSHS, and the Washington State Auditor's Office. The Contractor shall incorporate OMB Circular A-133 audit requirements into all contracts between the Contractor and its subcontractors who are subrecipients. The Contractor shall comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation. If the Contractor expends $300,000 or more in federal awards from any and/or all sources in any fiscal year beginning after June 30, 1996, the Contractor shall procure and pay for a single or program- specific audit for that year. Upon completion of each audit, the Contractor shall submit to the DSHS Contact named in this Contract 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. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL DSHS Central Contract Services Page 5 6015 Interlocal Agreement (5-9-00) Rev. 12-17-01 ~'~ ~..,~.~ INTERLOCAL AGREEMENT DSHS CONTACT #: soa~~ * ~'~ ~ New Contract '~ Amendment No. This Agreement is by and be~een the State of Washington Program ContmM Number DepaAment of Social and Health Se~ices (DSHS) and the Contractor identified below, and is issued pumuant to the Intedocal ~n~or contm~ Number C~peration Act, chapter 39.34 RCW. C~T~CT~ NAME CONT~CTOR DBA City of Breme~on CO~CTOR ~DRESS CONT~CTOR SOCIAL SECURITY NUMBER OR FEDE~L EMPLOYER AdministratNe Se~ices IDENTIFICATION NUMBER (mandato~, for ~ pur~ses) 239 FouRh Street, BremeAon, WA 98337 91-6001231 CONT~OR CONTACT TELEPHONE CONT~CTOR F~ CONT~CTOR E-MA(L ADDRESS (360~78-5311 (360~T8-5200 DSHS A~INIS~ON DSHS DIVISION DSHS SERVICE CODE ~ Division of Develpmental Disabiliities, H~ ~ ~1~ Francis Haddon Morgan Center DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Robin Webber, DDD Reg. 5 Bus. Mgr. 3423 6th Street, Bremeffon, WA 98312 DSHS CONTACT TELEPHONE DSHS CONTACT F~ DSHS CONTACT E-MAIL ADDRESS (360) 475-~60 or (360) 475~368 (253) 597-~20 IS ~E CONT~ A SUBRECIPIENT FOR PURPOSES OF THIS CONTACT? CFDA NUMBERS ~ Yes ~ No C~T~CT ST~ DA~ CON--CT END DATE M~IMUM CONTACT AMOUNT 7/1/99 6/30/2001 $ 8,000 A~ACHME~S. ~en the boxes below are marked with a check (~) or an X, the following Exhibits are attached to and incorporated into ~is Interlo~l Agreement by reference: ~ Exhibit A. S~tement of Work {Requir~ for new contracts unless included in text of Agreement), ~ Addition~ Exhibits (s~c~). DSHS AUTHOR~N: I a~ t~t I am a~horlz~ by my o~anlzatlonal unE to Initiate this Contm~ and that ~nds am ~ailable for pa~ent ~ the ~1~ request. ~ . ~ , _ COl ff~CTOR ~IGNAT~E PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRIN~ED NAME AND T TLE DATE SIGNED DSHS, entml C~tm~ Page 1 Inted~l Agme~nt (2-2~) INTERLOCAL AGREEMENT (CONTINUED) 1. Definitions · "Agreement" means this Interlocal Agreement, including all documents attached or incorporated by reference. · "Contracting Officer" means the Contracts Administrator, or successor, of Central Contract Services or successor section or Office. · "Contractor" means the entity performing services pursuant to this Interlocal Agreement and includes the Contractor's officers, directors, trustees, employees and/or agents unless otherwise stated in this Interlocal Agreement. For purposes of this Interlocal Agreement, the Contractor shall not be considered an employee or agent of DSHS. 2. Statement of Work The Contractor shall perform the services described below or as set forth in the attached Statement of Work (Exhibit A): 3. Billinq Procedure DSHS shall reimburse the City of Bremerton upon receipt of properly executed vouchers. Claims for payment submitted by the City of Bremertonto DSHS for costs due and payable under this Agreement that were incurred prior to the expiration date shall be paid by DSHS if received by DSHS within 120 days after the expiration date. 4. Payment DSHS shall pay the Contractor an amount not to exceed the maximum consideration specified on page 1 of this Agreement for the satisfactory performance of all work set forth in the Statement of Work. The Contractor shall request payment using forms as designated by DSHS. DSHS shall pay the Contractor upon acceptance by DSHS of properly-completed invoices or vouchers. If this Interlocal Agreement is terminated, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Interlocal Agreement prior to the effective date of termination. 5. Governance a. The provisions of this Interlocal Agreement are severable. If any provision of this Interlocal Agreement is held invalid by any court, that invalidity shall not affect the DSHS Central Contract Services Page 2 Intedocal Agreement (2-26-99) INTERLOCAL AGREEMENT (CONTINUED) other provisions of this Interlocal Agreement and the invalid provision shall be considered modified to conform to existing law. b. In the event of an inconsistency in the terms of this Interlocal Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence, in the following order to: · Applicable federal and state law, regulations, and rules; · ExhibitA (if any); · Any other provision of this Interlocal Agreement; and · Any document incorporated by reference. c. ~n the event of a lawsuit involving this Interlocal Agreement, venue shall be proper only in Thurston County, Washington. d. The Contractor shall comply with all applicable non-discrimination and other local, state and federal laws, regulations and rules. 6. Indemnification The Contractor shall be responsible for and shall indemnify and hold DSHS harmless from all claims resulting from the acts or omissions of the Contractor and any Subcontractor. DSHS shall be responsible and shall indemnify and hold the Contractor harmless from all claims resulting from the acts or omissions of DSHS. 7. Inspection; Maintenance of Records a. During the term of this Interlocal Agreement and for one year following termination or expiration of this Interlocal Agreement, the Contractor shall give reasonable access to the Contractor's place of business and client and Contractor records to DSHS and to any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Contractor's place of business and its records, and monitoring, auditing, and evaluating Contractor performance and compliance with applicable laws, regulations, rules, and this Interlocal Agreement. b. During the term of this Interlocal Agreement and for six years following termination or expiration of this Interlocal Agreement, the Contractor shall maintain records sufficient to: (1) Document performance of all acts required by statute, regulation, rule, or this Interlocal Agreement; DSHS Central Contract Services Page 3 Interk)cal Agreement (2-26-99) INTERLOCAL AGREEMENT (CONTINUED) (2) Substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance; and (3) Demonstrate accounting procedures, practices, and records which sufficiently and properly document the Contractor's invoices to DSHS and all expenditures made by the Contractor to perform as required by this Interlocal Agreement. 8. Ownership of Material Material created by the Contractor and paid for by DSHS as a part of this Interlocal Agreement shall be owned by DSHS and shall be "works for hire" as defined by the U.S. Copyright Act of 1976. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform this Interlocal Agreement but which is not created for or paid for by DSHS is owned by the Contractor; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS. 9. Confidentiality The Contractor shall not use or disclose any information concerning any DSHS client for any purpose not directly connected with the administration of the Contractor's responsibilities under this Interlocal Agreement except by prior written consent of the DSHS client. 10. Insurance DSHS certifies it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. For purposes of this Agreement, the Contractor shall maintain insurance as required in the Statement of Work, unless the Contractor is self-insured or insured through a risk pool. 11. Alteration, Amendment, and Waiver This Agreement may be amended only by a written amendment signed by both parties. Only the DSHS Contracting Officer may waive any provision of this Agreement on behalf of DSHS. 12. Disputes Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the DSHS Central Contract Services Page 4 Intedocal Agreement (2-26-99) INTERLOCAL AGREEMENT (CONTINUED) facts, contract terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi- judicial action and shall be the final administrative remedy available to the parties. 13. Termination a. If the funds DSHS relied upon to establish this Interlocal Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Interlocal Agreement by providing written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. b. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. 14. Assignment The Contractor shall not assign all or any portion of this Interlocal Agreement to a third party. 15. Waiver of Default If DSHS waives any breach of this Agreement by the Contractor on any occasion, such waiver shall not be deemed to be a waiver of any subsequent breach of this Interlocal Agreement by the Contractor. 16. Subcontracting Except as otherwise provided in this Agreement, the Contractor may subcontract for any of the contracted services with the prior, written approval of DSHS. The Contractor shall be responsible for the acts and omissions of any subcontractor. 17. Sin.qle Audit Act Compliance If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular 133-A, the Contractor shall maintain records that identify all federal funds received and expended. Such funds shall be identified by the appropriate OMB Catalog of Federal Domestic Assistance numbers. The Contractor shall make the Contractor's records available for review or audit by officials of the federal awarding agency, the General Accounting Office, DSHS, and the Washington State Auditor's Office. The Contractor shall incorporate OMB Circular A-133 audit requirements into all contracts between the Contractor DSHS Central Contract Services Page 5 Intedocal Agreement (2-26-99) INTERLOCAL AGREEMENT (CONTINUED) and its subcontractors who are subrecipients. The Contractor shall comply with any future amendments to OMB Cimular A-133 and any successor or replacement Circular or regulation. If the Contractor expends $300,000 or more in federal awards from any and/or all sources in any fiscal year beginning after June 30, 1996, the Contractor shall procure and pay for a single or program-specific audit for that year. Upon completion of each audit, the Contractor shall submit to the DSHS Contact named in this Contract 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. 18. Year 2000 Readiness The Contractor acknowledges and understands that the so-called "Year 2000 problem" may impact computer systems that the Contractor relies upon to perform the Contract. The Contractor shall take all reasonable actions to ensure that the Contractor will be able to perform all duties required by the Contract despite any computer system malfunction due to the Year 2000 problem. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL DSHS Central Contract Services Page 6 Intedocal Agreement (2-26-99) · 06/22/99 TUE 13:21 FAX 89405443604753455 fH~/C ~002 EXHIBIT A Exhibit A to the Interagenoy Agreement between the City of Bremerton and the Stata of Washington, Department of $o¢ial & Health Se~vioes, Division of Developmental Disabil~es, Frances Hacldon Morgan Center. This agreement is entered into by tho Olty of Bremerton to provide fire proteotion to the buildings and grounds of the Frances Haddon Morgan Center located at :342:3 $ixth Street, Mail Stop B'I 8-4, Brernerton, Washington. Billing shall be made monthly based on the following rate and square footage: Rate: $0.040628 per square foot per year Square Feet: 95,859 Total contract amount per year. $3,894.60 Monthly Rate: $324.55 CONTRACT NO. ~'~/~'~/-~/,.~/ INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND THE CITY OF BREMERTON THIS AGREEMENT, pursuant to Chapter 39.34 RCW and all relevant and associated statutes, is made and entered into by and between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES (DSHS) and THE CITY OF BREMERTON. THE PURPOSE OF THiS AGREEMENT IS TO PROVIDE FIRE PROTECTION TO THE FRANCES HADDON MORGAN CENTER. IN CONSIDERATION OF THE MUTUAL PROMISES AND OTHER CONSIDERATION RECITED IN THIS AGREEMENT, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. STATEMENT OF WORK The City of Bremerton shall furnish the necessary personnel, materials and/or services anci otherwise cio all things necessary for or incidental to the performance of the work set forth in Exhibit A attached hereto anci incorporated herein. Unless otherwise specified, the C~ of Bramerton shall be responsible for performing all fiscal and program responsibilities as set forth in Exhibit A. 2. TERMS AND CONDITION~ All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Agreement. DSHS CCS 10-6-97 Page I 3. PERIOD OF PERFORMANI~E The period of performance of this Agreement shall commence on July 1, 1997 and be completed on June 30, 1999, unless terminated sooner as provided herein. 4. CONSIDERATION AND PAYMENT Consideration for the work provided in accordance with this Agreement has been established pursuant to RCW 39.34.130. The cost of accomplishing the work herein will not exceed $9,000. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount. 5. BILLING PROCEDURE DSHS shall reimburse the City of Bremerton upon receipt of properly executed vouchers. Claims for payment submitted by the City of Bremertonto DSHS for costs due and payable under this Agreement that were incurred prior to the expiration date shall be paid by DSHS if received by DSHS within 120 days after the expiration date. 6. NONDISCRIMINATION During the performance of this Contract, the parties shall comply with all federal and state nondiscrimination laws and regulations. 7. RECORDS MAINTENANCE a. The City of Bremerton and DSHS shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by the law. The City of Bremerton shall retain all books, records, documents, and other material relevant to this Agreement for six years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the dght to examine any of these materials during this pedod. b. Records and other documents, in any medium, fumished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this matedal to any third parties without first giving notice to the fumishing party and giving it a reasonable opportunity to seek a court order DSHS CCS 10-6-97 Page 2 prohibiting disclosure. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 8. CONTRACT ADMINISTRATION a. The Program Manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. b. The Program Manager for DSHS is: Robin Webber, DDD Region Business Manager, Frances Haddon Morgan Center, 3423 Sixth Street, Bremerton, Washington 98312 {360) 475-3460 c. The Program Manager for the City of Bremerton is: Paula Johnston, Administrative Services, City of Bremerton, 239 Fourth Street, Bremerton, Washington 98337 (360) 478-531 9. Unless otherwise provided, data which originates from this Agreement shall be '~vorks for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by DSHS. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. 10. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 11. DSHS shall defend, protect, hold harmless and indemnify the City of Bremerton and its affiliates, their respective agents, contractors, subcontractors, employees, officers, directors, and other representatives from and against all claims, suits or actions arising from any services under this Agreement at the direction of DSHS. The City of Bremerton, its affiliates, their respective agents, contractors, subcontractors, employees, officers, directors, and their representative shall defend, protect, hold harmless and indemnify DSHS, its officers or employees from and against all claims, suits or actions arising from any negligent acts or omissions by the City of Bremerton, its affiliates, their respective agents, contractors, DSHS CCS 10-6-97 Page 3 subcontractors, employees, officers, directors, and other representative while performing services under this Agreement at the direction of the City of Bremerton. In the event that the parties are found to be jointly negligent for any acts or omissions adsing under this Agreement, then each party shall be responsible for its sole proportionate share. 12. ~ DSHS certifies it is self-insured for all exposure to tort liability, general liability, property damage liability, and vehicle liability as provided by Chapter 43.19, Revised Code of Washington. The City of Bremerton certifies that either a) it is self insured and shall cover losses for which it is found liable, or b) it shall maintain commercial liability insurance of $1,000,000 per occurrence and $2,000,000 aggregate and shall provide evidence of such insurance to DSHS within fifteen (15) days of execution of this Agreement. 13. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 14. ~ Either party may terminate this Agreement upon 30 days' pdor written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement pdor to the effective date of termination. 15. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party wdtten notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by wdtten notice of the aggrieved party to the other. 16. SAWNGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and pdor to normal DSHS CCS 10-6-97 Page 4 completion, DSHS may terminate this Agreement as provided in section 15, or may renegotiate this Agreement in accordance with any new funding limitations and conditions. 17. mSPUTES In the event that a dispute adses under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. As an altemative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Govemor's process will control. This Agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence, in the following order, to: * Applicable state and federal law and regulations; . ExhibitA (if any); and · Any other provision of this Agreement, including Exhibits and other materials incorporated by reference. 19. ~ The work to be provided under this Agreement, and any claim adsing hereunder, shall not be assigned or delegated by either party, in whole or in part, without the pdor written consent of the other party, which consent shall not be unreasonably withheld. 20. WAIVER A failure by either party to exemise its dghts under this Agreement shall not preclude that party from subsequent exercise of such dghts and shall not constitute a waiver of any other dghts under this Agreement unless stated to be such in a wdting signed by an authorized representative of the party and attached to the original Agreement. DSHS CCS 10-6-97 Page 5 If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirement of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 22. ~ This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. 23. ~ The parties agree that all activity pursuant to this Agreement will be in accordance with all applicable current or future federal, state and local laws, rules and regulations. DSHS CCS 10-6-97 Page 6 THIS AGREEMENT, consisting of eight pages, including all Exhibits, is executed by the persons signing below who warrant that they have the authority to execute this Agreement. THE CITY OF BREMERTON DEPARTMENT OF SOCIAL AND Lynn S. Horton Title Date Title Date APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL At test: DSHS CCS 10-6-97 Page 7 EXHIBIT A Exhibit A to the Interagency Agreement between the City of Bremerton and the State of Washington, Department of Social & Health Services, Division of Developmental Disabilities, Frances Haddon Morgan Center. This agreement is entered into by the City of Bremerton to provide fire protection to the buildings and grounds of the Frances Haddon Morgan Center located at 3423 Sixth Street, Mail Stop B18-4, Bremerton, Washington. Billing shall be made monthly based on the following rate and square footage: Rate: $0.040628 per square foot per year Square Feet: 95,859 Total contract amount per year: $3,894.60 Monthly Rate: $324.55 DEPARTMENT OF SOCIAL AND HEALTH SER,,,CES SHORT FORM I. THIS AGREEMENT is made by and between the State of Washington's Department of Social and Health Services, hereinafter referred to as 'DSHS', and the party(s) whose name(s) appear(s) in item 2. below, hereinafter referred to as the 'Contractor'. 2. CONTRACTOR: City of Bremerton UNIVER~ALBU$1NE$$1DENTIFIER ADDRESS: 239 4th Street FEDERALEMPLOYERIOENTIFICATION Bremerton, WA 98310 NUMIEROR$OOAL~CURITY 91-6001231 NUMIER SPECIAL TERMS AND CONDITIONS IT IS MUTUALLY A GREED THAT: 3. The Con tractor shall provide the goods/services set forth in the following Statement of Work: I W ill provide f~re protection at the Frances Haddon Morgan Center. 1 4. Subject to its other rovisions the eriod of pefformance und. erthis c.on, tr, a, ct sh. all be from thr°ugh ~ 06-30-95 I unless sooner terminatea as provlaea hereto. 5. The ~pecial Terms and Conditions contained in the text of this contract instrument and the attached General Terms and Conditions shall govern all rights and obligations of the part/es to this contract with the following modifications: None IN CONSIDERATION WHEREOF: 6. DSHS shall pay to the Contractor for those services provided herein as follow~: Monthly rate of $415.94. Rate set by the State. The total payment to the Contractor for services provided under this contract shall not exceed I $ 9,982.56 IT IS FURTHER AGREED THAT: The Contractor shaIl submit inv°ices °n a timely basis at the intervals prescribed and °n f°rms pr°vided by DSHS' 8. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Ca) Applicable Federal & State Statutes & Regulations, Cb) Special Terms and Conditions, Cc) General Terms and Conditions, Cd) any other provision of the contract whether incorporated by reference or otherwise. 9. This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject mat~er of this agreement shall exist or bind any of the parties hereto. I0. This contract shall be subject to the written approval of the DSHS Contracting Officer and shall not be binding until so approved. Only the Contracting Officer or his/her designee by written delegation made prior to action, shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Futhermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made, in writing and signed by the Contracting Officer. . EXHIBIT B GENERAL TERMS AND CONI)~IONS DEFINITIONS - A~ ~ throughout this contre~t, the following terms shall h~ve the rne~ning~ set forth below: a. 'Clianf' "hall mean an agency, firm, organtzeeJon, individual or other entity applying for or reoniving anwione under this oontraoL b. 'Cognizant ~teee Agency' shall mean the ~ agenoy from whom the eub-reolplent recalvee ledeml finenoial aaaleeanee. If funds ere re~alved from more than one ~ ageflcy, the cognizant state egen~y shall be the agency who eo~flbute~ the lergeet posen of federal flmm=lal a~,~lanne to the eub-reoiplent. 'Contreetod "hall mean thee agency, finn, provider, organizallon, individual or other entity pe~onntng eewloan under this nontnm[ tt shall Inolude any .ubnontraotor retained by the prime non~aotor a~ pennifted under the term~ of this oontraot d. 'Contre~lng Offloer' "hall mean the Chi~ of the Ofifne of Vendor Servl~ of Del-18 and hie/her dalegotee within that offlne. e. *DGHS' "hall mann the Department of Snolal and Health 8ewk=ee of the 8t~e of Wa"hlngton, any dlvlalon, eaniton, offine, unIf or o~er entity of DSHS, or any of the offlome or nthor ofrmlab Imefully repremmtlng DSHS. f. 'Subeontrent_.od ~bell mean one not an employee of the =ontraotor, who is performing all or prat of those newioee under this contm~t under · nepemto oontmnt with the =ontrector. The tetras 'subcontrentor' and 'eubeontrectom' mean sub.entre=tot(s} in any tier. g. A 'Vendor' is an entity thee by written agreement shall ixovide the ~mount and kind of nervione contranted for by DSI-I~; .hall provide .ewioan under the oon~act only to thnee beneficiaries individually determined to be eligible by D~H8; and civil provide ~ewi~ee on a fee-for-eervloe end/or set rate heels with nontrantual penoitlee if the entity falls to meet ¢ontmntual pefton~anne eeanderd~. h. An 'Independent Conbaotor' is neither an employee, agent, nor reprenento6ve of DSHS. An Independent contractor perforn~ .~vioee for DSHS under m~tmct of · akllled nature or unique kind and u~ually works with no (or under minimal) supewiNon from ~ ~aff. 1. CONTRACTOR NOT EMPLOY~I~ OF O~H~ - The nontre=tor and hie or her employees or agerl~ p~forming under thi. oon~ant ere not employees or egent~ of D~-IS. The oontrec~or ~hall not hold htmanit/hemeif out an nor olaim to be an offiner or ernplnyee of D~HS or of the 8ta~ of Washington by ronann hereof, nor will he or .he make any claim of dgh~ privilege or benefit whioh would ane. rue th · eivll eervine employee under Chapter 41.06 RCW. 2. NONDISCRIMINATION. Dudng the pertormanee of this oontm~ the ~ontre~or "hall comply with D~HS'e Non- Disorlmlneeino Plan a~ amended and the fedend and state ~ upon whk=h If is beeed. Tbe~e law~ Include: Title VI and VII of the Civil Right~ Act Of 1964, Executive O~der 11246 an amanded by Exnoutlve Order 11375, 8entlon 503 and 504 of the R"habilltation Ant of 1973, the Age Di~dmineelon In Employment Ant of lg67. the Age Dieodmineelon A0t of 1975, the 1974 Vietnam Era Veterans RandjuMment Aealotanoe Ant. the Americans with [Y~eb#l#ee Ac[ of 1990. ae amended inolnding the p~ovisiorm of Title II a~ if they were & Publk= ent#y, the Civil RIgh~ A~t of 1991 and the Washington State Law Against Di~oriminet~n, Chapter 49.60 RCW. Requlremant~ of the Non-Dim=dmlneelon Plan are hereby incorporsted by roferenne, to include, but are not limited to: Nondiaoriminnti0n in Employment: The contmofor .hall not dboriminnte ag&lr4t any employee or applioant for employment because of race, c. olor, sex. raliglon, national origin, oreed, madtal ntatus, age, Vietnam Era veteran eteene, dt~bisd veteran status or dieebilify. This requirement doe~ not apply, however, to a religious oorporetion, a~no~ieeion, edu=eeJonal in~itotion or aoofety with reepe~ to the employment of individuals of · pettloulor religion to porlorm work conneoted with the canying on by such oorporeeion, am~o~eelon, educational irm~tuflon or enoiety of The eont~'antor shall take affirmative aclton to ensure thee employane are employed and treated dudng employment without disodmtnation bec. aune of their tens, oofor, religion, ~, neeJonal odgin, oreed, mmtlal ~.t~... age, Viethem Era veteran etatu~, dieebled veteran eeatne or dleab##y. Su"h eetlon .hall include, but not be limited to, the following: Employment, upgrading, demotion, or trort~er; reorultment or neleclion for training, inoludlng apprentioe"hip, end volunteor~. 1of6 3/93 b. Nondim~tmlnation in Client ~ewio~ The contractor shell not, on the grounds of race, color, ,ex, religion, n~ionel origin, oread, age, or dis~ollity: (1) Deny an indivldcol any as~ice~ or nthor benefits Provided undo' this agreement. (2) Provide any ~ewlce(.) or cXber ~ to an indlvidu~ which ~re different, or ~re provided in · diffo~nt m~nnor from thoas provided to othef~ under thee agreement. (3) Subject an individual to unlawful asgregation, aspamte treatment, or ditorlminato~, treetnreflt in arty manner related to the receipt of any ee,~vloe(a), and/or the uas of the contmctor'e faclllti~, er other beneflt~ provided under thl~ agreement. (4) DeW any individual an oppodunlty to pertlofpato in any program provided by ~ agreemorlt through the provielon of ~ewicas or c~mm~tee, or afford an opportunity to do eo which ie different from that ~ ofhem under thee agreement The contractor, in datmmlnlng (1) the typas of asrvlco~ or other baneflt~ to be provided or (2} the olin of indlvtdue~ to whom, or the eltuatin~ in which, ~tmh as~icee or uther baneflte will be provided or (3) the olaas of indtvidua~ to be a~orded an opportunity to participate in ony .ervicee or other bene~, will not utilize ~ritorla or muthede of admln~,.-::on which have the effect of eubjdng individual~ to discrimination becauas of their race, ooicr, asx. religion, nMionel origin, creed, or dleablllty. comply with the above nondicorimlnatkm plan, thee contract may be rasoinded, canceled or terminated in whole or in pad, reasonal:fle time to cum thee normomp~ienco, Any distaste may be rasofved in accordance with lite 'Dieputee' procedure eat forth herein. 4. HOLD Hi4J~MLES~ - Each petty to thee Agreement Mmll be m~xmMbk~ for olelme and/or damagee to pemorle, and/or rast~onalbitity to the oth~ party for the ooflasquencee of any claim, act or omiasicn of any bemon, firm, or cofl:mrMiort not a pady to thi~ agreement. Cioime chall lnciudo, but n~ be §mfied to, aseedicr4 that the uae or b. anefer of any ~ftware, book, document, repot, film, tape or eound refxoduction or mated~ of any kind, dallvored hereunder, W an infringe~tent of any copyright, patent, trademark, trade name, or othemdee reeuti~ In an unfair trade prec~e er in unlawful rast. alnt of compof#lon. 5. C(WF. NANT AGAJMST CONTINGENT FF-F~ - 'l'he contractor pronlbas that no pemon or agency has been employed or retained on I contingent fee for the purpcoe of aseklng or chining thee contract Thl~ doas not ~ to legitimate ern~oyee~ or an eatabtiched commercial or edling agency maintained by the co.rector for the purpoee of ~o'uring bueine~, in the event of bleach of thle clauas by the contractor D~HS may at it~ dleorMinn: a. Annul the contract without any liability; or b. Deduct from the contract price or cormideratfon or nthe~wiee recover the full ameUnt of any such contingent fee. 6. C ' OF S1' - D~HS may, by written notice to the contractor: a. Terminato the right of the contractor to proceed und~ thte oontraof for actinn~, poflclee, practicee, or oml~mne to cot which coeetitute conffiut of intemof within the meaning of RCW chep~' 42.1fi. 'l'hie includee, but ie not Ilmltod to prohthlUone agaioat offedng DSHS empfoyeee, directly M Indirectly, anything of economic value from a contractor or a potmYdel contractor (and from auboontrectom of the foregoing) In exchange for any offieiol ec~t or forbearance to 8ta~ employe~ are not permltled fo re~ve, acee~ take, mink, or eofl01t, dtntc~ or Indimofly, anything of e~onomic value from any pemon, entity, corporelion, WP, or elmllar organization which he~ or ie ~eeklng to obadn a contractual, financial or other bualne~ relatlonehlp wtih D6HS. Thb pmhlbltlon t~lud~ action by empioyee~ de~gned to benefit ob'mr pemone in addition to or inatead of the employee direct. In the conduct of crete buelneas D~HS empfoyeee are expeotod to compove themealvas In a mathed and manner which avoid~ even the appeamnco of favodticm, ebeciel favor, or other conflk~ of Interast with cor~'actore and b. in the event this contract is terminated as provided in (a.) above, DSHS ehall be entitled to pumue the asma remedies egalrmt the contractor a~ ti coutd pursue In the event of a breach of the contract by the contractor. The righte and remediee of I~H$ provided for in this ~eoficn are in addition to arty other dgh~ and remecll~ provided, by law. Any determination made by the Contracting Officer under this cleuas shall be an imbue ancl may be reviewed as provided in the 'Dleputo~' clause of this agreement. 7. TREATMENT OF PROPERTY a. If the contrector is entitled to be reimbumed ss a direct cost item under this ~ont~act for any property purchased in the course of performance, or in related services, DSHS shall as~erl an ownership or security intereM in the propen'y upon the esrlieM of the following evant~: (l) issuance for uae of such property in the pedormance of this oontr&ct, or (il) commencement of uae of suoh properly In the performance of this =ontre~ or (ill) raimbumement of the cost thereof by DSHS in whole or in pad, whichever firm occum. b. Property furnished to the oontreetor by D~HS, or flnaneed or pre-paid by D~HS, end provided to the eo~r, or to it~ agents shall be returned to DSHS. c. Any property of DSHS fumiehed to the contractor shall, uale~ nthemy~e provided herein, or e~oproved by the Contraoting Offlesr, be uesd only for the performance of this contrset. d. The contractor shall be responsible for any ~ or damage to propeny of D~HS which results from the negligel~e of the contractor or whi¢h results from the failure on the p~t of the contra~tor to maintain and edmlnleter tha~ property in socordel~e with sound and reesonable management s. Should any DSHS property be damaged, de~froyed or Io~t, the ~ontractor ehMI notify the Contracting Officer and shall taJ{e all reasonable sfebe to protect that propelty from further damage. f. The contx~tor shall surrender ail D~HS properly prior to ss~ement upon compleiton, termination or coneelleflon of thle agreement. g. All reference to the contractor under this ssotion shall include any of hi~her employeso or &gents or euboontmetom. 8. N(~IA~N~BILrFY OF CI.~Ik~/RIQI-II'~C.,~ OF ACTION - The contractor shall not assign or transfer any elalm/dghte/oaues of ection arising under this confrso[ 9. R~OflD~ DOCUMENTS. AND REPORT8 - The contrector shall maintain books, records, docume~lt~ and other matedais relevant to the provision of good~ or services and ad~luato to documant the seeps and nature of the goods or services provided. Billing records are not sufficient for this purpeee. If ~e contmnt ralmburese the =ontrsotor for ~ tnourred in Pe~orman0e, the 0~antor shall in addition maintain books, rsoorde, documents and other evidence of procedurse and practlese whleh sufficiently and propen~j reflect ail direct end indlrsot oesta of any nature expended in the Performance of th~ agreement. Thees materials ~nall be available sf all reasonable times for ir~psotion, review, or audit by pemormal duly authorized by DSHS, the Office of the Stata Auditor, and federal offlelele an authorized by law, rule, regulation, or confract. The contractor will retain these materials for six yearn after ~itemant, or termination. 10. ~IN~I.E AUDIT ACT REQUIREMENTS A aub-rocipient shall: a. Adhere to the federal Oftico of Management & Budget (OMB) Cirsuler A-128. Cir¢uler A-128 generally c, ovem the single audit requirements for the M~e of Washington including in~Eution~ of higher education, and other governmental organizations rsoalvlng · fodoreJ financial a~letanco of $25,000 end above. b. Adhere to OMB A~133 which establiches single eudlt requirements and federal responaibllltles for implementing end monitoring audit requirements for nonprofit organlzntk)es recalvlng federal financial ~. C. Provide ecce~ to financial record~ to independent euditors. 11. ~M=EGUARD~#G OF CEENT INFORMATION - DSHS is prohibited from penmitting the disclosure of the content~ of any rsoorda, files, pe~pem, aoftwere or other communicattor~ connected with the admlnl~'atton of It~ programs for purpcoes nnt connected with official business. Official bualnees shall Inuiude pu~ conneofed with the administration of D~HS progreme. The contrector shell take measures to prudently ~leguard and protect from unauthorized dioclo~urs ali such D~HS rsoords, files, papers or other communicetions which come into its po~esaion In the Performance of the contrect. Requests for disclosure of the contents of seth re~ords, files, pepsin, et=,, or portions thereof, from membem of the publi0 shell immediately be transmitted or otherwise communicated to the Contrecting Officer for appropriate 3of6 3/93 12. ~ - Unlan~ othenwlan provided, dnta which origlnetot from this ~ontract shell be 'worke fo~ hire" a~ defined by the U.8. Copyrl~t ACt of 1976 and shell be owned by D~HS. Dita shall include, but not be limited to, reports, dooumm~, pemphle~, edv®~i~n~n~, books, mlgezinea, suwey~, Itudle~, oomputor programs, films, tapes, and/or sound mproducttonl. Ownership includes the Hght to copyright, patent, register end the ability to tmnlf~ thru rightl. Data which ic dMIvornd under the oontre~ but which doe~ not odgineto therefrom, sheJI be tmnoferred to nonee(clmdve, fnyelty-free, irrevocable licenan to pubiich, t~aniMM, reproduce, deliver, pe~form, dispose ofl mYI to authorize othere to do so; Provided, 9mt eu~h ~ aha# be limited to the extent which th~ contnmtor hca a, dght to grant such · license. The oootracidr shell exmt ell reeeonebie effort to ·dvian D~iHS, it the time of deltve/y of data fumllbed under thic agreement, of MI known or potanthd inwik)rm of privany oomlthed therein end of any portion of such document which wan not produced in the pedornmnoe of thee agreement. ~ shell receive prompt wn~en notice of each ~ or okdm or copyright Infringement ranMved by the contractor with respect to any data delivered under thll agreement. DSH8 Ihall have the rigM to modify or remove any reeblet~s merking~ placed upon the dim by the cx)ntraotor. 13. SUICCXITRACIINI:a - The contractor shall not enter into suboontre, otl for any of the work oontempiatod under this agreement without prior wrlt~n approval of D~H~. 14. UCIN~#G AND ACCREDITA'nON STANDAIm~. The contractor shad! oornply with all applloabie Ioo~d, state, and fedMII licensing and anoredltlng reclulrementl/itand~dl, neeeieey in the performance of th~a 15. IIJIg]il:~.l'_.()[~_~ll~.?l 0TLC#. The =ontreotor shell provide D~H8 and Mher authorized antjtian the ~ight of anceee to itl MollMee It MI reanomibie times in order to monitor end eveluite pedorman~e, comp#enos, and/or quellty leeuranoe under this oonttant on behelf of D~HS. 16. ADVANGE PAYMP, MTI PROHI!!ffBO. No payment in edeanoe or in ent~olpotlon of ann(ieee or lupplic~ to be provided under tide agreement eh~ll be mede by 17. ~AVIN(~I ' in the event fundthg bom ItMe, federel, or ofher eourean ie w~thdrewn, reduced, or limited in any wly m, ter tbs effe(~ve'dim of thM oontmnt ~ prior to non,el completion, ~ n~y terminite the oontzant under the 'Termirm~)n for Convenience' oleune, SUI~K=t to rer~n under those new fun(ting limRitfonl and 18. LJ~JT~T]O~L~=_~.L/T~IO~q~TY - Only the Contracting O~floM or hie/bur delagiM by wrttlng (delegltlon to be m~de prior to ection) ebeli heys the ev4xm, implied, or applrant euthodty to eltor, emend, modlly, or weirs any ~iauee or eondttfon of this contract on behitf of DSH~. No elto~l~on, modlflootfon, or welver of any clauN or oond~on of thic oontrant la effantive or binding unlani mede in w~Wng and signed by the Coutmotlng Off~sr. 19. ~ - Welver of uny defeutt ehMi not be peemed to be e welver of any subsequent defeurc Welver of e breech of uny provicfon of the oar~rant shell not be deemed to be · wldvor of any Mhor or subsequent branch and Ihell not be construed to be i modlficMfon of the term4 of the agreement unlm Itlted to be such in wdtlng, signed by the 20. CHANO~ AND MOINFICATIONS. The ContmoUng Officer may, et erty t~me, by written notlfio~fon to the oontmofor, end wittmut ne~ne to uny knovm guinmtor or lurety, meke 0bengan within the general ecopo of the Iorvicee to be per~rmed under the contract. Awn'tten contract emandment refleofMg anoh ohangeehe~l be~eeutod bythe pe~jee. An equitable edJuitment in eo~ or period of perfomume, e or tiMh may be rnede If required by the ohenge. Any olelm for odJu~tment In price or period of pMfonnence mult be received within thirty (30) peys of the contteofor's ranelpt of the ohenge nofJoe. The Contracting Ofrmer may, however, receive and act upon any anch elaJm it any time prior to final peyment under the oontrant it higher diloreflon. FMlure to agree to uny m:ljuMment mlde undor thtl i~e~tion shell be an iceue and may be reviewed le provided in the 'DMputan' eec~on of this oontTeot. Nothing in thl~ section shell excuse the oont~antor fTom proceeding with the 0ontraot ae 0henged, 21. DI~PUT~ - Ex0ept M otbe/wIM) provided in thM (x)ntmot, when a genuine dispute m-Ma4 over an Maue releted to the (contract between D~-IS end the contractor end It cannot be rNotved, either porty mey submit a request for s dispute reanltWon to the O(flne of Vender ~e~vie~e. The power agree thit ~ reeofotfon proeee~ ethdl pre,erie judiolel encl queel-judiclel trlbuneL A perry's request for e dispute reaniutfon must: a. be in wrti~ng, and b. Itite the dicpoted Maw, and c. etMe the relMIve poeWona of the pmlh~, and d. etofe the contractor's name, eddre~6, and hie/her daperlmant oontreof number, and e. be mailed to the DSHS Office of Vendor Service~, P.O. Box 45811 Olympia, Washington 98504-5811, within thlrly (30) calendar deyl attar the party oould reasonably be expected to have knowledge of the issue which he/she now disputes. This dispute resolution process constitutes the sole administrative remedy available under this contract. 22. 'I'EI~I~INATION FOR DEFAULT - Failure of the contractor to pedorm any of the contract provisions may re~uif in termination for default. The Contracting Officer may, by written notice, terminate the contraut in whole or in pert. In such ovant the contractor shall be liable for damages as authorized by law, including, but not limited to, any coat difference between the o~ginal corltract end the replacement or cover contract, such a~ the cnet of the compeffilve bidding, mailing, adver~ing ertd stiff time. If, eubeequent to terminatle~, it is detormined for any meson that (1) the contractor was not in default, or (2) the contra=tot's faiture to perlo~n was nut his/her or his/her sub~ontractor's fault or negligence, the termination shall be deemed to be a 'Termination for Convenience.' 23. TERIItNATION FOR CONVENIENCE - Except es nthe;wles provided in this contract, the Contreoflng Officer may, by foultoen (14) days wntten notice, beginning on the ~econd day aft~ the mailing, terminate this oontm~ in whole or in pert wh~ If I~ in the beet Interests of D~-I$. If this contract is eD tomtinefed, D~HS shall be liable only for payment in accordance wtih the terms of this contract for sewlces rendered prior to the afleutlve date of termination. 24. TI PROCEDURE - Upon termination of this agreement D~HS may require the cont]actor to daiiver to D~HS any p~ty i~laiitcaily produced or e~qutred for the perlomtan~e of such p~t of this agreement es ha~ been terminated. The provisions of the 'Treatment of Aeset~' clause shall apply in such properly trensfor. DSHS shell pay to the oontla~tor the agreed upon prt~e, it ~eparntely Itetecl, for completed work and eelvloee a~ei~d by DSH$. In addtilen, DS-IS shall pay the amount agreed upon by the contractor and the Contrauting Offleor for completod work and ~ewice~ for which no ~f:~rate price is ctetod, (b) pe~aily complated work end es~lees, (c) other property or servi~ whl~=h ere accepted by DSHS, and (d) the prote~on and plreservatJon of the proper'e/. If the termination is for default, the Contracting Olflcer shall determine the extent of the tieblll~ of D~H$. Failure to agree with such determination shall be a dispute within the meaning of the 'Disputes' cieuce of this agreement. DSHS may withhold from any amoun~ duc thc cont~'a~tor for such =ompiated work or service~ such sum es the Contracting O#icer dctermines to be nece~aly to protect DSHS against potential leas or liability. The rights end remedies of D~HS provided in this section am in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and excep~ es otherwise direofed by the Contracting Offiner, the =ontrantor shall: a. ~top work under the contract on the date end to the extent specified In the notice; b. place no further orders or subc, ontrect, for matedais, ~ewicea. or facilities except as nece~ery to complate such portion of the work not terminated; c. Assign to D~HS, to the extent directed by the Contracting Officer, all of the rights, tftle~, and intereef of the contractor under the orders end subcontmc-'t~ in which case D~HS has the right, at Its dieoration, to nettle or pay ~ny or all claims arising out of the termination of such orders and suboontraete. d. Settle ail outotanding liabilities and ail claims arising out of ordain or subcontracts, with the approval or ratification of the Contracting Officer to the extent he/abe may require, which approval or ratification shall be final for ail the purposes of this clause; e. Transfer title to DSH~ and deliver, as directed by the Contracting Officer, any prope~y which, If the contra~t had been completed, would have been required to be furnished to D~--I$; f. Complete performance of such prat of the work not terminated by the Contracting Officer; and, g. Take such action es may be n®ceesery, or es the Contrasting Officer may dlrecL for the proration and preserv,,aon of the property related to this contra~t which is in the poese~ion of the contractor and in which DSI-~ has or may acquire an interest. 25. OVERPAYMENT AND ASSERTION OF MEN - In the event that DSHS eatabliahes overp~ymerlt or erroneous peymenle made to the contrantor under this contract, D~HS may ~e~ure repayment, plus Interest, if any, through the filing of · lien againat the cont;actor's real proberb/, or by requiting the posting of a bond, esstgnment of deposit, or some other form of security acceptable to DSHS, or by doing both, 26. OOVERNING LAW - This contract shall be governed by the laws of the state of Washington. 5of6 3/93 8ERIF. RA~UTY. If rely provt.,ion of thil oontr~t or ~ p~*ovl~ion M ~ny dooument Inc~orpom~ecl by referent, .heJl be hMd Inwdid, mmh Inv~dlty ~n~dl not effect the Mh~' provlMon~ ~ thM oontrm~t whioh o~n be given effeot without the invilld p~ovtMon, end to this end the provMIon~ c~ ~hl~ ~c)n~r~c.t ire de~lered to be seversble. ~8. DRUG-FREE WOI~CE ACT 2. Fum~h & ~py of ~ Fmlk~y ~M~m~t to ~oh m,nploy~. 4. Nobly ~t~ ~O~m*o~ ~ ~ when ~m ~nploy~ I~ ~mviot~d for riordon of ~ odmin~l drug ~ 5, Provk~ mfMM,~ to ~mploy~ ~ r~xw~y p~o~mm~ when ~ manploy~'~ u# of ~doohol or mo~Celt~dnG II~I~U~TRIJ~ ~ COYEFIJ~G~ - Whll~ p~form~n~ wo~ u~l~r ~h~ ~ the Contractor ~JI ~omply with the requlmm~n~ of W~in~on ,t~.,'a indu~ml i~urm~e ~rw, Titl~ 5'1 RCW. 6M6 ~ EXHIBIT B GENERAL TERMS AND COND~I1ONS DEFINITIONS - As u~d throughout thi~ contra~t, the following term~ shall have the me~ninge aet to~th below: a. 'Client' ~hall mean an ngenw, firm, organization, Individual or other ontO/applying for or reoelving eewieas under thio contre~ b. 'Cognizant 8t~e Agency' ehall mean the ~ agency from whom the sub-recipient reoeIvee federal financial ~. If funds Are recolved from more than one ~ agency, the cognizant ~thth agency shall be the agency who ~dltzibutee the Iorge~t po~on of federal financial &e~.ietanea to the eub-re~ipiant. c. 'C. orl~a(~o~' shall meam that agency, firm, I:xovider, organization, individual or other entity performing anlvl~ under this ~ontre(~ It Ihall Include ~ eul~ontraotor retained by the prime oontractor aa permitted under the tefml of this contre0L d. '(~ontr(koitn90tfloef' ehall mean the Chief ct the 0tlt~e of Vendor Sefvi~ of DSI-I~ end hke/her dele~ within that e. 'D~4S' lhall mean the D~ of Soohd .nd Health 8ewlnel of the 8thte of Wamhington, any dIv~lon, anoifon, offlea, unit or other entity of D6HS, or any of the dllnem or ntber offl~lal~ la.fully repre~mting D~I.~. f. 'Suboontrecto~ ehall mean one not an employne of the contractor, who b pettomllng all or pelt of thole ea~vieae under this contract under a ~eparate conb'aot ~ the conb'aotor. The temm 'eubcontractof' and 'eubr. ontrectore' mean aubcontre~tor(e) in any tier. g. A 'Vendo~ is an entity that by written agreement eh-il provide the amount and kind of ~efvi=e~ contraoted for by DSHe; Ibell provide anrvl~m under the contract only to thole I:)ene~le~h~ individually detemtlned to be eligible by DSHS; and llbell provide eefvi=et on a fee-for-tervlea and/or eof rate baab wi~ oontrautual penalife~ If the entity fail~ to meet contractual peftorrnenea .t&ndorde. h. An 'Independent Contractor' i. neither an emptoyne, &gent, nor repre~enthtIve of D~HS. An independent contmv-tor perlorm~ aewic, e~ for DSHS under contrect of a ektlled nature or unique kind and ueually work~ with no (or under minimal) eupervieion from DSHS etaff. 1. CONIRACTOR NOT EMPLOYEE OF O~H$ - The contmofor and hie or her employeea or agents perlorming under thio con.act are not emp~ee~ or agent~ of DSH~;. The contrector ehall not hold hin.4eH/herleIf out a~ nor c~dm to be an offlear or empk)yne of D~H$ or of the 8tote of Waehington by reaan~ hereof, nor wlif be or ehe make any (~laim of right. privilege or benefit which would auome to a civil eewi~e employee under Ch~ofer 41.06 RCW. 2. NONDISCRIMINATION - During the perfuh-~an~e of thi~ contm~ the oontra,~tor ehell comply with DSHS'e Non- Dil~riminetion Plan ate emended end the toderel and at. to ~ upon whlr..h it b baled. Thane I~w~ Inolude: Title VI and VII of the Civil Righte Act of 1964, Exe~uifve Ofdor 11246 an ~Tmnded by Execoifve 01'der 11375, Section 503 and 504 of the Rehebllita~)n A=t of 1973, the Age D~3rtmin~<)n In Employment A(=t of 1967, the Age DItcrlminc4ton ACt of 1975, the 1974 Vietnam Era Veterans Readju.tment Aa~thn~e ACt. the Amerlr. al~ with Dia~lbllitle~ Ant of 1900, ~ amended including the provi~or~ of Title II ~ if they were · Pub#c er~, the Civil Right. AOt of lg91 and the Wanhlngton S'ta~e Law Agalnct Di~crimimdion, Chapter 49.60 RCW. Requlremente of the Non-Dl$cflminaifon Plan are hereby incorporatnd by reference, to include, but ore not limited to: a. Nondi~riminetlon in Employment: The cont---tot shell not dl~..rlminete agalnet any employee or applicant for employment baneuan of race, color, ~e0(, religion, naifonai origin, creed, marital etotu~, age, Vietnam Era veteran Itatu~, dieabled veteran ~thtue or all.ability. Thb requirement does nol apply, however, to & religiou~ corporation, as~ociaifon, educational in.tltotion or anciMy with ranpect fo the employment of individual~ of a p~'l~ulm' religion to perform work connected with the car~ing on by euoh oorporetlon, eaan~iaifon, educational irmtJtutton or ecoiaty of The ~on~'a~r sheJI take affirmative ac~on to ensure that employea~ are emp;oyed and treated during employment without diauriminet]on bec&u~e of their ra~e, color, religion, .ex, n~lonal origin, ureed, rn~ stotu., age, Vietnam Era veteran etoto~, dianblnd veteran ~ or dleability. Such action ehall include, but not be limited to, tho following: Employment, upgrading, dem~on, or ~'anefer; recruitment or ~elev-~on for training, In=tudlng epprent]ceehil~ end volunteers. lof6 3/93 b. Nondieorimlnatlon in Client ,~ewloea: The oontraotor ehall noL on the groundt of moa, oolor, eex, religion, national odgln, 0reed, age, or dleeblllty: (1) Deny an individual any aervlce~ or other benofrm provided under thla agreement. (2) Provide rely Iw, vtoe(a) or other bMter41 to in individual which are different, er are.provided in a different manner from thoee provided to othem under thl~ ag~ement. (a) ~Jbjint an individual to unlMvful legreglWon, lep~rnte treatment, or dlioriminetory treatment in any manner related to the reeeipt of any landee(i), and/er the uee of the nontmeb)r~l fanlllt~N, or ofher benl~l provided undM th~ agreement (4) Deny any lnd~dual an opportunity to petieipete in any program provided by thle agreement through the prov¼ion of le~vioee or Mhaneiie, or afford an oppmtunity to do ee whioh ia different front that ofk)rded ofhem under thll agreement. The oonttlmter, in determining (1) ttm type~ of iorvioee or o~mr benMIM to be provided or (~) the oleee of Jndlviduale to whom, er ttm eltuMk)n in whioh, euoh M)/vi(~e er other benofltl will be provided or (a) the olMe of indhaduab to be Iffarded an oppomml',y to paWoip~e ineny ee~lw or other bandltl, will not utilize ca~terll or mMhode of idminlWldfon whioh hive the effect oL~ubje~ng lndividuali.to dleon~nination beeauae of thMr rage, color, eex, religion, national origin, creed, or cliaablllty. NONCOMPtJANGE WITH NOND~CRIMINATION I~AN. In the event of the nontrioter!a nonnompllenee er mfueel, ~ oomply with the above nondieerlmthation pMn, thl~ oontmct may be reantnded, oennoled or mminaWcl in whole or in pet and the oontmcter may be deoMred inMigible for fu/ther oontmotl w~th D~HS. Dell8 ihell, howewr, give the contractor reelonebie time to cure thil nonoomplianee. Any dlipute may be reeofved in eoeerdanoe vv~th the 'Olapntee' prnoedure aM forth herein. HOLD HA~IM, ES~ - Eanh pmty to thll Agreemant:ehelJ be reepm)elbfo for ol~lrne end/er damagee to pemonl ancl/or propMty mluWng from the negilgenoe on the pet of itl~, itc empk)ym, or Itl offleerl. Neither pa~y eMumN any rNpoeetlMNty to the other per~y for the nonoequanoee of any oMlm, eat or omiM~m of.any pemon, fl/m,,M oerpMMton not a pmty to thb agre~mant. Cl~lme.ehell lnotude, but not be Ihelt~d to, ee~Werm th~ the uee er t~m of m~y ~, beok, doeumant, report, film, tape er seund reproduction er ma~Mlal of any ktnd, dMIvored hereunder, noneb*tute~ an tr~rlngement of any oopydght, patent, tn~demerk, trade name, or ofh®w~lee m~ult~ In an unMIr trade pll~lee m' In unlawful repaint of oompMItlon. 5. C~ A~MI~I~I' CONTINGENT FEE~ - The centracter promleee th~ no pemon or agenoy bee been.employed ur reMn~l on & noatlagant fee for the purpoee of aeeklng or of3tolnlng thl~ nontraet. Thla deee no{ apply to legltlmute employee~ or an eetobllehed oommemlal or eelling egenoy maintained by b~e eontmeter ~ the pufpoee of aanu~lng buelneM. In the event of breech of thle el&uae by the noffa'a~,-tor D~1'48 mayat ~ dl~'e~on: a. Annul the oontmct without any liability; or b. Deduct from the eontrant pri~e or eonoideration or ofh®~wiee ranover the full amount deny such nontlng®nt fee. 6. CONFUCT OF INTEREIFI' - DSHS may, by writ~n notlc4, to the ~ontractor: a. Terminote the right of the eontraofor to preeeed under thie oontmct for eetfone, pellelee, pra~ieee, or ernleelono to ant whioh o~n~ltute oonfllct of Intereet within the meaning of RCW obeyer 42.18. Thle Inoludee, but.le not limited {o prohlbWona againot offering DBl..IS employeee, dhectly er Indirectly, anything of eeenomle value from · e~ntmetor o~ a potential contractor (and from aub~ontractom of the foregoing) in exehe~ge for any official act er fod3eeranoe to act. eoenomb value from any pemen, entity, ~lX)mlon, pa~mem~p, er ~lmllar o~ganlualon whloh hM or I~ ~eeklng to obtadn a oontraetual, flnancleJ or other buelneM rela~3nehlp with D~-I~. Thle i=~lbl~3n Inoludee aotlen by employeee deeigned to benefit ofh~' pemone in addition to or iMteed ~ the empfoyee dlre~ly. In the conduct of etate buaineea DSH8 employee~ are exbeetod to oompMe thern~elvee In a mofhod and manner whioh evolde even the appeeranoe of favorltiem, spanlal favora, or other nonfllote of inter~t with eontractere and b. In the event thie conbaot is terminated ea provided in (&) above, DSHS ahell be entitled to pumue the ~wwe remedies against the oontrantor as it could pumue In the event of a breach of the oontra~t by the contractor. The rtghte and remedle~ of D~I..IS IXovided for in this eectlon a~e in eddltlon to any other rlght~ and remedlM provided by law. Any determination made by the Contracting Offieor under thia clau~e shall be an issue and may be reviewed ea provided in the 'Diaputee' olause of thi~ agreement. 7. TREATMENT OF PROPERTY a. If the contre~'tor is entitled to be reimbursed as a dimGt co~t item under this contract for any property purcha~cl in the course of pedormance, or in related cervices, D"oHS shall assert an ovvnerahlp or secure, interest in the propert-/ upon the earliest of the following evetlt~: (i) iuuance for u~e of such property in the pertormance of this contract, or (ii) commencement of uce of such prop~ty In the performance of this contra~t, or (iii) ralmbumement of the cost thereof by DSHS in whole or in pert, whichever firm occum. b. Property furnished to the c. ontra~r by DSHS, or financed or pre-paid by DGHS, and provided to the contraofor, or c. Any pre~erty of ID~HS fu~ to the contreofor shall, unleas ofhem~e provided herein, or ~proved by the Contracting Officer, be u~ecl only for the pe~formanc, e of tht~ contract. d. The con~-tor shatl be reeponMbta for ~rty I~ce~ or damage to property of DGHS which re~uit~ from the negligence of the contractor or which rasuit$ from the frdluro on the pert of the contrantor to maintain and edmirdMer that prope~y in a~cordance with sound end reasonable management practices. e. Should any DSHS property be damaged, dastroyed or ~ the ~onfl'aotor shall notify the Contra~dng Officer and shell take all re~on~bic Maps to prctect that property from ~u~her damage. f. The contr~or shall eurre~cler all D~H~ property pdor to ~itement upon completion, tormthatJon or oan~atlM~on of this agreement. g. Ail ralerence to the contractor under this section Ihall inalude any of hi~her employees or agents or eubcontrantors. 8, NO~L~t' OF CLAiM~RiQHT~C~U$E OF &CTIO~I - The contra~or shall not assign or tranofer arty ctatm/dghta/c~uas of action arising under this 9. RECORDS. DOCUMEN'F~ AND REPORT~ - The contractor ~hall maintain books, records, documents and other meterleJ~ relevant to the provblon of gcoc~ or cewicas and adequate to dsoumant the scope and nature of the goods or cewicas provided. Billing recorde are not sufficicnt for thi~ purpose. If the centrust reimburae~ the contractor for ~met~ incurred in performance, the contractor eheit in addition methtaln boolm, records, document~ ~ other evidence of pro~edur~m and prae~oee which sufficiently and properly rattaof all direct end indlrsot costs of any nature expended in the pe~oml~mce of this agreement. These m~tarial~ shell be available ~t all reasonable times for in~peoflon, rovlew, or audit by personnel duly authorized by D~..IS, the Oflk=e of the ~tate Auditor, and federal oftialale so authorb, ed by law, rule, regulaUon, or ~ontraof. The contractor will teton thase matadaJe for six yams after satitemant, or tamtinatlon. 10. ~RN~E AUDIT ACT REQUIREMEN'F~ A eub-re~ipient ~hall: a. Adhere to the federal Office of Management & Bud~of (OMB) Circular A-128. Cimulm' A-128 generally ~overs the single audit requlremerd~ for the MMe of We~hthgtml th~udklg ir~Jtu~onl of higher educ.~ion, and other governmefltal organizations receiving a federal fl~an=lal asalMm~ce of $25,000 and above. b. Adhere to OMB A-133 which astablilhas single audit requtrerne~ and federal responsibilities for Implementing and monitoring audit requirement~ for nonprofit organizMior~ receiving federal financial ~iManee. c. Provide access to financial records to independent eudlfom. 11. SAFEQUARD~IQ OF CUENT INFORMATION - D~HS is prohibited from permitting the diaslceure of the contents of any rasord~, files, papem, soltware or other communications ~onrte~ed with the administration of it~ programs for purpceas not connected with official business. Official business shall th~lude purpom~ conneofed with the admlnleb'eticn of D~HS programs. The c. ontra~or shall take measures to prudently cefeguard and preta~ from unauthorized dicciceure all such DSH$ re~orde, files, pepsin or other communications which come into it~ pomm~icn in the peri'ormance of the =orltra¢c F~uasta for di~loaure of the contents of luoh records, flle~, papom, of~,, or portions thereof, from membem of the public shall immediately be transmitted or othem~ise communicated to the Contracting Officer for appropriate e. ctton 3of6 3/93 12. RI~ - Unlees othen~'ioe provided, data whioh origin.~ from thio oontr,~*.t .hall ~ ~e ~ him' ~ d~n~ by ~ U,8. ~ri~ A~ ~ 1976 ~d thai ~ ~ ~ DS~. Dm ~11 in~ude, b~ n~ ~ lim~ ~, r~, do~, ~p~, ~me~, ~k., m~, .u~, ~ud~, oom~r ~g~., fll~, ~, an~ D~ ~ ~ ~ un~r ~e =~ b~ wh~ ~ n~ ~i~ ~mm, ~heli ~ ~n~ ~ ~ ~ no~e, ~-~, i~ I~ ~ pu~, ~, ~, ~r, ~, d~ ~, ~ ~ un~r ~b ~ ~ MI kn~n or ~ i~l~ ~ ~eW ~ ~ln end ~ ~ ~n ~ ~h d~m~ ~1~ w~ ~ p~ in ~ ~l ~ ~b ~ ~ ~1 ~ ~m~ ~n n~ ~ n~ ~ olaim or ~M I~n~ ~ ~ ~ ~r ~ r~ ~ ~ dm ~1~ under thio 13, aU~~. ~ ~r e~l ~ ~r i~au~ f~ ~ ~ ~ ~rk oo~mp~ under ag~ ~ ~r w~n ~p~al ~ ~. 14. ~ ~ ~A~N ~ - ~ o~r eh~l ~ ~ ~1 ~pll~le I~, ~, ~d 15. ~ - T~ ~r ~1 ~ ~8 ~ ~r ~ e~ ~e rigM ~ a~ ~ ~ ~i~ ~ ~ ~ ~ in or~ ~ ~n~r ~ ~Mum ~, ~pil~, an~ qu~ muranoe u~der · io ~ on ~ ~ ~. 16. AD~ PA~ ~ - ~ ~ in ~e or in ~i~ ~ ~o~ or eu~l~ ~ ~ ~lded un~r ~ ~ ~1 ~ ~ ~ ~. 17. ~ - ~ ~e ~ ~ ~m m, ~, or ~ ~ b ~r~, ~, or iim~ in ~ ww ~r ~e ~e dm ~ ~e ~o~ ~ ~ ~ ~ ~, ~ ~ ~lnm ~ ~ u~er ~ ~e~in~on for Co~n~oe' ~, eub~ ~ m~on u~ ~ ~ ~g IIm~ ~d ~dMom, 18. U~A~ ~ A~- ~ t~ ~ng ~ ~ ~ ~l~m ~ ~ng (de~ ~ ~ m~e ~r ~ ~b ~ ~ ~ ~ ~. ~ ~, ~, or w~r ~ ~ eiou~ or o~d~n ~ th~ ~ ~ ~e~e ~ ~ing un~ ~ In w~ an~ a~n~ ~ ~ ~ng ~r. 19. ~- W~er ~ aW dd~a ~1 n~ ~ d~ ~ ~ a wa~er ~ ~ eu~ ~ Co~ ~ ~ ~HS, ~d ~ ~ ~ ~igln~ ~. C~ ~ ~~ - ~ ~ng ~r ~, ~ ~ ~, ~ w~en n~n ~ ~ ~, ~ t~ ~ A ~ ~ ~ ~ ~h ~ ~ ~ ~ ~ ~e ~ An ~u~ adj~ in ~ ~ ~ ~ ~ or ~h ~ ~ ~e ~ r~ul~ ~ ~ oh~. AW olMm ~ ~Ju~e~ In price ~ ~fl~ ~ ~o~an~ m~ ~ ~e~ed w~in ~iW (~ ~ ~ ~ co~a~r'a r~ ~ ~e o~ n~. ~ ~ng ~r mw, ~, m~e ~d ~ u~n ~ ~ cl~m ~ aw ~ p~r ~ fine u~er ~e o~ ~ h~r d~r~n. F~um ~ ~ ~ ~ edj~ ~ ~d~ ~ ~n ~1 ~ ~ ~ ~ mw ~ ~ ~ p~l~ ~ 'D~" ~on ~ ~b ~ ~i~ In ~b ~ a~l ~o~ ~ ~a~ ~m ~dl~ ~ ~e 21. ~S~ - ~ ~ ~e~ ~1~ in ~b ~ wh~ a ~ui~ d~ m ~r ~ ~ ~ ~ ~ ~ ~ and ~ ~ ~ R ~ ~ ~, ~ ~ ~ aura a ~ ~ a dbp~ ;ea~ ~ ~e ~ ~ Vendor ~. ~e ~ ~ ~M ~ ~l~n p~ Ih~l p~ ~ a~on judi~ ~ qu~j~i~ M~I. A ~'~ r~ for a dlap~ r~l~ mu~: a. ~ in ~ng, ~ b. ~ ~e ~ ~, and m ~ rel~e ~om ~ ~e ~, and d. m ~ ~'e n~e, a~, ~ hi~r de~me~ oo~a~ numar, and 4~ e. be mailed to the DSHS Office of Vendor Sewicas, P.O. Box 45811 Olympia, Washington 9~504-5811, within thirty (30) calendar days after the pan'y could reasonably be expected to have k~owledge of the laaue which he/she now disputes. This dispute resolution pr°cess conatltute~ the sole administrative remedy available under this ~ontract. 22. TE~MII~IATIOH FOR DEFAULT - Failure of the contractor to pedorm any o! the contract provisions may result in termination for default. The Contracting Officer may, by written notice, terminate the contract in whole or in part. In such event the contractor shall be liable for damages as authorized by law, including, but not limited to, any coat difference between the original contract end the replacement or cover contract, such aa the cost of the compe~lve bidding, mailing, advertising end staff time. If, subsequent to termination, it is determined for any reason that (1) the contractor was not in. default, or (2) the contractor's failure to parterre was not hi,her or h~/her sub,or, tractor's fault or negligence, the termination shall be deemed to be a 'Temfination for Convenience.' 23. TEI~III~A?IO# FOR CONVENIEIIfCE - Except aa otherwise provided in this contract, the Contracting Officer may, by fou~teau (14) days wrlt~n noftce, beginning ~n the second day after the mailing, terminate this confl~.t in whole or in pelt whan it is in the belt interext~ of D~.IS. If this contract is ~o terminated, DEH$ shall be liable only for payment in aocerdance with the temm of this centract for ce~wices rendered prior to the efieofive date of termination. 24. TE~II~ATIO~ I=~OCEDURE - Upon termination of this agreement D~HS may require the contractor to deliver to D~I-~ any property ~l~¢efly produced or a~qulred for the pen'orman<3e of such pert of ~ agreement a~ has been terminoted. The provislon~ of the 'Treatment of A~et~' clause shall apply In such propert~ traaafor. · DSH~ ilhall pay to the oofltractor the agreed upon price, it ilparataly atated, for completed work ~ eervk~e~ accepted by DSHS. In addition, DSHS shall pay the amount agreed upon by the cefltreotor and the Co~tranting Officer for (a) completed wot~ and ce~vicex for which no aaparate price is ef~ed, (b) pa~aky cempleted work end aarvi~ce, (c) other property or sewicex whish are a~.eptod by D~HS, and (d) the plote~len end praaewation of the properly. If the termination is for default, the Contrauting Officer shall determine the extent of the liability of D~HS. Faiture to agree with such determination shall be a dispute within the meaning of the 'Disputaa' cleuaa of this agreement. D~HS may withhold from any ~mounte due the oontraofor for such completed work or services such sum aa the Contracting Offcer determines to be necessary to protect Dells against potential Io~ or liability. The rights end remedle~ of DSHS provided in this ~don ere in edd~on to any other rights and remedies provided by law or under this centrect. After re~alpt of a notice of termination, and except as ofhel~iaa directed by the Contracting Offcer, the cont~ofor shall: a. ~top work under the contract on the date and to the extent specified in the notice; b. Place no fu~lher orders or subcentracts for materials, ~ewice~, or facifltiaa except as neceaaa~y to complete such portion of the work not terminated; c. A~eign to D~HS, to the extent directed by the Contranting Ofifoer, ali of the flght~, ti'des, and interest of the contractor under the orders and eub~ont~'aot~ in which cane D~I-IS baa the right, at I'm dtm=r~lan, to cettle or pay any or all oleims arising out of the termin~ion of such orders end subcontracts. d. Settle all outstanding liabilities and all ~lNm~ arising out of orderl or ~lboontra~m, with the approval or ratification of the Contracting Officer to the extent he/~he may require, which approval or ra~lcatlon shall be final for all the purposes of this clause; e, Transfer title to Dells and deliver, a~ directed by the Contra~ting Officer, any property whi0h, ff the oo~'aef had been completed, would have been required to be fumimbed to f. Complete perlormance of such part of the work not terminoted by the Co~tra~,~dng officer; end, g. Take such action as may be neoescery, or as the Contracting Officer may direr't, for the prote~on and prexewatfon of the Ptoporty ralated to this contract which is in the po~exalon of the cont~'&~for and in which DSHS ha~ or may acquire an interest. 25. OVEI~PAYM~.I~R' AND ASSERTION OF LIEN - In the event that DSHS aateblishaa overpayment or erroneous paymente made to the centl'ector under this co~'e'ect, DSH$ may aaeure repayment, p~ua intereat~ If any, through the filing of & Ileft agalrmt the contractor's real property, or by requiting the posting of a bond, assignment of deposit, or some other form of security acceptable to DSHS, or by doing both, 26. GOVERNING LAW - This contraof shall be governed by the law~ of the state of Washington. 5of6 ~ - ~M I~M, inv~ ~, ~ ~ ~ end ~ p~io~ ~ ~ co~ are ~ ~ ~ ~er~. D~ WO~E The ~W 3~ ~ ~ ~ ~ ~ ~h l~W ~ b W ~m~ ~, ~ ~on M ~ ~il~ 4. IN~ 6of6 3/93 Richard J. Thompson Secretary STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES OB-22N, Olymp~, ~hing~n 9B504-0095 April 2, 1991 City of Bremerton Office of the City Clerk 239 4th Street Bremerton, WA 98310 RE: CONTRACT NUMBER 2450-62880 (2) Dear Contractor: Enclosed is a fully executed copy of the above-referenced contract/amendment between you and the Department of Social and Health Services. This copy is for your permanent files. If you have any questions, olease contact me at (206) 753-1315. Sincerely, Oorie R. Keeley Deputy Contractin9 Officer Office of Contracts Management OB-22N Department of Social and Health Services Olympia, Washington 98504 DRK:jmc CONTRACT HO. 2450-62880 (2) FORHAHENDNENT PURPOSE OF CHAHQE: To amend that contract between the State of Washington, Department of Social and He&lth Services, end the City of Bremerton under the provisions of that Changes ~nd Hodtficetions Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT [8 HUTUALLY AQREED THEREFORE: That the contract ts hereby amended follo~s: 1. The period of performance is extended fro~ July 1, 1991 through June 30, 1993, unless terminated sooner as provided herein. 2. H&xtmu~ p&y~ent to the Contractor for the ~eriod of this extension ts $9,982.62. 3. N&xt~Um payment to the Contractor for the entire period of this agreement, to include the original agreement and all subsequent amendments thereto, sh&11 not exceed $19,965.24. ALL OTHER TERHS AHD CONDITIONS of the original contract and any subsequent amendments thereto rem&in tn full force end effect. [N WITNESS WtlER~-~F_, the undersigned has affixed hie/her signature in CITY OF SREHERTON STATE OF WASHINGTON DEPARTNENT OF SOCIAL AND ~_~__ ~_~_~_~ HEALTH SERVZCES (Date) '/ ~ / (Date) APPROVED AS TO FORN ONLY BY THE OFF[CE OF THE ATTORNEY GENERAL Richard J. Thompson Secretary STATE OF WASHINGTON DEPARTMENT OF SO(~IAL AND HEALTH SEP, VI(~ES Olympia, Washington 08504-00~5 AUgUSt 2, 1989 City of ltra~rton 239 Fourth St~t Breaerton, WA 98310 Attention: Kathleen NcCluskey RE: CONTRACT NUNSER 2450-62880 (2) Dear Contractor: Enc3osed is a fully executed copy of the above-referenced contract/amendment between you and the Department of Soctal and Health Services. This copy is for your permanent ¢t les. If you have any questions, please contact me at (206) 753-1315. Sincerely, Dorte R. Schulte~ Deputy Contracting Officer Offtce of Contracts Nanage~ent OB-22N Depart~tent of Social and Health Services 01yapia, Nashtngton 98504 DRS: 3mc CONTRACT NO. 2450-62880 (2) FORN ANENDNENT PURPOSE OF CHANGE= To amend that contract between the State of Washington, Department of Social end Health Services, and the City of Bremerton under the provisions of that Changes and ~odiflcatlons Clause therein, and to make other neclslary ch&n~os within tho scope of that contract and any subsequent amendments thereto. IT IS NUTUALLY AGREED THEREFORE= That the contract is hereby amended as follows= Clause I 10 is amended to read= "This agreement shell commence on the first day of July 1989 and shall continue in effect through June 30, 1991. Any modtfloatlons to this agreement shill be accomplished only by · formal contract amendment sisned by both parties. In the event the parties desire an extension in in the period of this agreement, luch action should be taken et least thirty (30) dayl prior to its expiration date." Clause I 5 is amended to read= "The Department shall make payments to the city for said services which will total 14,991.31 per year during each year of this contract. Such paymentl will be made on · monthly basis in the amount of 1415.94 per month." "Total contractual obligation is $4,991.$1 per year for the term of this contr&ct based on a total square footage of 122,859 at a rate of $0.040628 per square foot per year." "The beSineing date of performance under this contract shell be July 1, 1989, regardless of the date of execution, and the Deportment shall reimburse the Contractor for those costs incurred la performance hereunder and in accordance with the terms and conditions herein contained for that period between July 1, 1989 and the date of execution. ALL OTHER TERHS AND CONDITIONS of the original contract and any subsequent emendments thereto remain In full force end effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. CITY OF BREHERTON STATE OF WASHINGTON DEPARTHENT OF SOCIAL AND HEALTH SERVICES APPROVED AS TO FORH ONLY BY THE OFFICE OF THE ATTORNEY GENERAL CONTRACT NO. 2450 - 62880 (2) FORM AMENDHENT PURPOSE OF CHANGE: To amend that contract between the State cf Washington, Department of Social and Health Services, and the City of Bremerton under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes ~lthln the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract is hereby amended as follows: Clause 810 is ameuded to reade 'This agreement shell commence on the first daf of July 1989, and shell continue in effect through June 30, 1991. Any modifications to this agreement shell bo accomplished only by formal contract amendment signed by both parties. In the event the parties desire an extension tn the period of this agreement, such action should be taken at least thirty (30) days prior to its expiration date. Clause 05 Is emended to read: 'The Department shall make payments to the city for said services which will total · per annum during the term of this contract. Such payments will be mede directly on a monthly basis in the amounts of · Total Contractual Obligation · per annum for tho term of this contract based upon a total square footage of 122,859 et t rate of 9 per square foot per annum. The beginning date of performance under this contract shell be July 1, 1980, relerdless of the date of execution, and the Department shall reimburse the Contractor for those coats incurred in performance hereunder and In accordance with the terms and conditions herein contained for that period between July 1, 1989 and the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contraut and any subsequent amendments thereto remain In full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature In execution thereof. STATE OF UASHINGTON CITY OF SREMERTON DEPARTHENT OF SOCIAL AND HEALTH SERVICES ~ - (Date) (Date) ~::LL~,<~,r'. ~o~~'~..~~- APPROVED AS TO FORM ONLY BY THE / OFFICE OF THE ATTORNEY GENERAL 2450-62880 FIRE FROTECTIOH AGREEI,~NT STATE OF WASHINGTON DBPAR~ OF SOCIAL AND REALTH SERVICES AND THE CITY OF BREM~RTON This Agreement, made and entered into on ~his \~ day of '~,.A] , ]987, by and between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, here- inafter referred to as the "Department," and the CITY OF BR~24ERTON, a Washington Municipal Corporation, hereinafter referred to as the "City." WITNESSETH: WI{EREAS, contracted agreements between public agencies are permitted by the Interlocal Corporation Act 39.34 RCW; and ~HEREAS, the Department has at the City site and adjacent hereto, certain land, buildings and improvements at Frances Haddon Morgan Center (FHMC); and WHEREAS, the Department having the obligation to safeguard the persons and property of the persons resident in such institution requires fire protection services; and WHEP. EAS, in the interests of the safety and. protection of the residents and the buildings and improvements of the Department from injury and destruction by fire, it is necessary that full-time fire protection be afforded to the Department with adequate equipment and personnel to achieve that purpose; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: ]. The Superintendent of Frances Haddon Morgan Center (F}~4C), and the Mayor and two members of the City Council shall constitute a join= board for the purpose of administering this agreement pursuant to · RCW 39.3~.030; one of such members shall be selected as Chalrma~/by a majority vote of the members of the joint board. The State Fifre Marshal or his designee shall be an ex officio member of the joint board. 2. The Cit~ shall have the control and direction of the fire department and shall pay for all equipment, supplies and material and all expenses of salaries of employees and the cost of maintenance and operation of the fire department. All equipment, improvements, supplies and materials purchased by the City in performance of its obligations under this agreement shall be the sole property of the City and the risk of loss of the same shall be borne by the City. -2- 3. The City shall furnish fire protection to FHMC upon all of the land and improvements thereon. G. The {oint board shall meet at least biannually and at such other times as m~y be necessary for the purpose of administering The provisions of this agreement and for the determination of policies and procedures: a) for conducting fire drills, b) for fire and safety education and inspections, c) in the event of fire at any of The facilities of the Department, and d) for how employees and facilities o6 the Department may be utilized for/during any of the items men:ioned in a-c herein. 5. The Department shall make payments to' the City for said services which will total $3,792.00 per annum during the term of this contract. Such payments will be made directly on a monthly basis in the amounts of $ 316.00 Total Contractual Obligation $3,792.00 per annum for the term of this contract ba~ed upon a to:al square footage of 93,333 at a rate of $ .04 par square foot per annum. The beginning date of performance under this. contract shall be July I, 1987, regardless of the date of execution, and the Department shall reimburse the Con[actor for Those costs incurred in performance hereunder and in accordance with the terms and conditions herein contained for that period between July 1, ]987'and the date of'execution. .. 6. In the event the State Planning and Community Affairs Agency (PCAA) provides funds to the City pursuant to House Bill 313 (attached hereto as Exhibit A), the payments to be provided by the Department to the. City hereunder shall be reduced on a dollar-for-dollar basis by the funding provided by the PCAA. The city shall notify Fl{MC upon receipt of any payment from PCAA and the manner of'offsetting the PCAA payment shall be mutually agreed upon. 7. l"ne Department shall pay to the City on or about the first day of each and every month following the effective date of this agreement of the agzregaTe annual ToTal of the sum set forth above for fire protection services rendered to the Department for the previous month. 8. In the event the number of alarms to which the City responds with equipment exceeds one-hundred (]00) in the year, negotiations shall be reopened to determine additional consideration necessary to compensate the City. 9. It ~s' agreed that the City .... will save and hold harmless and/or indemni, i_~ffY~-~n the Department from eny and all c aims for daises to person p ; arisen, by reason of the negligence of the City of Bremerton performance of its obligations under this agreement. ~ J~ ~R~,,CE£, ~-',~ ,..,, -3- ]0. This agreement shall commence on the ]st day of July ]987, and shall continue in effect through June 30, ]989. Any modifications to this agreement shall be accomplished only by formal contract amendment signed by both parties. In the event the parties desire an extension in the period of this agreement, such action should be taken at least thirty (30) days p=ior to its expiration date. ]1. The City will provide fire code inspections as required.by the Uniform Fire Code and standards as published by the International Conference of Building Officials and Western Fire Chiefs Association. The resulting report on the inspection(s) will be forwarded to the Department by the City. ]2. In the performance of this agreement, the City shall comply with the Non-Discrimination Plan of the Department. The City shall not discrim- inate on the grounds of race, color, national origin, sex, religion, marital, status,, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in: a) Any terms or conditions of employement to include, taking affirmative action necessary to accomplish the objectives of this part; and b) Denying an individual the opportunity to participate in any program provided by this agreement through the provision of services, or otherswise afforded others. In the event of the City's non-compliance or refusal to comply with the Non-Discrimination Plan, this agreement may be rescinded, cancelled, or terminated in whole or in part. The City shall, however, be given a reasonable time in which to cure its non-compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set 'forth herein in paragraph ]4. ]3. Either party may terminate this agreement upon thirty (30) days written notification. Provided that in the event funds are rescinded, revoked or otherwise made unavailable, the contract will be terminated zmmed~ately. Claims for payment submitted by the City for costs due and payable under this agreement that ~ere incurred prior to the above-referenced termination date shall be paid by the Department if received by the Department within ]20 days after the above termination date. ]4. In the avant that a dispute arises udner this agreemant, it shall be determined in the following manner: The Mayor of the City shall appoint a member to the Dispute Board. The Secretary of the Department shall appoint a member to the Dispute Board. The Mayor of the City and the Secretary of the Department shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a deter- mination of the dispute. The determination of the Dispute Board shall be final and binding on the parties herbto. -4- This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement by affixing their signatures hereto on the \'~ day of ~--%-~ , 1987 · in the places indicated below. B~RTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES Approved as to form: City lttor~ney ~puty Con'ratting Officer APPROVED AS TO FOP. M Allg~ant Attorney General Approval on File AssisCan~ Attorney General FIRE PROTECTIOH AGREEIZENT STATE OF WASHINGTON DEPAR~IEMT OF SOCIAL AND HEALTH SERVICES AND THE CITY OF BREMERTON This Agreement, made and entered into on this %~4~ day of '~_k~ , 1987, by and between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, here- inafter referred to as the "Department," and the CITY OF BREMERTON, a Washington Municipal Corporation, hereinafter referred to as the "City." WITNESSETH: ~'~EREAS, contracted agreements b~tween public agencies are permitted by the Interlocal Corporation Act 39.34 RCW; and WHEREAS, the Department has at the City site and adjacent hereto, certain land, buildings and improvements at Frances Haddon Morgan Center (FHMC); and ~.~{EREAS, the Department having the obligation to safeguard the persons and property of the persons resident in such institution requires fire protection services; and WHEP~AS, in the interests of the safety and protection of the residents and the buildings and improvements of the Department from injury and destruction by fire, it is necessary that full-time fire p=otection be afforded to the Department with adequate equipment and personnel to achieve that purpose; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. The Superintendent of Frances Haddon Morgan Center (FHMC), and the Mayor and two members of the City Council shall constitute a joint board for the purpose of administering this agreement pursuant to RCW 39.34.030; one of such members shall be selected as Chairman by a majority vote of the members of the joint board. The State Fire Marshal or his designee shall be an ex officio member of the joint board. 2. The City shall have the control and direction of the fire department and shall p~y for all equipment, supplies and material and all expenses of salaries of employees and the cost of maintenance and operation of the fire department. All equipment, improvements, supplies and materials purchased by the City in performance of its obligations under this agreement shall be the sole property of the City and the risk of loss of the same shall be borne by the City. 3. The City shall furnish fire protection to FHMC upon all of the land and improvements thereon. 4. The joint board shall meet at least biannually and at such other times as may be necessary for the purpose of administering the provisions of this agreement and for the determination of policies and procedures: a) for conducting fire drills, b) for fire and safety education and inspections, c) in the event of fire at any of the facilities of the Dep.artment, and d) for how employees and facilities o~ the Department may be utilized for/during any of the items mentioned in a-c herein. 5. The Department shall make payments t~ the City for said services which will total $3,792.00 per annum during the term of this contract. Such payments will be made directly on a monthly basis in the amounts of ~ $316.00. Total Contractual Obligation $3,792.00 per annum for the term of this contract based upon a total square footage of 93,333 at a rate of $.04 per square foot per annum. The beginning date of performance under this contract shall be July ~, ]987, regardless of the date of execution, and the Department shall reimburse the Cont actor for those costs incurred in performance hereunder and in accordance with the terms and conditions herein contai-~d for that period between July ], ]987'and the date of execution. 6. In the event the State Planning and Community Affairs Agency (PCAA) provides funds to the City pursuant to House Bill 313 (attached hereto as Exhibit A), the payments to be provided by the Department to the City hereunder shall be reduced on a dollar-for-dollar basis by the funding provided by the PCAA. The city shall notify FHMC upon receipt of any payment from PCAA and the manner of offsetting the PCAA payment shall be mutually agreed upon. 7. The Department shall pay to the City on or about the first day of each and every month following the effective date of this agreement ]/]2th of the agzregate annual total of the sum set forth above for fire protection services rendered to the Department for the previous month. 8. In the event the number of alarms to which the City responds with equipment exceeds one-hundred (]00) in the year, negotiations shall be reopened to determine additional consideration necessary to compensate the City. 9. It is agreed that the City Will save and hold harmless and/or indemnify the Department from any and all claims for damages to persons or property arising by reason of the negligence of the City of Bremerton in the performance of its obligations under this agreement. ]0. This agreement shall co~r~ence on the Ist day of July 1987, and shall continue in effect through June 30, 1959. Any modifications to this agreement shall be accomplished only by formal contract amendment signed by both parties. In the event the parties desire an extension in the period of this agreement, such action should be taken at least thirty (30) days prior to its expiration date. 11. The City will provide fire code inspections as required by the Uniform Fire Code and standards as published by the International Conference of Building Officials and Western Fire Chiefs Association. The resulting report on the inspection(s) will be forwarded td the Department by the City. 12. In the performance of this agreement, the City shall comply with the Non-Discrimination Plan of the Department. The City shall not discrim- inate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in: a) Any terms or conditions of employement to include taking affirmative action necessaFy to accomplish the objectives of this part; and b) Denying an individual the opportunity to participate in any program provided by this agreement through the provision of services, or atherswise afforded others. In the event of the City's non-compliance or refusal to comply with the Non-Discrimination Plan, this agreement may be rescinded, cancelled, or terminated in whole or in part. The City shall, however, be given a reasonable time in which to cure its non-compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein in paragraph ]4. 13. Either party may terminate this agreement upon thirty (30) days written notification. Provided that in the event funds are rescinded, revoked or otherwise made unavailable, the contract will be terminated immediately. Claims for payment submitted by the City for costs due and payable under this agreement that were incurred prior to the above-referenced termination date shall be paid by the Depaztment if received by the Department within 120 days after the above termination date. 14. In the event that a dispute arises udner this agreement, it shall be determined in the following manner: The Mayor of the City shall appoint a member to the Dispute Board. The Secretary of the Department shall appoint a member to the Dispute Board. The Mayor of the City and the Secretary of the Department shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a deter- mination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. -4- This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter.of this agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement by affixing their signatures hereto on the ~% day of '~ , 1987 in the places indicated below. ~,~? , Mayor -----CITY OF BwP. EMER.ON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES Approved as to form: City Attorney Deputy Contracting Officer APPROVED AS TO FORM Assistant Attorney General CONTRACT NO. 2450-62880L~ FORM AMENDMENT PURPOSE OF CHANGE: To amend that contract between the State of Washington Department of Social and Health Services, and the City of Bremerton under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract is hereby amended as follows: Clause #7 is amended to add: "An alternate payment schedule can be arranged upon the agreement of the City of Bremerton and the Department." Clause #g is amended to read: "It is agreed that the City and the Department will mutually save and hold harmless and/or indemnify the other from any and all claims for damages to persons or property arising by reason of negligence in performance of obligations under this Agreement." ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES ~+,.~_Wq.._~kx~c~ {Date) / APPROVED AS TO FORM ONLY BY THE OFFICE OF THE ATTORNEY GENERAL CONTRACT NO. 2450-39649(1) FORM AMENDMENT PURPOSE OF CHANGE: To amend that contract between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter referred to as "the Department," and THE CITY OF BREMERTON, hereinafter referred to as the "City," under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract it hereby amended as follows: Clause #7 is amended to add: "An alternate payment schedule can be arranged upon the agreement of the City of Bremerton and the Department." Clause #9 is amended to read: "It is agreed that the City and the Department will mutually save and hold harmless and/or indemnify the other from any and all claims for damages to persons or property arising by reason of negligence in performance of obligations under this agreement." Clause #10 is amended .to read: "The period of performance is extended from July 1, 1985 through June 30, 1987, unless terminated sooner as provided herein." ALL OTHER TERMS AND CONDITIONS of the original contract and any subse- quent amendments thereo remain in full force and effect. IN WITNESS WH~R£OF, the undersigned has affixed his/her signature in execution thereof. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES - (date) APPROVED A FORM ONLY Assistant Attorney General CONTRACT NO. 2450-39649(1) FORM AMENDMENT PURPOSE OF CHANGE: To amend that contract between the DEPARTMENT OF SOCIAL AND NEALTH SERVICES, hereinafter referred to as "the Department," and THE CITY OF BREMERTON, hereinafter referred to as the "City," under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract is hereby amended as follows: Clause #7 is amended to add: "An alternate payment schedule can be arranged upon the agreement of the City of Bremerton and the Department." Clause #10 is amended to read: "The period of performance is extended from July 1, 1985 through June 30, 1987, unless terminated sooner as provided herein." ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES II II (Date) Contracting Officer (Date) APPROVED AS TO FORM ONLY Assistant Attorney General Contract No. 2450-39649 FIRE PROTECTION AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND THE CITY OF BREMERTON This Agreement, made and entered into on this 2~ day of l~-~*~ , 1984, by and betweent the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, herein- after referred to as the "Department," and the CITY OF BREMERTON, a Washington Municipal Corporation, hereinafter referred to as the "City." WITNESSETH: WHEREAS, contracted agreements between public agencies are permitted by the Interlocal Corporation Act 39.34 RCW; and WHEREAS, the Department has at the City site and adjacent hereto, certain land, buildings and ia~orovements at Frances Haddon Morgan Center (FHMC); anO WHEREAS, the Department having the obligation to safeguard the persons and property of the persons resident in such institution requires fire protection services; and WHEREAS, in the interests of the safety and protection of the residents and the buildings and inkorovements of the Department from injury and destruction by fire, it is necessary that full-time fire protection be afforded to the Department with adequate equipment and personnel to achieve that purpose; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The superintendent of Frances Haddon Morgan Center (FHME), and the Mayor and two members of the City Council shall constitute a joint board for the purpose of administering this agreement pursuant to RCW 39.34.030; o~e of such ~ers shall be selected as Chairman by a majority vote of the members of the joint board. The State Fire Marshal or his designee shall be an ex officio me~ers of the joint board. 2. The City shall have the control and direction of the fire department and shall pay for all equipment, supplies and material and all expenses of salaries of ~ployees and the cost of maintenance and operation of the fire department. All equipment, i~rovements, supplies and materials purchased by the City in pe~ormance of its obligations under this agreement shall be the sole property of the City and the risk of loss of the same shall be borne by the City. -2- 3. The City shall furnish fire protection to FHMC upon all of the land and improvements thereon. 4. The joint board shall meet at least biannually and at such other times as may be necessary for the purpose of administering the provisions of this agreement and for the determination of policies and procedures: a) for conducting fire drills, b) for fire and safety education and inspections, c) in the event of fire at any of the facilities of the Department, and d) for how employees and facilities of the Department may be utilized for/during any of the items mentioned in a - c herein. 5. The Department shall make payments to the City for said services which will total $3,792.00 per annum during the term of this contract. Such payments will be made directly on a monthly basis in the amounts of $316.00. Total Contractual Obligation $3,792.00 per annum for the term of this contract based upon a total square footage of 93,333 at a rate of $.04 per square foot per annum. The beginning date of performance under this contract shall be July 1, 1983, regardless of the date of execution, and the Department shall reimburse the Contractor for those costs incurred in performance hereunder and in accordance with the terms and conditions herein contained for that period between July 1, 1983 and the date of execution. 6. In the event the State Planning and Community Affairs Agency (PCAA) provides funds to the City pursuant to House Bill 313 (attached hereto as Exhibit A), the payments to be provided by the Department to the City hereunder shall be reduced on a dollar-for-dollar basis by the funding provided by the PCAA. The city shall notify FHMC upon receipt of any payment from PCAA and the manner of offsetting the PCAA paymen~ shall be mutually agreed upon. 7. The Department shall pay to the City on or about the first day of each and every month following the effective date of this agreement 1/12th Of the aggregate annual total of the sum set forth above for fire protection services rendered to the Department for the previous month. 8. In the event the number of alarms to which the City responds with equipment exceeds one-hundred (100) in the year, negotiations shall be reopened to determine additional consideration necessary to compensate the City. g. It is agreed that the City will save and hold harmless and/or indemnify the Department from any and all claims for damages to persons or property arising by reason of the negligence of the City of Bremerton in the performance of its obligations under this agreement. -3- 10. This agreement shall commence on the 1st day of July 1983, and shall continue in effect through June 30, 1985. Any modifications to this agreement shall be accomplished only by formal contract amendment signed by both parties. In the event the parties desire an extension in the period of this agreement, such action should be taken at least thirty (30) days prior to its expiration date. 11. The City will provide fire code inspections as required by the Uniform Fire Code and standards as published by the International Conference of Building Officials and Western Fi re Chiefs Association. The resulting report on the inspection(s) will be forwarded to the Department by the City. 12. In the performance of this agreement, the City shall comply with the Non-Discrimination Plan of the Department. The City shall not discrim- inate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in: a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b) Denying an individual the opportunity to participate in any program provided by this agreement through the provision of services, or otherwise afforded others. In the event of the City's non-compliance or refusal to comply with the Non-Discrimination Plan, this agreement may be rescinded, cancelled, or terminated in whole or in part. The City shall, however, be given a reasonable time in which to cure its non-compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein in paragraph 14. 13. Either party may terminate~his agreement upon 30 days written notifica- tion. Provided that in the event funds are rescinded, revoked or other- wise made unavailable, the contract will be terminated immediately. Claims for payment submitted by the City for costs due and payable under this agreement that were incurred prior to the above-referenced termination date shall be paid by the Department if received by the Department within 120 days after the above termination date. 14. In the event that a dispute arises under this agreement, it shall be determined in the following manner: l'ne Mayor of the City shall appoint a member to the Dispute Board. The Secretary of the Department shall appoint a member to the Dispute Board. The Mayor of the City and the Secretary of the Department shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, ore1 or otherwise, regarding the subject ratter of this agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement by affixing their si,gnatures hereto on the 2~ day of~-~x~-~, ~ , 1984 in the places indicated below. · ' ' DEPARTMENT OF SOCIAL AND HEALTH SERVICES Attired: Approved as to form: Clt~ RttoPl)ey ~/ ' Deputy Secre~aryJ APPROVED AS TO FORM ' AAG "K~Approvml on File ASSiStant Attorn~ General CONTRACT NO. 2450-39649(1) FORM AMENDMENT PURPOSE OF CHANGE: To amend that contract between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter referred to as "the Department," and THE CITY OF BREMERTON, hereinafter referred to as the "City," under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS )IUTUALLY AGREED THEREFORE: That the contract ii hereby amended as follows: Clause #7 is amended to add: "An alternate payment schedule can be arranged upon the agreement of the City of Bremerton and the Departmept." Clause #9 is amended to read: "It is agreed that the City and the Department will mutually save and ' hold harmless and/or indemnify the other from any and all claims for damages to persons or property arising by reason of negligence in performance of obligations under this agreement." Clause #10 is amended.to read: "The period of performance is extended from July 1, 1985 through June 30, 1987, unless terminated sooner as provided herein." ALL OTHER TERMS AND CONDITIONS of the original contract and any subse- quent amendments thereo remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. CITY OF BR~IERTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES (date) APPROVED AS TO FORM ONLY Assistant Attorney General CONTRACT NO. 2450-39649(1) FORM AMENDMENT PURPOSE OF CHANGE: TO amend that contract between the Department of Social and Health Services, hereinafter referred to as the "Department," and the City of Bremerton, hereinafter referred to as the "City," under the provisions of that Chan~es and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract is hereby amended as follows: Clause #7 is amended to add: "An alternative payment schedule can be arranged upon the agreement of the City of Bremerton and the Department." Clause #9 is deleted. Clause #10 is amended to read: "The period of performance is extended from July 1, 1985, through June 30, 1987, unless terminated sooner as provided herein." ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. BYr . BY: DATE: %\~\~'~- DATE: APPROVED AS TO FORM ONLY BY: Assistant Attorney General 1 CONTRACT NO. 2450-39649(1) FORM AMENDMENT PURPOSE OF CHANGE: To amend that contract between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter referred to as "the Department," and THE CITY OF BREMERTON, hereinafter referred to as the "City," under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract is hereby amended as follows: Clause #7 is amended to add: "An alternate payment schedule can be arranged upon the agreement of the City of Bremerton and the Department." Clause #10 is amended to read: "The period of performance is extended from July 1, 1985 through June 30, 1987, unless terminated sooner as provided herein." ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES / / / / (Date) Contracting Officer (Date) APPROVED AS TO FORM ONLY Assistant Attorney General CONTRACT NO. 2450-39649(1) FORM AMENDMENT PURPOSE OF CHANGE: To amend that contract between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter referred to as "the Department," and THE CITY OF BREMERTON, hereinafter referred to as the "City," under the provisions of that Changes and Modifications Clause therein, and to make other necessary changes within the scope of that contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED THEREFORE: That the contract is hereby amended as follows: Clause #7 is amended to add: "An alternate payment schedule can be arranged upon the agreement of the City of Bremerton and the Department." Clause #10 is amended to read: "The period of performance is extended from July 1, 1985 throu§h June 30, 1987, unless terminated sooner as provided herein." ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES II II (Date) Contracting Officer (Date) APPROVED AS TO FORM ONLY Assistant Attorney General Dear Contractor: If you are a minority-o~nad, ~omen-owned, handicapped-owned, or small business, please check the appropriate box on the attached form and return it to this office. (Plaase see reverse side for definitions.) If you are ~nterested in receivin$ notice of future DSNS contracts, please check tha appropriate box for a DSHS Bidders List Application. Sincerely, DSHS Contractin$ Officer PLEASB DETACH AND RETURN TO Department of Social and Health Services Office of Contracts Hanagement NS OB-22N Olympia, ~A 98504 Hy finn is: l~Lnority-ovued [mi Handicapp~d-o~nod [~1 (Check all that apply) I~l B I~l n I~1 X.1. I~1 A eomau-oued I__1 X sm.l~ n~s~nees I__l Please send an application for the DSHS Bidders Hailing List to: Name Street City State ZIP