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FROM THE
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES
TO
NETWORK SIX, INC.
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AGREEMENT
This agreement, including attached addenda, is hereby entered into as of the
first day of December, 1999, by and between the Rhode Island Department of
Children, Youth and Families, hereinafter referred to as the DEPARTMENT, and
Network Six, Inc. hereinafter referred to as the PROVIDER.
Whereas, the DEPARTMENT desires to engage the PROVIDER to offer services and
activities further described in ADDENDUM I - PROGRAM. Now, therefore, the
parties hereto do mutually agree as follows:
PAR. 1. PERFORMANCE
The PROVIDER shall in a satisfactory manner, perform all obligations
and duties as contained in ADDENDUM I - PROGRAM, hereby incorporated by
reference into this agreement. Disputes concerning PROVIDER'S
performance shall be addressed according to the procedure defined in
Par. 19 - Settlement of Disputes.
PAR. 2. TIME OF PERFORMANCE
The PROVIDER shall commence performance of this Agreement on the first
day of February 2000, and shall complete performance no later than the
thirty-first day of January 2001, unless terminated prior to that date
by other provisions of this Agreement. This Agreement may, at the sole
discretion of the Department, be extended for a period of one to two
years upon 120 days prior written notice to the PROVIDER. In the event
that the Department so elects to extend this Agreement, the PROVIDER
shall identify, not later than 90 (ninety) days prior to the expiration
of year one (1) of the Agreement, those personnel who the
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PROVIDER will assign to the project during the extension and shall
retain said personnel on this project throughout the extension.
PAR. 3. BUDGET
Total payment for services provided under this Agreement shall not
exceed $1,495,000.00 for the period February 1, 2000 through January
31, 2001, unless there have been changes pursuant to PAR. 7 hereof, as
detailed in the budget attached hereto and incorporated by reference in
ADDENDUM II - BUDGET. Expenditures exceeding budgeted line-item
categories by ten (10%) shall not be authorized unless prior written
approval is first obtained pursuant to PAR. 7. - CHANGES of this
Agreement, subject to the maximum amount of this Agreement as above
stated.
PAR. 4. METHOD OF PAYMENTS AND REPORTS
The DEPARTMENT will make payment to the PROVIDER in accordance with
provisions of ADDENDUM III - PAYMENTS AND REPORTS SCHEDULE attached
hereto. The PROVIDER will complete and forward narrative and fiscal
reports as per ADDENDUM III - PAYMENTS AND REPORTS SCHEDULE.
PAR. 5. TERMINATION OF AGREEMENT
This Contract shall be subject to termination under any of the
following conditions:
a. MUTUAL AGREEMENT
The contracting parties mutually agree in writing to termination.
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b. DEFAULT BY PROVIDER
The Rhode Island Department of Children, Youth and Families may, by
ninety (90) days prior written notice to the PROVIDER signed by the
Chief, Program Development, Contracts and Standards, (hereinafter,
"the Chief") terminate the PROVIDER'S right to proceed as to the
contract if the PROVIDER:
1. materially fails to perform the services within the time
specified or any extension thereof, or
2. so fails to make progress as to materially endanger performance
of the contract in accordance with its terms.
Termination, at the option of the DEPARTMENT shall be effective
ninety (90) days after receipt of such notice, unless the PROVIDER
shall have corrected such failure(s) thirty (30) days after the
receipt by the PROVIDER of such written notice; any failure which,
in the exercise of due diligence, cannot be cured within such thirty
(30) day period shall not be deemed a default so long as the
PROVIDER shall within such period commence and thereafter continue
diligently to cure such failure. None of the provisions of this
Agreement shall entitle the DEPARTMENT to incidental or
consequential damages.
c. TERMINATION IN THE INTEREST OF THE DEPARTMENT OF CHILDREN, YOUTH AND
FAMILIES
The Chief, by ninety (90) days prior written notice, may terminate
performance of work under this contract when it is in the best
interest of the Rhode Island Department of Children, Youth and
Families to do so. In
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the event of such termination, the PROVIDER will be compensated for
all worked performed prior to such termination date.
d. DEFAULT BY THE DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES
This contract may be terminated by the PROVIDER, for cause, upon the
failure of the Rhode Island Department of Children, Youth and
Families to perform any material provision required of it by the
contract (including providing office space, computer equipment and
the co-operation of the DEPARTMENT's personnel) provided the
PROVIDER shall give the Chief at least ninety (90) days prior
written notice. Termination, at the option of the PROVIDER shall be
effective ninety (90) days after receipt of such notice, unless the
Rhode Island Department of Children, Youth and Families shall have
corrected such failure(s) thirty (30) days after the receipt by the
Chief of such written notice; any failure which, in the exercise of
due diligence, cannot be cured within such thirty (30) day period
shall not be deemed a default so long as the Rhode Island Department
of Children, Youth and Families shall within such period commence
and thereafter continue diligently to cure such failure.
Notwithstanding the above, there shall not be a cure period for
non-payment in accordance with the terms hereof, and the PROVIDER
may terminate this Agreement at any time that the DEPARTMENT is more
than fifteen (15) days delinquent with respect to such payment.
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e. AVAILABILITY OF FUNDS
It is understood and agreed by the parties hereto that all
obligations of the Rhode Island Department of Children, Youth and
Families, including the continuance of payments hereunder, are
contingent upon the availability and continued appropriation of
State and Federal funds, and in no event shall the Rhode Island
Department of Children, Youth and Families be liable for any
payments hereunder in excess of such available and appropriated
funds. In the event that the amount of any available or appropriated
funds provided by the State or Federal sources for the purchase of
services hereunder shall be reduced, terminated or shall not be
continued at an aggregate level sufficient to allow for the purchase
of the specified amount of services to be purchased hereunder for
any reason whatsoever, the Rhode Island Department of Children,
Youth and Families shall notify the PROVIDER of such reduction of
funds available and the Rhode Island Department of Children, Youth
and Families shall be entitled to reduce its commitment hereunder as
it deems necessary, but shall be obligated for payments due to the
PROVIDER up to the time of such notice. None of the provisions of
this paragraph shall entitle the PROVIDER to compensation for
anticipated profits for unperformed work.
PAR. 6. RESPONSIBILITIES UPON TERMINATION
Upon termination or expiration of the contract, the PROVIDER, shall, if
requested by the Chief at least ninety (90) days prior to such
termination or expiration, provide reasonable training for the Rhode
Island Department of Children, Youth
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and Families' personnel and/or continued performance of the services
specified herein for up to six (6) additional thirty (30) day periods
commencing with the date of termination or expiration and continuing
until given thirty days notice by the Chief to discontinue such
training and/or services. For providing such training or continued
performance after the term of the contract, the Rhode Island Department
of Children, Youth and Families shall pay the PROVIDER at mutually
agreed rates for personnel and supplies used in providing such training
and/or services unless services delivered are already defined herein
and rates established then such rates shall apply for periods within
the term of the contract.
PAR. 7. CHANGES
The DEPARTMENT and the PROVIDER may agree to changes in the scope of
services, time of performance, or approved budget of the PROVIDER to be
performed hereunder. Such changes, which are mutually agreed upon by
the DEPARTMENT and PROVIDER, must be in writing and shall be made part
of the Agreement by numerically consecutive amendment.
PAR. 8. SUBCONTRACTS
It is expressly agreed that any subcontract to perform the services
listed in ADDENDUM 1 - PROGRAM or any other obligations to be performed
by the PROVIDER pursuant to this Agreement shall only be entered into
with the written approval of the Department. Such approval shall not be
unreasonably withheld.
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PAR. 9. NONLIABILITY FOR INJURIES
The PROVIDER will hold the State of Rhode Island and its officials
harmless against claims for injuries of any kind which the staff of the
PROVIDER may suffer directly or may cause to be suffered by any staff
person or persons in the performance of this contract, unless caused by
the willful misconduct or gross negligence of the DEPARTMENT.
PAR. 10. NONDISCRIMINATION IN EMPLOYMENT AND SEVICES
The PROVIDER agrees to comply with the requirements of Title VI of the
Civil Rights Act of 1964 (42 USC 2000d et seq.); Section 504 of the
Rehabilitation Act of 1973, as amended (29 USC 794); Title IX of the
Education Amendments of 1972 (20 USC 1681 et seq.); the United States
Department of Health and Human Services Regulations found in 45 CFR,
parts 80 and 84; and the United States Department of Education
Implementing Regulations (34 CFR, Parts 104 and 106); which prohibit
discrimination on the basis of race, color, national origin, handicap,
or sex, in acceptance for or provision of services, employment, or
treatment in educational or other programs or actives.
The PROVIDER acknowledges receipt OF ADDENDUM V - NOTICE TO DEPARTMENT
OF CHILDREN, YOUTH AND FAMILIES SERVICE PROVIDERS OF THEIR
RESPONSIBILITIES UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 and
ADDENDUM VI - NOTICE TO DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES
SERVICE PROVIDERS OF THEIR RESPONSIBILITIES UNDER SECTION 504 OF THE
REHABILITATION ACT OF 1973 incorporated herein by reference and made
part by this Agreement.
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The PROVIDER agrees to comply with all other provisions applicable to
law, including the Governor's Executive Order No. 85-11, which
prohibits discrimination on the basis of race, color, religion, sex,
age, national origin, political belief, sexual preference, or handicap.
The PROVIDER also agrees to comply with the requirements of the
Department of Children, Youth and Families for safeguarding of client
information.
Failure to comply with this item may be the basis for cancellation of
this Agreement in accordance with PAR. 5 (b) hereof.
PAR. 11. ASSIGNABILITY
The PROVIDER shall not assign any interest in this Agreement (whether
by assignment or novation) without prior written consent of the
DEPARTMENT thereto; PROVIDED, HOWEVER, that claims or money due or to
become due to the PROVIDER from the DEPARTMENT under this Agreement may
be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the DEPARTMENT.
PAR. 12. COPYRIGHTS
The PROVIDER is free to copyright any books, publications, or other
copyrightable materials developed in the course of or under this
agreement, but the DEPARTMENT shall reserve a royalty-free,
nonexclusive, and irrevocable right to reproduce, publish, or otherwise
use, and authorize others to use, the work for government purposes.
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PAR. 13. GOVERNING LAW
This Agreement is deemed executed and delivered in the City of
Providence, State of Rhode Island, and all questions arising out of our
under this Agreement shall be governed by the laws of the State of
Rhode Island.
PAR. 14. PARTNERSHIP
It is understood and agreed that nothing herein is intended or should
be construed in any manner as creating or establishing the legal
relation of partnership between the parties hereto, or as constituting
the employees, agents, or representatives of the PROVIDER or the
DEPARTMENT included in this Agreement as employees, agents, or
representatives of the other.
PAR. 15. ACCESSIBILITY AND RETENTION OF RECORDS
The PROVIDER agrees to make accessible and to maintain all fiscal and
activity records relating to this Agreement to State and/or Federal
officials. This is also intended to included any auditing, monitoring,
and evaluation procedures, including on-site visits, performed
individually or jointly, by State or Federal officials or their agents.
If such records are maintained outside of the State of Rhode Island,
such records shall be made accessible by the PROVIDER at a Rhode Island
location. Minutes of the Board of Directors meetings, fiscal records,
and narrative records pertaining to activities performed will be
retained for audit purposes for a period of at least three (3) years
following the submission of the final expenditure report for this
Agreement or, if an audit is in process and audit findings have not
been received at the end of the three (3) years, the records shall be
retained until resolution of the audit findings are made.
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PAR. 16. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby if such remainder would
then continue to conform to the terms and requirements of applicable
law.
PAR. 17. DRUG FREE WORK PLACE POLICY
The PROVIDER agrees to comply with the requirements of the Governor's
Executive Order No. 98-14 and the Federal Anti-Drug Abuse Act of 1988.
As a condition of contracting with the State of Rhode Island, the
PROVIDE hereby agrees to abide BY ADDENDUM VII - THE STATE'S DRUG FREE
WORK PLACE POLICY, and in accordance therewith has executed ADDENDUM
VII - DRUG FREE WORK PLACE POLICY CONTRACTOR CERTIFICATE OF COMPLIANCE.
Furthermore, the PROVIDER agrees to submit to DCYF any report or forms
which may from time-to-time be required to determine the PROVIDER'S
compliance with this policy.
The PROVIDER acknowledges that a violation by the PROVIDER of the Drug
Free Work Place Policy which is not responded to by the PROVIDER in
accordance with the provisions of said Policy, may, at DCYF option,
result in the termination this Agreement in accordance with PAR. 5 (b)
hereof.
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PAR. 18. ATTACHMENTS
Attached hereto and made part of this Agreement are the following
Addenda:
ADDENDUM I. Program
ADDENDUM II. Budget
ADDENDUM III. Payments and Reports Schedule
ADDENDUM IV. N/A
ADDENDUM V. Notice to Department of Children,
Youth and Families Service Providers
of the Responsibilities under Title
VI of the Civil Rights Act of 1964
ADDENDUM VI. Notice to Department of Children,
Youth and Families Service Providers
of their Responsibilities under
Section 504 of the Rehabilitation
Act of 1973
ADDENDUM VII. Drug Free Work Place Policy
ADDENDUM VIII. Contractor Certificate of Compliance
PAR. 19. SETTLEMENT OF DISPUTES
Any dispute concerning this Agreement shall be decided by the following
process:
Step 1 - The DEPARTMENT'S Chief of Management Information Systems and
the PROVIDER'S Project Manager will attempt to resolve the
issue at hand.
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Step 2 - If the Step 1 process does not result in a resolution within
seven (7) days, then the issue shall be resolved by a
Committee of three consisting of the Executive Director for
Administration, the President of the PROVIDER, and a mutually
agreed to third party.
The Committee's decision shall be final and conclusive subject only to
whatever rights, if any, the PROVIDER may have pursuant to Rhode Island
law. If the Committee is unable to make a decision within fifteen (15)
days, both parties may pursue their rights under law.
PAR. 20. WORK REVIEWS
The PROVIDER agrees that all work performed under this agreement may be
reviewed by the Office of Information Processing, Department of
Administration, State of Rhode Island, and by any third party
designated by the Department.
PAR. 21. FORCE MAJEURE
The PROVIDER shall not be liable for any damages if the failure to
perform this Agreement arises out of causes beyond the control and
without the fault or negligence of the PROVIDER. Such causes may
include, but are not restricted to, acts of God, actions or inactions
of the DEPARTMENT, floods, epidemics, fire, quarantine restrictions,
strikes, labor shortages, freight embargoes, unusually severe weather
and failure of the DEPARTMENT to pay the PROVIDER when payments are due
for services performed hereunder; but in every case the failure to
perform must be beyond the control and without substantial fault or
negligence of the PROVIDER. When such a cause arises, the PROVIDER
shall notify the DEPARTMENT immediately in writing of
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the impracticability and how it affects performance, and the
anticipated duration of the inability to perform.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNDER SET THEIR HANDS AS OF THE
DATE FIRST ABOVE WRITTEN AND THE AGREEMENT MADE LEGALLY BINDING AS FOLLOWS:
WITNESS: /s/ Donna J. Guido BY: /s/ Kenneth C. Kirsch
----------------------- -------------------------
(SIGNATURE) CHAIR OR AUTHORIZED
AGENT/SIGNATURE PROVIDER
Kenneth C. Kirsch
/s/ Donna J. Guido
----------------------- --------------------------------
(TYPE OR PRINT NAME) (TYPE OR PRINT NAME)
WITNESS: /s/ Leon E. Saunders /s/ Jay Lindgren
--------------------------- --------------------------------
(SIGNATURE) (DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES)
/s/ Leon E. Saunders
--------------------------
(TYPE OR PRINT NAME)
WITNESS: ______________________ __________________________
(SIGNATURE) (DEPARTMENT OF
ADMINISTRATION)
_________________________
(TYPE OR PRINT NAME HERE)
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AGREEMENT NO.
ADDENDUM I
PROGRAM
NETWORK SIX, INC. PROPOSAL DATED OCTOBER 13, 1999, SUBMITTED TO OFFICE OF
PURCHASING, DEPARTMENT OF ADMINISTRATION IN RESPONSE TO RFP #2770. SAID PROPOSAL
IS INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH HEREIN. ADDITIONALLY,
RFP # 2770 IS INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH HEREIN. IN
THE EVENT THAT THERE IS A CONFLICT BETWEEN ANY PROVISION OF RFP # 2770 AND A
PROVISION OF THE NETWORK SIX, INC. PROPOSAL, THE LANGUAGE OF RFP #2770 SHALL
PREVAIL. IN THE EVENT THAT THERE IS A CONFLICT BETWEEN THIS AGREEMENT AND THE
PROPOSAL OR THE RFP, THE LANGUAGE OF THIS AGREEMENT SHALL PREVAIL.
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ADDENDUM II
BUDGET
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ADDENDUM III
PAYMENTS AND REPORTS SCHEDULE
1. Within twenty (20) working days after the termination of this
Agreement, the PROVIDER will submit an annual written report
summarizing accomplishments of goals and objectives as outlined in
ADDENDUM I - PROGRAM.
2. Payments under this Agreement will be made monthly upon submission of
the appropriate documentation. Terms are net thirty (30) days.
3. Narrative and fiscal reports shall be sent to:
Department of Children, Youth and Families
Contract Management
Mt. Pleasant Avenue
Providence, RI 02920
4. All reports are due ten (10) working days after the end of the
reporting period. Material failure to provide required reports and data
within the prescribed time frame may result in a delay of payment or
the withholding of funds to the PROVIDER.
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ADDENDUM V
RHODE ISLAND DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES
NOTICE TO DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES SERVICE
PROVIDERS OF THEIR
RESPONSIBILITIES UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
PUBLIC AND PRIVATE AGENCIES, ORGANIZATION, INSTITUTIONS, AND PERSONS THAT
RECEIVE FEDERAL FINANCIAL ASSISTANCE THROUGH THE DEPARTMENT OF CHILDREN, YOUTH
AND FAMILIES (DCYF) ARE SUBJECT TO THE REVISION OF TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964 AND THE IMPLEMENTING REGULATIONS OF THE UNITED STATED DEPARTMENT OF
HEALTH AND HUMAN SERVICES (DHHS), WHICH IS LOCATED AT 45 CFR, PART 80. DCYF
CONTRACTS WITH SERVICE PROVIDERS INCLUDE A PROVIDER'S ASSURANCE THAT IN
COMPLIANCE WITH TITLE VI AND THE IMPLEMENTING REGULATIONS, NO PERSON SHALL BE
EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR BE OTHERWISE
SUBJECTED TO DISCRIMINATION IN ITS PROGRAMS AND ACTIVITIES ON THE GROUNDS OF
RACE, COLOR, OR NATIONAL ORIGIN.
IN FISCAL YEAR 1983, DCYF BEGAN TO REVIEW ITS SERVICE PROVIDERS TO ASSURE THAT
THEY ARE COMPLYING WITH THESE REQUIREMENTS.
IT IS THE RESPONSIBILITY OF EACH SERVICE PROVIDER TO ACQUAINT ITSELF WITH ALL OF
THE PROVISIONS OF THE TITLE VI REGULATIONS. A COPY OF THE REGULATIONS IS
AVAILABLE UPON REQUEST FOR THE COMMUNITY RELATIONS LIAISON OFFICER, DEPARTMENT
OF CHILDREN, YOUTH AND FAMILIES, MT. PLEASANT AVENUE, PROVIDENCE, RI, 02903;
TELEPHONE: (401) 457-4810.
THE REGULATIONS ADDRESS THE FOLLOWING TOPICS:
SECTION:
80.1 PURPOSE
80.2 APPLICATION OF THIS REGULATION
80.3 DISCRIMINATION PROHIBITED
80.4 ASSURANCES REQUIRED
80.5 ILLUSTRATIVE APPLICATIONS
80.6 COMPLIANCE INFORMATION
80.7 CONDUCT OF INVESTIGATIONS
80.8 PROCEDURE FOR EFFECTING COMPLIANCE
80.9 HEARINGS
80.10 DECISIONS AND NOTICES
80.11 JUDICIAL REVIEW
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80.12 EFFECT ON OTHER REGULATIONS; FORMS AND INSTRUCTIONS
80.13 DEFINITION
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ADDENDUM VI
RHODE ISLAND DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES
NOTICE TO DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES SERVICE
PROVIDERS OF THEIR
RESPONSIBILITIES UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973
PUBLIC AND PRIVATE AGENCIES, ORGANIZATIONS, INSTITUTIONS, AND PERSONS THAT
RECEIVE FEDERAL FINANCIAL ASSISTANCE THROUGH THE DEPARTMENT OF CHILDREN, YOUTH
AND FAMILIES (DCYF) ARE SUBJECT TO THE PROVISIONS OF SECTION 504 OF THE
REHABILITATION ACT OF 1973 AND THE IMPLEMENTING REGULATIONS OF THE UNTIED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), WHICH IS LOCATED AT 45 CFR, PART
84. DCYF CONTRACTS WITH SERVICE PROVIDERS INCLUDE THE PROVIDER'S ASSURANCE THAT
IT WILL COMPLY WITH SECTION 504 OF THE REGULATIONS, WHICH PROHIBITS
DISCRIMINATION AGAINST HANDICAPPED PERSONS IN PROVING HEALTH, WELFARE, OR OTHER
SOCIAL SERVICES OR BENEFITS.
IN FISCAL YEAR 1983, DCYF BEGAN TO REVIEW ITS SERVICE PROVIDERS TO ASSURE THAT
THEY ARE COMPLYING WITH THESE REQUIREMENT.
IT IS THE RESPONSIBILITY OF EACH SERVICE PROVIDER TO ACQUAINT ITSELF WITH ALL OF
THE PROVISIONS OF THE SECTION 504 REGULATIONS. A COPY OF THE REGULATIONS,
TOGETHER WITH AN AUGUST 14, 1978, POLICY INTERPRETATION OF GENERAL INTEREST TO
PROVIDERS OF HEALTH, WELFARE, OR OTHER SOCIAL SERVICE BENEFITS, IS AVAILABLE
UPON REQUEST FROM THE COMMUNITY RELATIONS LIAISON OFFICER, DEPARTMENT OF
CHILDREN, YOUTH AND FAMILIES, MT. PLEASANT AVENUE, PROVIDENCE, RI, 02920;
TELEPHONE NUMBER : (401) 547-4810.
PROVIDERS SHOULD PAY PARTICULAR ATTENTION TO SUBPARTS A, BA, C, AND F OF THE
REGULATIONS WHICH PERTAIN TO THE FOLLOWING:
SUBPART A - GENERAL PROVISIONS
SECTION:
84.1 PURPOSE
84.2 APPLICATIONS
84.3 DEFINITIONS
84.4 DISCRIMINATION PROHIBITED
84.5 ASSURANCE REQUIRED
84.6 REMEDIAL ACTION, VOLUNTARY ACTION, AND SELF-EVALUATION
DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTIVE
GRIEVANCE PROCEDURES
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84.7 NOTICE
84.8 ADMINISTRATIVE REQUIREMENTS FOR SMALL RECIPIENTS
84.9 EFFECT OF STATE OR LOCAL LAW OR OTHER REQUIREMENTS
AND EFFECT OF EMPLOYMENT OPPORTUNITIES
JUNE 1999
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ADDENDUM VII
DRUG-FREE WORKPLACE POLICY
DRUG USE AND ABUSE AT THE WORKPLACE OR WHILE ON DUTY ARE SUBJECTS OF IMMEDIATE
CONCERN IN OUR SOCIETY. THESE PROBLEMS ARE EXTREMELY COMPLEX AND ONES FOR WHICH
THERE ARE NOT EASY SOLUTIONS. FROM A SAFETY PERSPECTIVE, THE USES OF DRUGS MAY
IMPAIR THE WELL-BEING OF ALL EMPLOYEES, THE PUBLIC AT LARGE, AND RESULT IN
DAMAGE TO PROPERTY. THEREFORE, IT IS THE POLICY OF THE STATE THAT THE UNLAWFUL
MANUFACTURE, DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED
SUBSTANCE IS PROHIBITED IN THE WORKPLACE. ANY EMPLOYEE(S) VIOLATING THIS POLICY
WILL BE SUBJECT TO DISCIPLINE UP TO AND INCLUDING TERMINATION. AN EMPLOYEE MAY
ALSO BE DISCHARGED OR OTHERWISE DISCIPLINED FOR A CONVICTION INVOLVING ILLICIT
DRUG BEHAVIOR, REGARDLESS OF WHETHER THE EMPLOYEE'S CONDUCT WAS DETECTED WITHIN
EMPLOYMENT HOURS OR WHETHER HIS/HER ACTIONS WERE CONNECTED IN ANY WAY WITH HIS
OR HER EMPLOYMENT. THE SPECIFICS OF THIS POLICY ARE AS FOLLOWS:
1. ANY UNAUTHORIZED EMPLOYEE WHO GIVES OR IN ANY WAY TRANSFERS A
CONTROLLED SUBSTANCE TO ANOTHER PERSON OR SELLS OR MANUFACTURES A
CONTROLLED SUBSTANCE WHILE ON DUTY, REGARDLESS OF WHETHER THE EMPLOYEE
IS ON OR OFF THE PREMISES OF THE EMPLOYER WILL BE SUBJECT TO DISCIPLINE
UP TO AND INCLUDING TERMINATION.
2. THE TERM "CONTROLLED SUBSTANCE" MEANS ANY DRUGS LISTED
IN 21 USC, SECTION 812 AND OTHER FEDERAL REGULATIONS. GENERALLY, ALL
ILLEGAL DRUGS AND SUBSTANCES ARE INCLUDED, SUCH AS MARIJUANA, HEROIN,
MORPHINE, COCAINE, CODEINE OR OPIUM ADDITIVES, LSD, DMT, STP,
AMPHETAMINES, METHAMPHETAMINES AND BARBITURATES.
3. EACH EMPLOYEE IS REQUIRED BY LAW TO INFORM THE AGENCY WITHIN
FIVE (5) DAYS AFTER HE/SHE IS CONVICTED FOR COALITION OF ANY FEDERAL OR
STATE CRIMINAL DRUG STATUTE. A CONVICTION MEANS A FINDING OF GUILT
(INCLUDING A PLEA OF NOLO CONTENDERE) OR THE IMPOSITIONS OF A SENTENCE
BY A JUDGE OR JURY IN ANY FEDERAL OR STATE COURT.
4. THE EMPLOYER (THE HIRING AUTHORITY) WILL BE RESPONSIBLE FOR
REPORTING CONVICTION(S) TO THE APPROPRIATE FEDERAL GRANTING SOURCE,
WITHIN TEN (10) DAYS AFTER RECEIVING NOTICE FROM THE EMPLOYEE OR
OTHERWISE RECEIVES ACTUAL NOTICE OF SUCH CONVICTION(S). ALL
CONVICTION(S) MUST BE REPORTED IN WRITING
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TO THE OFFICE OF PERSONNEL ADMINISTRATION (OPA) WITHIN THE SAME TIME
FRAME.
5. IF AN EMPLOYEE IS CONVICTED OF VIOLATING ANY CRIMINAL DRUG STATUTE
WHILE ON DUTY, HE/SHE WILL BE SUBJECT TO DISCIPLINE UP TO AND INCLUDING
TERMINATION. CONVICTION(S) WHILE OFF DUTY MAY RESULT IN DISCIPLINE OR
DISCHARGE.
6. THE STATE ENCOURAGES ANY EMPLOYEE WITH A DRUG ABUSE PROBLEM TO SEEK
ASSISTANCE FROM THE RHODE ISLAND EMPLOYEE ASSISTANCE PROGRAM (RIEAP).
YOUR DEPARTMENT PERSONNEL OFFICER HAS MORE INFORMATION ON RIEAP.
7. THE LAW REQUIRES ALL EMPLOYEES TO ABIDE BY THIS POLICY.
JUNE 1999
EMPLOYEE RETAIN THIS COPY
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ADDENDUM VIII
DRUG-FREE WORKPLACE POLICY
CONTRACTOR CERTIFICATE OF COMPLIANCE
I, KENNETH C. KIRSCH, PRESIDENT & CEO, NETWORK SIX, INC. ("NSI"), A CONTRACTOR
DOING BUSINESS WITH THE STATE OF RHODE ISLAND, HEREBY ACKNOWLEDGES THAT NSI HAS
RECEIVED A COPY OF THE STATE'S POLICY REGARDING THE MAINTENANCE OF A DRUG-FREE
WORKPLACE. NSI HAS BEEN INFORMED THAT THE UNLAWFUL MANUFACTURE, DISTRIBUTION,
DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE (TO INCLUDE BUT NOT
LIMITED TO SUCH DRUGS AS MARIJUANA, HEROIN, COCAINE, PCP AND CRACK, AND MAY ALSO
INCLUDE LEGAL DRUGS WHICH MAY BE PRESCRIBED BY A LICENSED PHYSICIAN IF THEY ARE
ABUSED) IS PROHIBITED ON THE STATE'S PREMISES OR WHILE CONDUCTING STATE
BUSINESS. NSI ACKNOWLEDGES THAT ITS EMPLOYEES MUST REPORT FOR WORK IN A FIT
CONDITION TO PERFORM THEIR DUTIES.
AS A CONDITION FOR CONTRACTING WITH THE STATE, AS A RESULT OF THE FEDERAL
OMNIBUS DRUG ACT, NSI WILL REQUIRE ITS EMPLOYEES TO ABIDE BY THE STATE'S POLICY.
FURTHER, NSI RECOGNIZES THAT ANY VIOLATION OF THIS POLICY MAY RESULT IN
TERMINATION OF THE CONTRACT IN ACCORDANCE WITH PAR. 5 (b) OF THIS AGREEMENT.
/s/ Kenneth C. Kirsch 1/24/00
- --------------------------------------- -----------
AUTHORIZED AGENT/SIGNATURE PROVIDER DATE
COMMENTS, IF ANY:
/s/ Jay Lindgren 1/27/00
- ------------------------ -----------
JAY LINDGREN, DIRECTOR DATE
DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES