Agreement with Lewis County Work Opportunities, Individual Employment and Community Inclusion BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-029
APPROVE AGREEMENT BETWEEN LEWIS COUNTY
AND LEWIS COUNTY WORK OPPORTUNITIES TO
PROVIDE INDIVIDUAL EMPLOYMENT AND
COMMUNITY INCLUSION SERVICES
WHEREAS, the Board of County Commissioners (BOCC), Lewis County,
Washington, has reviewed Agreement #L01-0119-20 with Lewis County Work
Opportunities to provide services to individuals with developmental disabilities for
Individual Employment and Community Inclusion services; and
WHEREAS, funding in the amount of $57,000 through the State Developmental
Disabilities Administration is provided for the period of January 1, 2021, through
March 31, 2021; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said contract.
NOW THEREFORE BE IT RESOLVED that Agreement #L01-0119-20 between
Lewis County and Lewis County Work Opportunities to provide services to
individuals with developmental disabilities for Individual Employment and
Community Inclusion services in the amount of $57,000 from January 1, 2021,
through March 31, 2021, is hereby approved and the Director of Public Health &
Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 25th day of January, 2021.
Page 1 of 2 Res. 21-029
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: Lindsey R. Pollock, DVM
Lindsey R. Pollock, DVM, Vice Chair
Rieva Lester Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Res. 21-029
Page 2 of 2
Executive Summary
Professional Service Contract
#L01 -0119-20
Between
Lewis County Work Opportunities and
Lewis County Public Health & Social Services
Description
The State Developmental Disabilities Administration contracts with Lewis County to
oversee the administration of grant money for services provided to individuals with
developmental disabilities. This subcontract provides funding for Lewis County Work
Opportunities to provide Individual Employment and Community Inclusion services
services to eligible persons who reside in Lewis County.
The contract duration is January 1, 2021 through March 31, 2021
Recommendation
Approve resolution
Budget Impact
Fund: 104 613 000 000 334 04-68-10
Maximum Consideration: $57,000.00
These funds were anticipated for the 2021 County Fiscal Year.
Cover Letter
Lewis County Work Opportunities
Attn: Greg Martin
122 Sears Rd
Chehalis, WA 98532
Submitted by
Sara Sons
Other
n/a
360 NW North Street
Public Health & Social Services Chehalis WA 98531
`LEWIS COUNTY)
it I
Professional Services Contract
Contract#: LO1-0119-20
Contract Name: Lewis County Work Opportunities, Employment Services
1. Purpose
This contract is entered into between Lewis County, hereinafter called County, and Lewis
County Work Opportunities, hereinafter called Contractor, for the purpose of providing
Individualized Employment and Community Inclusion services to persons with
developmental disabilities.
2. Parties
Each party to this contract shall have a contract representative empowered to enter into this
contract on behalf of their party. Each party may change its representative upon providing
written notice to the other party. The parties' Contract Representatives for this contract are:
For the County:
Sara Sons, Contracts Coordinator
360-740-1418 p
360-740-1185 f
Sara.sons@lewiscountywa.gov
For the Contractor:
Greg Martin, Executive Director
360-345-1094 p
360-345-1097 f
gsmartin @lcworkop.org
JP Anderson, M.S.W. Director
o 360.740.1223 F 360.740.1438 TDD 360.740.1480
Rachel Wood, M.D., M.P.11. Health Officer
Professional Services Contract#L01-0119-20
3. Authorization
Only the Lewis County Board of County Commissioners, Director of Lewis County Public
Health& Social Services, or its designated Contract Officer identified herein, shall have the
expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this contract. Furthermore, 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 Lewis County Board of County Commissioners, Director of Lewis County
Public Health& Social Services, or its Contract Officer.
4. Contract Term
The term of this contract shall commence and terminate as stated in Exhibit A: Statement of
Work and Reporting Requirements attached hereto.
5. Contractor Representation
Contractor represents by signing this contract that it is qualified and possesses the necessary
capabilities and sufficient skills, including technical and professional skills where required
and has the necessary licenses and certifications to perform the services set forth in this
contract.
6. Mutually Negotiated
County and Contractor acknowledge and by signing this contract agree that this contract has
been mutually negotiated and agreed to by both parties.
Page 2 of 38
Professional Services Contract#L01-0119-20
Signatures
The terms and conditions of this contract, including all attachments and subsequent amendments,
constitute the entire and exclusive understanding between the parties. Except as provided for in
section 23 of this contract,no other understandings, writings, and communications, oral or
otherwise, regarding the subject matter of this contract shall exist to bind the parties. The parties
signing below represent they have read and understand this contract, and have the authority to
execute this contract.
NOTE: In accordance with Resolution 16-344,this contract is subject to approval by the Lewis
County Board of County Commissioners if the total dollar value identified in Exhibit B equals or
exceeds $40,000 in one calendar year. The Lewis County Board of County Commissioners
delegates contract approval authority to the Director of Lewis County Public Health& Social
Services if the total dollar value identified in Exhibit B is less than$40,000 in any calendar year,
subject to all provisions in Resolution 16-344.
For the County
Lewis County Public Health& Social Services
360 NW North Street
Chehalis, WA 98532
County signature:
J.P. Anderson, .S.W.,Director
Date: 1' k
For the Contractor
Lewis County Work Opportunities
122 Sears Road
Chehalis, WA 98532
Contractor signature:
Greg Marti , Executive Director
Date: 01/05/2021
Approved as to Form
Jonathan Meyer Attest:
Prosecuting Attorney 041;g COUIy;y••
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Page 3 of 38
Professional Services Contract#L01-0114-20
Table of Contents
1. Purpose 1
2. Parties 1
3. Authorization 2
4. Contract Term 2
5. Contractor Representation 2
6. Mutually Negotiated 2
Signatures 3
General Terms and Conditions 7
1. Scope of Contractor's Services 7
2. Accounting and Payment for Contractor Services 7
3. Assignment and Subcontracting 7
4. Independent Contractor 7
5. No Guarantee of Employment 8
6. Taxes 8
7. Regulations and Requirements 8
8. Public Records Law 8
9. Nondiscrimination 9
10. Political Activity Prohibited 9
11. Right to Review 9
12. Modifications 9
13. Termination 9
14. Termination for Default 9
15. Termination for Public Convenience 10
16. Suspension of Performance and Resumption of Performance 10
17. Termination Procedures 11
18. Defense and Indemnity Agreement 11
19. Insurance Coverage 11
20. Resolution of Conflicts 11
21. Disputes, Venue and Choice of Law 12
22. Records Maintenance 12
23. Contractor Commitments, Warranties and Representations 12
24. Recapture 12
25. Patent/Copyright Infringement 13
26. Ownership and Use of Items Produced 13
Page 4 of 38
Professional Services Contract#L0/-01/9-20
27. Confidentiality 13
28. Ethics/Conflicts of Interest 14
29. Information System Security 14
30. Protection of Personal Information 14
31. Certification of Work 14
32. Contract Amendments 14
33. Notice 14
34. Debarment Certification 15
35. Severability 15
36. Conformance 15
37. Waiver 15
38. Survival 15
39. Entire Agreement 15
Special Terms and Conditions 16
S-1.Applicable Regulations 16
S-2. Data Entry/Security 16
S-3. Records Maintenance 16
S-4. Contract Monitoring 17
S-5. Corrective Action 17
Exhibit A: Statement of Work and Reporting Requirements 18
Exhibit B: Budget, Invoicing, and Contractor Payment 19
1. Budget Detail 19
2. Compensation 19
3. Invoice Timeframe 19
4. Eligible Use of Funds 19
6. Duplicate Payment 20
7. Audit 20
8. Future Non-Allocation of Funds 20
9. Errors and Omissions Uncompensated 21
Exhibit C: Insurance Coverage 22
1. Commercial General Liability Insurance Policy 22
2. Automobile Liability 22
3. Fidelity Insurance 22
4. Business Property 23
5. Industrial Insurance Waiver 23
6. Volunteer Medical Protection 23
Page 5 of 38
Professional Services Contract#L01-0119-20
Exhibit D: Criteria for Evaluation 24
Exhibit E: Data Security Requirements 30
Page 6 of 38
•
Professional Services Contract#L01-0119-20
General Terms and Conditions
1. Scope of Contractor's Services
The Contractor agrees to provide to the County services,reports, and any material set forth
in Exhibit A: Statement of Work and Reporting Requirements during the contract term.No
material, labor,or facilities will be furnished by the County unless otherwise provided for in
this contract.
2. Accounting and Payment for Contractor Services
Payment to the Contractor for services rendered under this contract shall be as set forth in
Exhibit B: Budget, Invoicing and Contractor Payment attached hereto. Unless specifically
stated in Exhibit B or approved in writing in advance by the Contract Officer for this
contract,the County will not reimburse the Contractor for any costs or expenses incurred by
the Contractor in the performance of this contract.
The Contractor acknowledges that the entire compensation for this contract is specified in
Exhibit B and the Contractor is not entitled to any County benefits including,but not limited
to,vacation pay,holiday pay, sick leave pay, medical,dental,or other insurance benefits, or
any other rights or privileges afforded to Lewis County employees.
3. Assignment and Subcontracting
Unless otherwise provided for in this contract,no portion of this contract may be assigned or
subcontracted to any other individual,firm,or entity without the express and prior written
approval of the Contract Officer.
Should the Contractor wish to subcontract,assign or delegate any or all of its rights or duties
hereunder, it shall tender a detailed written request to the Contract Officer. Unless the
Contractor receives written authorization to subcontract, assign,or delegate within 30 days,
its request shall be deemed to have been denied.
If the County approves subcontracting,the Contractor shall maintain written procedures
related to subcontracting, as well as copies of all subcontracts and records related to
subcontracts.The County, in its sole discretion, in writing may: (a)require the Contractor to
amend its subcontracting procedures as they relate to this contract; (b)prohibit the
Contractor from subcontracting with a particular person or entity;or(c)require the
Contractor to rescind or amend a subcontract.
4. Independent Contractor
The Contractor's services shall be furnished by the Contractor as an independent Contractor
and nothing herein shall be construed to create a relationship of agent, employee,or servant
of the County.The Contractor specifically has the right to direct and control Contractor's
own activities in providing the agreed services in accordance with the specifications set out
in this contract.
The Contractor shall have and maintain complete responsibility and control over all of its
subcontractors, employees,agents,and representatives.No subcontractor, employee, agent,
or representative of the Contractor shall be or deem to be or act or purport to act as an
employee, agent,or representative of the County.
Page 7 of 38
Professional Services Contract#L01-0119-20
The Contractor shall assume full responsibility for the payment of all payroll taxes,use,
sales, income,or other form of taxes, fees, licenses,excises,or payments required by any
city,county, state or federal legislation which is now or may during the term of this contract
be enacted as to all employees,agents or representatives of the Contractor and as to all
duties,activities, and requirements by the Contractor in performance of the work on this
project.
The Contractor shall assume full responsibility for ensuring all staff members hired or
subcontracted under this contract are eligible to work according to all applicable state and
federal laws.
5. No Guarantee of Employment
The performance of all or part of this contract by the Contractor shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee an employment of the
Contractor or any employee, agent or representative of the Contractor or any subcontractor,
or any employee, agent or representative of any subcontractor by the County at the present
time or in the future.
6. Taxes
The Contractor understands and acknowledges that the County will not withhold federal or
state income taxes. Where required by state or federal law,the Contractor authorizes the
County to make withholding for any taxes other than income taxes. All compensation
received by the Contractor will be reported to the Internal Revenue Service and Washington
State Department of Revenue in accordance with federal and state regulations. The
Contractor is solely liable for any tax obligation arising from the Contractor's performance
of this contract.The Contractor hereby agrees to indemnify the County against any demand
to pay taxes arising from the Contractor's failure to pay taxes on compensation earned
pursuant to this contract.
The County will pay sales and use taxes imposed on goods and services acquired hereunder
as required by law. The Contractor shall pay all other taxes including,but not limited to,
Business and Occupation Tax,taxes based on the Contractor's gross or net income, or
personal property to which the County does not hold title.The County is exempt from
Federal Excise Tax.
7. Regulations and Requirements
This contract shall be subject to all laws,rules,and regulations of the United States of
America,the State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth in Special Terms and Conditions.
8. Public Records Law
The Contractor shall assist the County in fulfilling all obligations of the County under the
Washington Public Records Act(chapter 42.56 of the Revised Code of Washington). In the
event that the Contractor fails to fulfill its obligations pursuant to this section and due in
whole or in part to such failure a court of competent jurisdiction imposes a penalty upon the
County for violation of the Public Records Act,Contractor shall indemnify the County for
that penalty, as well as for all costs and attorney fees incurred by the County in the litigation
Page 8 of 38
Professional Services Contract#L01-0119-20
giving rise to such a penalty. The obligations created by this section shall survive the
termination of this contract.
9. Nondiscrimination
The Contractor or any employee, agent or representative of the Contractor or any
subcontractor shall not discriminate against any person in the performance of this contract in
the performance of any of its obligations hereunder on the basis of race, color, creed,
ethnicity, religion, national origin, age, sex,marital status, veteran or military status, sexual
orientation or the presence of any disability. Implementation of this provision shall be
consistent with Section 49.60.400 of the Revised Code of Washington.
The Contractor must comply with the American with Disabilities Act of 1990, Public Law
101-336, including but not limited to protection to individuals with disabilities in the areas
of employment, public accommodations, state and local government services, and
telecommunications.
10. Political Activity Prohibited
None of the funds provided under this contract shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office or ballot
measure. However, no person engaged to perform such services pursuant to this contract
shall be precluded from devoting income derived from such services to any lawful political
activity, or to the support of a candidate for public office or of a ballot measure.
11. Right to Review
This contract is subject to review by any federal or state auditor. The County or its designee
shall have the right to review and monitor the financial and service components of this
contract by whatever means are deemed expedient by the Contract Officer. Such review may
occur with or without notice and may include,but is not limited to, on-site inspection by
County agents or employees, inspection of all records or other materials which the County
deems pertinent to the contract and its performance, and any and all communications with or
evaluations by service recipients under this contract.
12. Modifications
Either party may request changes in the contract. Any and all agreed modifications shall be
in writing, signed by each of the parties.
13. Termination
Either party may terminate this contract upon 30 days' prior written notification to the other
party. If this contract is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this contract prior to the effective
date of termination.
14. Termination for Default
If the Contractor defaults by failing to perform any of the obligations of this contract or
becomes insolvent, or is declared bankrupt or commits any act of bankruptcy or insolvency
or makes an assignment for the benefit of creditors, the County may,by depositing written
notice to the Contractor in the U.S. mail,postage prepaid, terminate the contract, and at the
County's option,obtain performance of the work elsewhere.
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Professional Services Contract#L01-0119-20
Any extra cost of damage to the County resulting from such default(s)shall be deducted
from any money due or coming to the Contractor. Any remaining deficiency shall be
payable to the County by the Contractor.The Contractor shall bear any extra expenses
incurred by the County in completing the work,as may be applicable under Exhibit A,
including all increased costs for completing the work,and all damage sustained,or which
may be sustained by the County by reason of such default.
If notice of termination for default has been issued and it is later determined for any reason
that the Contractor was not in default,the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
15. Termination for Public Convenience
The County may terminate the contract in whole or in part whenever the County determines,
in its sole discretion,that such termination is in the interests of the County. Whenever the
contract is terminated in accordance with this paragraph,the Contractor shall be entitled to
payment for actual work performed at unit contract prices for completed items of work. The
County shall make a reasonable, equitable adjustment in the contract price for partially
completed items of work,but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this contract by the
County at any time during the term,whether for default or convenience, shall not constitute
a breach of contract by the County.
16. Suspension of Performance and Resumption of Performance
In the event of government closure,suspension or limitation of funding in any way after the
effective date of this contract and prior to normal completion,the County may give notice to
the Contractor to suspend performance as an alternative to termination. The County may
elect to give written notice to the Contractor to suspend performance when the County
determines that there is a reasonable likelihood that the funding insufficiency may be
resolved in a timeframe that would allow performance to be resumed prior to the end date of
this contract.Notice may include notice by facsimile or email to the Contractor's
Representative.The Contractor shall suspend performance on the date stated in the written
notice to suspend. During the period of suspension of performance,each party may inform
the other of any conditions that may reasonably affect the potential for resumption of
performance.Notice may be contingent upon the occurrence or non-occurrence of a future
event; e.g. the failure of the State of Washington to pass a budget by a date specified in the
notice.
When the County determines that the funding insufficiency is resolved,the County may give
the Contractor written notice to resume performance and a proposed date to resume
performance. Upon receipt of written notice to resume performance,the Contractor will give
written notice to the County as to whether it can resume performance, and, if so,the date
upon which it agrees to resume performance. If the Contractor gives notice to the County
that it cannot resume performance,the parties agree that the contract will be terminated
retroactive to the original date of suspension of performance. If the date the Contractor gives
notice it can resume performance is not acceptable to the County,the parties agree to discuss
an alternative acceptable date. If an alternative date is not acceptable to the County,the
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Professional Services Contract#L01-0119-20
parties agree that the contract will be terminated retroactive to the original date of
suspension of performance.
If the funding issue is not resolved, the County may terminate the contract under the
"Termination for Convenience"clause.
17. Termination Procedures
After receipt of a notice of termination, except as otherwise directed by the County, the
Contractor shall:
i. Stop work under the contract on the date and to the extent specified in the notice;
ii. Place no further orders or subcontracts for materials, services, or facilities related to the
contract;
iii. Assign to the County all of the rights,title, and interest of the contractor under the
orders and subcontracts so terminated, in which case the County has the right, at its
discretion,to settle or pay any or all claims arising out of the termination of such orders
and subcontracts. Any attempt by the Contractor to settle such claims must have the
prior written approval of the County; and
iv. Preserve and transfer any materials, contract deliverables and/or County property in the
Contractor's possession as directed by the County.
Contractor shall not place extraordinary orders or subcontracts in anticipation of receiving a
notice of termination, so as to circumvent section 17 (ii).
Upon termination, the County may withhold any amount due as the County reasonably
determines is necessary to protect the County against potential loss or liability resulting from
the termination. The County shall pay any withheld amount to the Contractor if the county
later determines that loss or liability will not occur.
The rights and remedies of the County under this section are in addition to any other rights
and remedies provided under this contract or otherwise provided under law.
18. Defense and Indemnity Agreement
The Contractor shall defend,protect, and hold harmless the County or any officers or
employees thereof, from and against all claims, suits, or action arising from any intentional
or negligent act or omission of the Contractor or any employee, agent or representative of
the Contractor or any subcontractor, while performing under the terms of this contract.
19. Insurance Coverage
The Contractor shall comply with all provisions described in Exhibit C: Insurance Coverage,
attached hereto.
20. Resolution of Conflicts
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:
i. Applicable federal and state statutes and regulations
ii. Special terms and conditions
iii. Exhibits
iv. General terms and conditions
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Professional Services Contract#L01-0119-20
v. Any other provision of this contract whether incorporated by reference or otherwise.
21. Disputes,Venue and Choice of Law
The County and the Contractor agree that any disputes that arise under or relating to this
contract that cannot be resolved to the satisfaction of both parties shall be submitted to
mediation before either party starts litigation in any form. An impartial third party
acceptable to both the County and the Contractor will be appointed to mediate. Should the
parties be unable to agree upon a mediator,then the dispute shall be mediated through the
Washington Arbitration and Mediation Service, at its Tacoma office, and in accordance with
the WAMS mediation rules. The County and the Contractor shall pay an equal percentage of
the mediator's fees and expenses. The Contractor may not use any funds received under this
contract to pay mediator's fees and expenses. The mediation shall be confidential in all
respects, as allowed or required by law.
In the event that mediation does not resolve the dispute,the venue for any litigation arising
under or relating to this contract shall be in the courts of the State of Washington in and for
the County of Lewis. This contract shall be governed by the laws of the State of
Washington, excepting only the choice of law rules of the State of Washington.
22. Records Maintenance
The Contractor shall maintain all books,records,documents,data and other evidence
relating to this contract and performance of the services described herein, including but not
limited to,accounting procedures and practices which sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this contract.
Contractor shall retain such records for a period of seven(7)years following the date of
final payment.
If any litigation,claim or audit is started before the expiration of the seven(7)year period,
the records shall be retained for a period of seven(7)years after all litigation,claims,or
audit findings involving the records have been fmally resolved.
23. Contractor Commitments,Warranties and Representations
Any written commitment received from the Contractor concerning this contract shall be
binding on the Contractor,unless otherwise specifically provided herein with reference to
this paragraph. Failure of the Contractor to fulfill such a commitment shall render the
Contractor liable for damages to the County. A commitment includes,but is not limited to,
any representation made prior to execution of this contract,whether or not incorporated
elsewhere herein by reference,as to performance of services or equipment,process,
Contractor's qualifications or experience,or options for future acquisition to remain in effect
for a fixed period or warranties.
24. Recapture
In the event that the Contractor fails to perform services specified in this contract in
accordance with state laws, federal laws, and/or the provisions of this contract,the County
reserves the right to recapture funds in an amount required to compensate the County for the
noncompliance in addition to any other remedies available at law or in equity. Repayment
by the Contractor or refunds under this recapture provision shall occur within the timeframe
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Professional Services Contract#L01-0119-20
specified by the County. In the alternative,the County may recapture such funds from
payments due under this contract.
25. Patent/Copyright Infringement
Contractor will defend and indemnify the County from any claimed action,cause or demand
brought against the County,to the extent such action is based on the claim that information,
goods or documentation supplied by the Contractor infringes any patent or copyright.
Contractor will pay all costs,penalties, fees,and damages attributable to any such claims
that are fmally awarded against the County in any action. Such defense and payments are
conditioned upon the following:
i. That Contractor shall be notified promptly in writing by the County of any notice of such
claim.
ii. Contractor shall have the right,hereunder, at its option and expense,to obtain for the
County the right to continue using the information in the event such claim of
infringement is made,provided no reduction in performance or loss results to the County.
26. Ownership and Use of Items Produced
Material produced in the performance of the work under this contract shall be"works made
for hire"as defined by section 201(b)the U.S. Copyright Act of 1976 and shall be owned by
the County. This material includes,but is not limited to,books,computer programs,plans,
specifications,documents, films,pamphlets,reports, sound reproductions, studies, surveys,
tapes, and/or training materials. County ownership includes the right to copyright,patent,
register, and the ability to transfer these rights. All writings,programs,data,public records
or other materials prepared by the Contractor or any employee,agent or representative of the
Contractor or any subcontractor,in connection with the performance of this contract shall be
for mutual use and shared between the Contractor and the County. The County agrees that if
it uses any materials prepared by the Contractor for purposes other than those intended by
this contract,it does so at its sole risk and it agrees to hold the Contractor harmless therefore
to the extent such use is agreed to in writing by the Contractor.
A copy of all or a portion of material produced shall be submitted to the County upon
request or at the end of the contract using the hardware, software,or other method specified
by the County at the time of such request.
27. Confidentiality
The Contractor or any employee, agent or representative of the Contractor or any
subcontractor shall maintain the confidentiality of all information provided by the County or
acquired by the Contractor in performance of this contract,except upon prior written
consent of the Lewis County Prosecuting Attorney or an order entered by a court after
having acquired jurisdiction over the County. Contractor shall immediately give County
notice of any judicial proceeding seeking disclosure of such information. Contractor shall
indemnify and hold harmless the County,its officials, agents or employees from all loss or
expense, including,but not limited to, settlements,judgments, setoffs, attorney's fees,and
costs resulting from Contractor's breach of this provision.
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28. Ethics/Conflicts of Interest
In performing under this contract,the Contractor shall assure compliance with the Ethics in
Public Service Act(Chapter 42.52 Revised Code of Washington),and any other applicable
state or federal law related to ethics or conflicts of interest.
29. Information System Security
The Contractor shall protect and maintain all confidential information gained by reason of
this contract against unauthorized use, access,disclosure,modification or loss. Personal
and/or medical information collected,used or acquired in connection with this contract shall
be used solely for the purposes of this contract.
30. Protection of Personal Information
The Contractor shall not use,publish,transfer, sell or otherwise disclose any confidential
information gained by reason of this contract for any purpose that is not directly connected
with the Contractor's performance of the services contemplated hereunder except as
provided by law,received by the Contractor pursuant to section 8 of this contract or with the
prior written consent of the individual or personal representative of the individual who is the
subject of the personal information. Upon request by the County or at the end of the contract
term, or when no longer needed,the Contractor shall return the confidential information or
certify in writing that the Contractor destroyed the information in a manner that cannot be
reconstructed.
31. Certification of Work
All work submitted by the Contractor shall be certified by the Contractor and checked for
errors and omissions. The Contractor shall be responsible for the accuracy of the work,even
if the work is accepted by the County.
32. Contract Amendments
No amendment, modification or renewal shall be made to this contract unless set forth in a
written Contract Amendment,signed by both parties. Work under a Contract Amendment
shall not proceed until the County duly executes the Contract Amendment.
33. Notice
Except as set forth elsewhere in the contract, for all purposes under this contract,except
service of process,notice shall be given by the Contractor to the Contract Officer, 360 NW
North Street, Chehalis,WA 98532.Notice to the Contractor for all purposes under this
contract will be given to the Contractor's address shown on the Signature Page attached
hereto.Notices and other communications anticipated by this contract, e.g. a request to
subcontract per section 3,may be hand-delivered by an agent of the party serving notice,
delivered by courier(such as UPS or FedEx),or delivered by First Class Mail. A notice or
communication hand-delivered or delivered by courier shall be deemed to be served when it
is left with an officer,agent,or employee of the party to whom notice is due. A notice
delivered by First Class Mail shall be deemed to be served three days(excluding Sundays
and Postal Service holidays)after it is placed into a U.S. Postal Service collection box or left
at a U.S.post office,providing postage has been fully prepaid.
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34. Debarment Certification
The Contractor, by signature to this contract, certifies that the Contractor is not presently
debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded
from participating in this contract or any program agreement by any federal, state or local
government or agency or by any special district. The Contractor also agrees to include the
above requirement in all subcontracts into which it enters.
35. Severability
If any term or condition of this contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this contract are declared severable.
36. Conformance
If any provision of this contract violates any statute or rule of law of the state of Washington
of the United States of America, it is considered modified to conform to that statute or rule
of law.
37. Waiver
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this contract shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the party granting such a
waiver.
38. Survival
The terms and conditions contained in this contract will survive the completion,
cancellation, termination or expiration of the contract.
39. Entire Agreement
This written contract along with attached exhibits and the documents and terms incorporated
herein by section 23 of this contract, represents the entire agreement between the parties.
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Special Terms and Conditions
S-1. Applicable Regulations
The Contractor is required to comply with the requirements of the following referenced
documents in performing services pursuant to this contract. The terms of each are
incorporated by reference as part of this contract as fully as if set forth in full herein.
1.1. DDA County Program Agreement
1.2. DDA Criteria for Evaluation 2019-2021
1.3. DDA Guiding Values
1.4. County Guide to Achieving DDA Guiding Values
1.5. Policy 4.11 County Services for Working Age Adults
1.6. Policy 5.01 Background Check Authorizations
1.7. Policy 5.02 Necessary Supplemental Accommodation
1.8. Policy 5.03 Client Complaints
1.9. Policy 5.05 Limited English Proficiency Clients
1.10. Policy 5.06 Client Rights
1.11. Policy 5.14 Positive Behavior Support
1.12. Policy 5.15 Use of Restrictive Procedures
1.13. Policy 5.17 Physical Intervention Techniques
1.14. Policy 6.08 Incident Management&Mandatory Reporting
1.15. Policy 6.13 Provider Qualifications for Employment&Day Services
1.16. Policy 6.21 Provider Qualifications for Individualized Technical Assistance
1.17. Policy 13.04 Disability Rights Washington Access Agreement
1.18. Policy 15.03 Community Protection Standards
1.19. Employment Phases and Billable Activities
1.20. Community Access Billable Activities
1.21. WAC 388-823 Eligibility
1.22. WAC 388-825 Service Rules
1.23. WAC 388-828 Assessment
1.24. WAC 388-845 Home&Community Based Waivers
1.25. WAC 388-850 County Plan for Developmental Disabilities
S-2. Data Entry/Security
The Contractor shall protect and maintain all Confidential Information gained by reason of
this contract against unauthorized use, access,disclosure, modification or loss. This duty
requires the Contractor to employ reasonable security measures, which include
safeguarding and restricting access to the Confidential Information herein referenced in
Exhibit E.
S-3. Records Maintenance
All 7-year time-period references in Section 22 are hereby changed to 6 years.
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S-4. Contract Monitoring
The Contractor will participate in an onsite review by County staff at least once per
biennium to evaluate and assess service quality and contract compliance. The Contractor
shall provide information pertaining to this contract as requested by the County.
S-5. Corrective Action
If the County determines that a breach of contract has occurred,that is, the Contractor has
failed to comply with any terms or conditions of this Contract or the Contractor has failed
to provide in any manner the work or services agreed to herein, and if the County deems
said breach to warrant corrective action, the following sequence will apply:
a. The County will notify the Contractor in writing of the nature of the breach.
b. The Contractor shall respond in writing within ten working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for
bringing the Contractor into contract compliance, which date shall not be more than 30
days from the date of the Contractor's response, unless the County, at its sole discretion,
specifies in writing an extension in the number of days to complete the corrective actions;
c. The County will notify the Contractor in writing of the County's determination as to the
sufficiency of the Contractor's corrective action plan. The determination of sufficiency of
the Contractor's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Contractor does not respond within the appropriate time with a
corrective action plan, or the Contractor's corrective action plan is determined by the
County to be insufficient, the County may commence termination of this contract in
whole or in part pursuant to Section 14;
e. In addition, the County may withhold any payment owed the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
f. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Sections 13, 14, and 15.
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Exhibit A: Statement of Work and Reporting Requirements
The purpose of this Statement of Work is to detail the work to be performed by the Contractor
and the methods and content for reporting progress by the Contractor in fulfilling all duties
encompassed in this contract. The Contractor shall work in cooperation with the County to act in
accordance with WAC 388-845 and to monitor individual client yearly waiver limits for client
support services for Employment & Day programs.
The term of this contract shall commence on January 1,2020 and terminate on March 31, 2021
Contractor shall administer funds awarded hereunder, to support a variety of activities, including
staffing, data collection and reporting. Activities shall include, but not be limited to, the
following:
Task Task/Activity/ Reporting Requirement
Number Description Deliverables/Outcomes Due Date
Individual a. Provide one-to-one employment supports • Individual Work Plan Initial plan
1 Supported according to Exhibit D:Criteria for (IWP) due within
Employment Evaluation.. 60 days of
(ISE) • Six-month progress service
reports referral
b. If a participant has not obtained employment • Submit updated plan As needed
after 6 months of ISE,the contractor shall: for the client that
i. Review the client's progress and adjust describes additional
goals and supports as needed; strategies and
ii. Work with the client,Case Resource supports that will be
Manager,and County staff to develop utilized
additional strategies to make progress
towards employment.
c. The contractor shall track employment • Complete provided Quarterly
outcome data for all ISE clients,including: quarterly employment
i. Job start/loss dates outcome template
ii. Paid working hours
iii. Wages
iv. Performance Measures
Performance measures:
(1) Increase average working hours by 2%
(2) Increase overall number of clients in
paid employment by 5%
(3) Maintain a monthly standard of no less
than 40%of IE caseload employed
*Based on July 2020 client counts
Community a. Provide Community Inclusion services • Initial CI plan Initial plan
2 Inclusion according to Exhibit D:Criteria for • Six-month progress due within
(CI) Evaluation. reports 60 days of
service
referral
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Exhibit B: Budget, Invoicing, and Contractor Payment
The County shall pay an amount not to exceed$57,000.00 to the Contractor for work as
described in Exhibit A, subject to conditions set forth in this Exhibit B: Budget, Invoicing, and
Contractor Payment.
1. Budget Detail
Individual Supported Employment(ISE) $30,000.00
Community Inclusion(CI) $27,000.00
Total Consideration $57,000.00
2. Compensation
Payment to the Contractor for services rendered under this contract shall be as set forth in
Exhibit B. Where Exhibit B requires payments by Lewis County,payment shall be made on
a reimbursement basis,supported,unless otherwise provided in Exhibit B,by documentation
of units of work actually performed(time sheets) and amounts earned, including where
appropriate,the actual number of days worked each month,total number of hours for the
month, and total dollar payment requested.
Costs allowable under this contract are actual expenditures according to an approved budget
up to the maximum amount stated above. The Contractor shall use federal cost principles
specified in OMB Circular A-110"Cost Principles Applicable to Grants, Contracts and other
Agreements"with non-profit organizations as applicable. The Contractor shall include this
last paragraph in any subcontracts.
The County may withhold reimbursement payment if the Contractor fails to submit required
invoices and supportive documentation to the County. The Contractor's failure to submit
invoices as specified is grounds for the County to terminate the contract as provided herein.
Direct Service Rates:
Services Provided Rate
Employment Support for clients who have 65 or more paid work $75.00/hr
hours a month.
Employment Support for clients receiving Discovery,Job $71.00/hr
Development,or Job Coaching Services and working under 65
hours a month.
Community Inclusion $35.00/hr
3. Invoice Timeframe
The Contractor shall submit invoices to the County Contract Officer identified herein or to
other such person identified by the County Contract Officer by the 10th of each month.
4. Eligible Use of Funds
Funding awarded under this contract may only be used for activities described in Exhibit A.
The County shall pay the Contractor allowable,allocable and reimbursable costs,as defined in the
most recently published BARS Supplementary Instructions for Developmental Disabilities
Administration.The Contractor shall take all necessary and reasonable steps to comply with the
currently effective DDA BARS Supplemental manual.
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6. Duplicate Payment
The Contractor certifies that work to be performed under this contract does not duplicate any
work to be charged against any other contract, subcontract from Lewis County or any other
funding source.
7. Audit
i. General Requirements:
The Contractor is to procure audit services based on the following guidelines:
a. The Contractor shall maintain its records and accounts so as to facilitate the audit
requirement and shall ensure that any subcontractor also maintains auditable records.
b. The Contractor is responsible for any audit exceptions incurred by its own
organization or that of its subcontractor. The County reserves the right to recover
from the Contractor all disallowed costs resulting from the audit.
c. As applicable,the Contractor shall be required to have an audit and must ensure all
audits are performed in accordance with Generally Accepted Auditing Standards
(GAAS); including,but not limited to,the Government Auditing Standards(the
Revised Yellow Book)developed by the Comptroller General.
d. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor must respond to County
requests for information or corrective action concerning audit issues within thirty
(30)days of the date of request
ii. State Fund Requirements:
Contractors expending$100,000 or more in total state funds in a fiscal year must have a
financial audit as defined by Government Auditing Standards(The Revised Yellow
Book)and according to Generally Accepted Auditing Standards(GAAS). The Schedule
of State Financial Assistance must be included. The schedule includes:
a. Contractor agency name
b. State program name
c. BARS account number
d. County
e. County Contract number
f. Contract award amount including amendments(total Contract award)
g. Current year expenditures
iii. If the Contractor is a state or local government entity,the Office of the State Auditor
shall conduct the audit. Audits of non-profit organizations are to be conducted by a
certified public accountant selected by the Contractor.
iv. The Contractor shall include the above audit requirements in any subcontracts.
v. In all cases,the Contractor's financial records must be available for review by County.
8. Future Non-Allocation of Funds
If sufficient funds are not appropriated or allocated for payment under this contract for any
future fiscal period,the County will not be obligated to make payments for services or
amounts incurred after the end of the current fiscal period.No penalty or expense shall
accrue to the County in the event this provision applies.
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9. Errors and Omissions Uncompensated
In the event of any errors or omissions by the Contractor in the performance of any work
required under this contract, the Contractor shall make any and all necessary corrections
without additional compensation.
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Exhibit C: Insurance Coverage
The Contractor shall provide insurance coverage as set out in this Exhibit to protect the County
should there be any claims, suits, actions, costs,damages or expenses arising from any loss, or
negligent or intentional act or omission of the Contractor or subcontractor, or agents of either,
while performing under the terms of this contract.
All required insurance shall be issued by an insurance company authorized to do business within
the State of Washington. The insurance shall name the County and its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any
other valid and collectable insurance. The Contractor shall instruct the insurers to give the
County thirty(30)calendar days advance notice of any insurance cancellation or modification.
The Contractor shall submit to the County within fifteen(15)calendar days of the Contract start
date,proof of insurance identifying Lewis County as Primary,Non Contributory, additionally
Insured, with endorsement(s) for additional insured as indicated below, which outlines the
coverage and limits defined in this insurance section. During the term of the Contract, the
Contractor shall submit renewal certificates with endorsements not less than thirty(30) calendar
days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Contract, as follows:
1. Commercial General Liability Insurance Policy
Provide a Commercial General Liability Insurance Policy, including grant liability, written
on an occurrence basis, in adequate quantity to protect against legal liability arising out of
Contract activity but no less than$1,000,000 per occurrence. Additionally,the Contractor is
responsible for ensuring that any subcontractors provide adequate insurance coverage for the
activities arising out of subcontracts.
2. Automobile Liability
In the event that performance pursuant to this Contract involves the use of vehicles, owned
or operated by the Contractor or its subcontractor, automobile liability insurance shall be
required. The minimum limit for automobile liability is$1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
3. Fidelity Insurance
Every officer, director, employee, or agent who is authorized to act on behalf of the
Contractor for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
i. The amount of fidelity coverage secured pursuant to this Contract shall be$100,000 or
the highest of planned reimbursement for the Contract period, whichever is greatest.
Fidelity insurance secured pursuant to this paragraph shall name the Contractor as
beneficiary.
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Professional Services Contract#LO1-0119-20
ii. Subcontractors that receive$10,000 or more per year in funding through this Contract
shall secure fidelity insurance as noted above. Fidelity insurance secured by
subcontractors pursuant to this paragraph shall name the Contractor as beneficiary.
4. Business Property
The Contractor shall provide business property insurance adequate to repair,replace, or
recreate any County-owned property in the possession of the Contractor, or data, books,
computer programs, plans, specifications, documents, films, pamphlets, reports, sound
reproductions, studies, surveys, tapes, and/or training materials produced by the Contractor
or any subcontractors in the performance of the work under this contract.
5. Industrial Insurance Waiver
The Contractor shall comply with all applicable provisions of Title 51 Revised Code of
Washington, Industrial Insurance. If the Contractor fails to provide industrial insurance
coverage or fails to pay premiums or penalties on behalf of its employees as may be required
by law, County may collect from the Contractor the full amount payable to the Industrial
Insurance Accident Fund. County may deduct the amount owed by the Contractor to the
accident fund from the amount payable to the Contractor by County under this Contract, and
transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services. This provision does not waive any of L&I's rights to collect from the
Contractor.
6. Volunteer Medical Protection
Contractor shall provide any volunteer who performs any duties related to or covered by this
contract with coverage at no cost to the volunteer for immediate, short-term, and long-term
medical care that substantially matches employee coverage as described in Title 51 Revised
Code of Washington.
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Exhibit D: Criteria for Evaluation
CRITERIA FOR ALL SERVICES
A. Services According to Individual Need
The Contractor documents:
1. That services the participant is receiving relate to the participant's Individual Habilitation
Plan(IHP)(ICF/ID), Person Centered Service Plan(PCSP), DDA Assessment including
the Person Centered Service Plan(PCSP) and/or Individualized Family Service Plan
(IFSP).
2. A copy of the PCSP current annual DDA Assessment and Employment Summary or
IFSP if applicable, will be maintained in the participant's file.
3. There is a County-approved grievance process for participants that:
a. Is explained to participants and others in accordance with DDA Policy 5.02,
Necessary Supplemental Accommodation;
b. Negotiates conflicts;
c. Advocates are available and participants are encouraged to bring advocates to help
negotiate;
d. Provides a mediation process using someone who is unaffected by the outcome if
conflicts remain unresolved(a DDA Case Resource Manager may be included as an
alternative option);
e. Prohibits retaliation for using the grievance process;
f. Includes a process for tracking and reporting grievances.
4. Participants and others, in accordance with DDA Policy 5.06, Client Rights, have been
informed of their rights, what services and benefits may be expected from the program,
the program's expectations of them, and if necessary, the participant's family, guardian or
advocate is also informed.
B. Health and Safety
The Contractor has a policy that addresses and documents confidential/private information:
1. Incidents involving injury, health or safety issues are reported to DDA and the County
reference DDA Policy 6.08,Mandatory Reporting Requirements for Employment and
Dav Program Services Providers.
2. Incident reports are tracked and analyzed for potential trends and patterns.
3. Mandatory reporting is done in accordance with Chapter 74.34 RCW,Abuse of
Vulnerable Adults and Chapter 26.44 RCW,Abuse of Children.
4. Current emergency contact and medical information(medications, diet, allergies, etc.)
needed during the hours of service are readily available for each participant.
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Professional Services Contract#L01-0119-20
C. Policies Protecting Individual Rights
The Contractor has policies that protect individual rights that include but are not limited to:
1. Respectful staff-to-client interactions;
2. A person's right to be treated with dignity, respect and free of abuse;
3. A person's right to privacy; and
4. Safeguarding personal information.
D. Organizational Design
The Contractor documents:
1. A written performance plan which describes program objectives, expected outcomes,
how and when objectives will be accomplished, and that the plan is evaluated at least
biennially and revised based on actual performance. Document progress on performance
indicators identified in DDA Policy 6.13,Provider Qualifications for Employment and
Day Program Services.
2. The contractor assures all direct service staff is trained and has experience in accordance
with DDA Policy 6.13 and that training is documented.
3. That it is able to account for and manage public funds compliance with Generally
Accepted Accounting Principles "GAAP", and provide financial statements within nine
months subsequent to the close of the subcontractor's fiscal year. An agency, for-profit or
non-profit, that receives in excess of$100,000 in DDA funds during its fiscal year from
the County, shall provide Certified Public Accountant reviewed or audited financial
statements.
4. An administrative/organizational structure that clearly defines roles and responsibilities.
5. Each employee has a current(within three years), System Unit(BCS) in accordance with
RCW 43.43.830-845, RCW 74.15.030 and WAC 388-825. Child Development Service
providers may submit background checks directly to the BCS at DSHS or they may
submit background checks to the Department of Children,Youth and Families, for
processing by the DSHS BCS.
6. Evidence that it employs typical safety protection based upon the environment the
participant is working or receiving services in.
7. Assures equal access to persons who do not speak or have a limited ability to speak, read,
or write English well enough to understand and communicate effectively(reference DDA
Policy 5.05,Limited English Proficient(LEP) Clients).
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Professional Services Contract#L01-0119-20
CRITERIA FOR SPECIFIC SERVICES
E. All Employment Services
The Contractor documents:
1. Adult employment plans will include the information listed below and shall be developed
by the service provider in collaboration with the Case Resource Manager,participant and
his or her family(the team). Initial plans will be completed within 60 days from date of
service authorization and must be signed by the participant and/or his or her guardian if
any. Copies of the initial and subsequent revised plans will be distributed as appropriate
to all team members. Plans will be reviewed and signed annually. All employment plans
should address how the participant will pursue and maintain a community paid job,
increased wages, and increased work hours towards a living wage.
Plans must include:
a. Current date;
b. Time line for the plan;
c. Participant's name first and last;
d. Participant ADSA ID;
e. Employment goal;
i. The preferred job type the participant wishes to obtain or maintain;
ii. The preferred wages/salary the participant wishes to earn;
iii. The number of hours the participant prefers to work;
iv. The agreed upon time line to achieve the employment goal.
f. The participant's skills, gifts, interests and preferred activities;
g. Measurable strategies and time lines (action steps and supports) to meet the
employment goal;
h. Identification of persons and/or entities available to assist the participant in reaching
his/her employment goal (example: a family member, Vocational Rehabilitation
services, etc.) and;
i. Identification of other accommodations, adaptive equipment and/or supports critical
to achieve employment goal.
2. All services relate to the participant's individually identified goal(s) as outlined in the
employment plan.
3. The identification and provision of supports necessary for job success have been provided
to each participant. Supports may include, but are not limited to, identification of
resources necessary for transportation,job restructuring, work materials or routine
adaptation, work environment modifications, identification of job counseling needs, etc.
4. Employment service activity and the outcome of those activities in the participant's
progress reports.
5. Six-month progress reports describing the progress made towards achieving participant's
goal will be provided by the service provider to the Case Resource Manager,participant,
and/or guardian if any within 30 days following the six-month period.
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6. Training and support is provided as a part of an individual's pathway to integrated
employment in accordance with DDA Policy 4.11, County Services for Working Age
Adults.
7. Information about wages,productivity, benefits, and work hours for each participant.
8. Progress in achieving increased wages and work hours for each participant.
9. Evidence that services the agency provides adhere to the Medicaid HCBS settings
requirements of 42CFR 441 530(a)(1) including:
a. is integrated in the greater community and supports individuals to have full access to
the greater community;
b. ensures the individual receives services in the community to the same degree of
access as individuals not receiving Medicaid HCBS;
c. the setting provides opportunities to seek employment and work in competitive
integrated settings; and
d. the setting facilitates individual choice regarding services and supports, and who
provides them.
10. Identifying settings that isolate people from the broader community or that have the effect
of isolating individuals from the broader community of individuals who do not receive
Medicaid HCB services. These settings are presumed not to be home and community-
based.
F. Individual Supported Employment Services
The Contractor documents:
1. Supports, which include training and support to employers and co-workers, have been
provided in each job placement to ensure jobs are maintained. This also includes the
development of natural supports.
2. Service is in accordance with the DDA Employment Activities—Strategies and
Progress/Outcomes Measures document.
3. State-adopted self-employment guidelines are followed for any individual who owns and
operates a business. In addition, at minimum, any self-employment venture must include
a business plan, established benchmarks for financial gain, and show that progress is
being made towards providing a living wage.
G. Community Inclusion Services
The Contractor documents:
1. Adult Community Access plans will include information that identifies and addresses the
individualized goal and support needs for each participant. Plans must consider
individualization, integration, and safety and should be developed by the provider in
collaboration with the Case Resource Manager, participant and his or her family(the
team). Initial plans will be completed within 60 days from date of service authorization
and must be signed by the participant and/or his or her guardian if any. Copies of the
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Professional Services Contract#L01-0119-20
initial and subsequent revised plans will be distributed as appropriate to all team
members. Plans will be reviewed and signed annually. Plans will include the information
listed below:
a. Current date;
b. Time line for the Plan;
c. Participant's name first and last;
d. Participant's ADSA ID;
e. The participant's skills, gifts, interests, and preferred activities.
f. The Community Inclusion goal. The goal needs to relate to one or more of the
following(per the County Guide to Achieve Developmental Disability
Administration Guiding Values):
i. Identify integrated community places where the participant's interest, culture,
talent, and gifts can be contributed and shared with others with similar interests.
ii. Identify typical community clubs, associations, and organizations where the
participant can be a member and have decision making capacities.
iii. Identify opportunities where the participant can contribute to the community
doing new and interesting things or things the individual enjoys.
iv. Build and strength relationships between family members and members of the
local community who are not paid to be with the person.
g. The Support Intensity Scale(SIS) subscale that most relates to the goal (Community
living; Lifelong learning; Employment; Health& Safety; Social; and Protection&
Advocacy)
h. Measurable strategies and time lines (action steps and supports) to meet the goal.
i. Identification of persons and/or entities available to assist the participant in reaching
his or her long term goal.
j. Identification of other accommodations, adaptive equipment and/or conditions
critical to achieve the goal.
2. All services relate to the participant's individually identified goal(s)as outlined in their
plan.
3. Each participant is assisted to participate in typical and integrated activities, events and
organizations in the individual's neighborhood or local community in ways similar to
others of same age.
4. Each participant is assisted to take part in activities on an individualized basis.
5. The opportunity is provided for connection and relationship building between the
participant and people without disabilities who are not paid to provide services to the
participant.
6. Volunteer opportunities comply with U.S. Department of Labor standards and applicable
state standards.
7. Service activity and the outcome of those activities are documented in the participant's
progress reports.
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8. Evidence that services the agency provides adhere to the Medicaid HCBS settings
requirements of 42CFR 441 530(a)(1) including:
a. is integrated in and supports full access to the greater community;
b. ensures the individual receives services in the community to the same degree of
access as individuals not receiving Medicaid HCBS;and
c. provides opportunities to seek employment and work in competitive integrated
settings.
•
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Exhibit E: Data Security Requirements
1. Definitions
The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions
a. "AES" means the Advanced Encryption Standard, a specification of Federal Information
Processing Standards Publications for the encryption of electronic data issued by the
National Institute of Standards and Technology
(http://nvlpubs.nist.gov/nistpubs/FIP S/N IST.FIP S.197pdf).
b. "Authorized User(s)"means an individual or individuals with a business need to access
DSHS Confidential Information, and who has or have been authorized to do so.
c. "Category 4 Data' is data that is confidential and requires special handling due to statutes
or regulations that require especially strict protection of the data and from which
especially serious consequences may arise in the event of any compromise of such data.
For purposes of this contract, data classified as Category 4 refers to data protected by: the
Health Insurance Portability and Accountability Act(HIPAA).
d. "Cloud" means data storage on servers hosted by an entity other than the Contractor and
on a network outside the control of the Contractor. Physical storage of data in the cloud
typically spans multiple servers and often multiple locations. Cloud storage can be
divided between consumer grade storage for personal files and enterprise grade for
companies and governmental entities. Examples of consumer grade storage would
include iCloud, Dropbox, Box.com, and many other entities. Enterprise cloud vendors
include Microsoft Azure, Amazon Web Services, 0365, and Rackspace.
e. "Encrypt' means to encode Confidential Information into a format that can only be read
by those possessing a"key"; a password, digital certificate or other mechanism available
only to authorized users. Encryption must use a key length of at least 128 bits(256
preferred and required to be implemented by 6/30/2021 for providers who serve 150 or
more DSHS clients) for symmetric keys, or 2048 bits for asymmetric keys. When a
symmetric key is used, the Advanced Encryption Standard(AES) must be used if
available.
f. "Hardened Password" means a string of at least eight characters containing at least three
of the following four character classes: Uppercase alphabetic, lowercase alphabetic,
numeral, and special characters such as an asterisk, ampersand,or exclamation point.
g. "Mobile Device"means a computing device, typically smaller than a notebook,which
runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile
Devices include smart phones,most tablets, and other form factors.
h. "Multi-factor Authentication" means controlling access to computers and other IT
resources by requiring two or more pieces of evidence that the user is who they claim to
be. These pieces of evidence consist of something the user knows, such as a password or
PIN; something the user has such as a key card, smart card, or physical token; and
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•
something the user is, a biometric identifier such as a fingerprint, facial scan,or retinal
scan. "PIN"means a personal identification number,a series of numbers which act as a
password for a device. Since PINs are typically only four to six characters,PINs are
usually used in conjunction with another factor of authentication,such as a fingerprint.
i. "Portable Device"means any computing device with a small form factor,designed to be
transported from place to place. Portable devices are primarily battery powered devices
with base computing resources in the form of a processor,memory, storage, and network
access. Examples include,but are not limited to,mobile phones,tablets,and laptops.
Mobile Device is a subset of Portable Device.
j. "Portable Media"means any machine readable media that may routinely be stored or
moved independently of computing devices. Examples include magnetic tapes,optical
discs(CDs or DVDs), flash memory(thumb drive)devices, external hard drives, and
internal hard drives that have been removed from a computing device.
k. "Secure Area"means an area to which only authorized representatives of the entity
possessing the Confidential Information have access, and access is controlled through use
of a key,card key,combination lock,or comparable mechanism. Secure Areas may
include buildings,rooms or locked storage containers(such as a filing cabinet or desk
drawer)within a room,as long as access to the Confidential Information is not available
to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted
access,the Data must be secured in such a way as to prevent access by non-authorized
staff such as janitorial or facility security staff,when authorized Contractor staff are not
present to ensure that non-authorized staff cannot access it.
1. "Trusted Network"means a network operated and maintained by the Contractor,which
includes security controls sufficient to protect DSHS Data on that network. Controls
would include a firewall between any other networks,access control lists on networking
devices such as routers and switches, and other such mechanisms which protect the
confidentiality, integrity, and availability of the Data.
m. "Unique User ID"means a string of characters that identifies a specific user and which,
in conjunction with a password,passphrase or other mechanism,authenticates a user to
an information system.
2. Authority
The security requirements described in this document reflect the applicable requirements of
Standard 141.10(https://ocio.wa.gov/policies)of the Office of the Chief Information Officer
for the state of Washington, and of the DSHS Information Security Policy and Standards
Manual. Reference material related to these requirements can be found here:
https://www.dshs.wa.gov/fsa/central-contract-services/keeping-dshs-client-information-
private-and-secure,which is a site developed by the DSHS Information Security Office and
hosted by DSHS Central Contracts and Legal Services.
3. Administrative Controls
The Contractor must have the following controls in place:
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Professional Services Contract#L01-0119-20
a. A documented security policy governing the secure use of its computer network and
systems, and which defines sanctions that may be applied to Contractor staff for violating
that policy.
b. If the Data shared under this agreement is classified as Category 4 data, the Contractor
must be aware of and compliant with the applicable legal or regulatory requirements for
that Category 4 Data.
c. If Confidential Information shared under this agreement is classified as Category 4 data,
the Contractor must have a documented risk assessment for the system(s)housing the
Category 4 Data.
4. Authorization,Authentication, and Access
In order to ensure that access to the Data is limited to authorized staff,the Contractor must:
a. Have documented policies and procedures governing access to systems with the shared
Data.
b. Restrict access through administrative,physical, and technical controls to authorized
staff.
c. Ensure that user accounts are unique and that any given user account logon ID and
password combination is known only to the one employee to whom that account is
assigned. For purposes of non-repudiation, it must always be possible to determine
which employee performed a given action on a system housing the Data based solely on
the logon ID used to perform the action.
d. Ensure that only authorized users are capable of accessing the Data.
e. Ensure that an employee's access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment, or the contract under which the Data is made available to
them, is terminated.
(3) When they no longer need access to the Data to fulfill the requirements of the
contract.
f. Have a process to periodically review and verify that only authorized users have access to
systems containing DSHS Confidential Information.
g. When accessing the Data from within the Contractor's network (the Data stays within the
Contractor's network at all times), enforce password and logon requirements for users
within the Contractor's network, including:
(1) A minimum length of 8 characters, and containing at least three of the following
character classes: uppercase letters, lowercase letters, numerals, and special
characters such as an asterisk, ampersand, or exclamation point.
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Professional Services Contract#L01-0119-20
(2) That a password does not contain a user's name, logon ID, or any form of their full
name.
(3) That a password does not consist of a single dictionary word. A password may be
formed as a passphrase, which consists of multiple dictionary words.
(4) That passwords are significantly different from the previous four passwords.
h. When accessing Confidential Information from an external location(the Data will
traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk
and enforce password and logon requirements for users by employing measures
including:
(1) Ensuring mitigations applied to the system do not allow end-user modification.
Examples would include but not be limited to installing key loggers, malicious
software, or any software that will compromise DSHS data.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access. Examples include,
but are not limited to RADIUS Microsoft Remote Desktop (RDP) and Citrix.
(4) Encrypting all remote access traffic from the external workstation to Trusted Network
or to a component within the Trusted Network. The traffic must be encrypted at all
times while traversing any network, including the Internet, which is not a Trusted
Network.
(5) Ensuring that the remote access system prompts for re-authentication or performs
automated session termination after no more than 30 minutes of inactivity.
(6) Ensuring use of Multi-factor Authentication to connect from the external end point to
the internal end point. This is required of providers serving 150 or more DSHS clients
and must be in place by 6/30/2021.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechanism, such as a biometric(fingerprint, face recognition, iris scan) or
token(software, hardware, smart card, etc.) in that case:
(1) The PIN or password must be at least 5 letters or numbers when used in conjunction
with at least one other authentication factor
(2) Must not be comprised of all the same letter or number(11111, 22222, aaaaa, would
not be acceptable)
(3) Must not contain a"run" of three or more consecutive numbers(12398, 98743 would
not be acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a Mobile
Device,passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case, letter,
number).
(3) Not contain more than a three consecutive character run. Passcodes consisting of
12345, or abcdl2 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
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Professional Services Contract#L01-0114-20
5. Protection of Data
The Contractor agrees to store Data on one or more of the following media and protect the
Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data
will be restricted to Authorized User(s) by requiring logon to the local workstation using
a Unique User ID and Hardened Password or other authentication mechanisms which
provide equal or greater security, such as biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network servers and
made available through shared folders, access to the Data will be restricted to Authorized
Users through the use of access control lists which will grant access only after the
Authorized User has authenticated to the network using a Unique User ID and Hardened
Password or other authentication mechanisms which provide equal or greater security,
such as biometrics or smart cards. Data on disks mounted to such servers must be located
in an area which is accessible only to authorized personnel, with access controlled
through use of a key, card key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is
sufficient as long as the disks remain in a Secure Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data, as outlined below in
Section 8 Data Disposition, may be deferred until the disks are retired, replaced,or
otherwise taken out of the Secure Area.
c. Optical discs(CDs or DVDs) in local workstation optical disc drives. Data provided
by DSHS on optical discs which will be used in local workstation optical disc drives and
which will not be transported out of a Secure Area. When not in use for the contracted
purpose, such discs must be Stored in a Secure Area. Workstations which access DSHS
Data on optical discs must be located in an area which is accessible only to authorized
personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
d. Optical discs(CDs or DVDs) in drives or jukeboxes attached to servers. Data
provided by DSHS on optical discs which will be attached to network servers and which
will not be transported out of a Secure Area. Access to Data on these discs will be
restricted to Authorized Users through the use of access control lists which will grant
access only after the Authorized User has authenticated to the network using a Unique
User ID and Hardened Password or other authentication mechanisms which provide
equal or greater security, such as biometrics or smart cards. Data on discs attached to
such servers must be located in an area which is accessible only to authorized personnel,
with access controlled through use of a key, card key, combination lock, or comparable
mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a
Secure Area which is only accessible to authorized personnel. When not in use, such
records must be stored in a Secure Area.
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Professional Services Contract#L01-0119-20
f. Remote Access. Access to and use of the Data over the State Governmental Network
(SGN)or Secure Access Washington(SAW)will be controlled by DSHS staff who will
issue authentication credentials(e.g. a Unique User ID and Hardened Password)to
Authorized Users on Contractor's staff. Contractor will notify DSHS staff immediately
whenever an Authorized User in possession of such credentials is terminated or
otherwise leaves the employ of the Contractor,and whenever an Authorized User's
duties change such that the Authorized User no longer requires access to perform work
for this Contract.
g. Data storage on portable devices or media
(1) Except where otherwise specified herein,DSHS Data shall not be stored by the
Contractor on portable devices or media unless specifically authorized within the
terms and conditions of the Contract. If so authorized,the Data shall be given the
following protections:
a) Encrypt the Data.
b) Control access to devices with a Unique User ID and Hardened Password or
stronger authentication method such as a physical token or biometrics.
c) Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum
period of inactivity is 20 minutes.
d) Apply administrative and physical security controls to Portable Devices and
Portable Media by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are shared, and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and Portable
Media with DSHS Confidential Information must be under the physical control of
Contractor staff with authorization to access the Data,even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media as part of a
Contractor's existing,documented backup process for business continuity or disaster
recovery purposes. Such storage is authorized until such time as that media would
be reused during the course of normal backup operations. If backup media is retired
while DSHS Confidential Information still exists upon it, such media will be
destroyed at that time in accordance with the disposition requirements below in
Section 8 Data Disposition.
(2) Data may be stored on non-portable media(e.g. Storage Area Network drives, virtual
media,etc.)as part of a Contractor's existing,documented backup process for
business continuity or disaster recovery purposes. If so, such media will be protected
as otherwise described in this exhibit. If this media is retired while DSHS
Confidential Information still exists upon it,the data will be destroyed at that time in
accordance with the disposition requirements below in Section 8 Data Disposition.
i. Cloud storage
DSHS Confidential Information requires protections equal to or greater than those
specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither
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Professional Services Contract#L01-0119-20
DSHS nor the Contractor has control of the environment in which the Data is stored.
For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of
the following conditions are met:
a) Contractor has written procedures in place governing use of the Cloud storage
and Contractor attest to the contact listed in the contract and keep a copy of
that attestation for your records in writing that all such procedures will be
uniformly followed.
b) The Data will be Encrypted while within the Contractor network.
c) The Data will remain Encrypted during transmission to the Cloud.
d) The Data will remain Encrypted at all times while residing within the Cloud
storage solution.
e) The Contractor will possess a decryption key for the Data, and the decryption
key will be possessed only by the Contractor.
f) The Data will not be downloaded to non-authorized systems, meaning systems
that are not on the contractor network.
g) The Data will not be decrypted until downloaded onto a computer within the
control of an Authorized User and within the contractor's network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless either:
a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees
in writing to all of the requirements within this exhibit; or,
b) The Cloud storage solution used is HIPAA compliant.
(3) If the Data includes protected health information covered by the Health Insurance
Portability and Accountability Act(HIPAA), the Cloud provider must sign a Business
Associate Agreement prior to Data being stored in their Cloud solution.
6. System Protection
To prevent compromise of systems which contain DSHS Data or through which that Data
passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied within
3 months of being made available.
b. The Contractor will have a method of ensuring that the requisite patches and hotfixes
have been applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if available,
installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and
any malware database the system uses, will be no more than one update behind current.
7. Data Segregation
a. DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS
data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can
be identified for return or destruction. It also aids in determining whether DSHS Data
has or may have been compromised in the event of a security breach. As such, one or
more of the following methods will be used for data segregation:
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Professional Services Contract#L01-0119-20
(1) DSHS Data will be kept on media(e.g. hard disk, optical disc, tape, etc.)which will
contain no non-DSHS Data.
(2) DSHS Data will be stored in a logical container on electronic media, such as a
partition or folder dedicated to DSHS Data.
(3) DSHS Data will be stored in a database which will contain no non-DSHS data.
And/or,
(4) DSHS Data will be stored within a database and will be distinguishable from non-
DSHS data by the value of a specific field or fields within database records.
(5) When stored as physical paper documents, DSHS Data will be physically segregated
from non-DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then
both the DSHS Data and the non-DSHS data with which it is commingled must be
protected as described in this exhibit.
8. Data Disposition
When the contracted work has been completed or when the DSHS Data is no longer needed,
except as noted above in Section 5.b, DSHS Data shall be returned to DSHS or destroyed.
Media on which Data may be stored and associated acceptable methods of destruction are as
follows:
Data stored on: Will be destroyed by:
Server or workstation hard disks,or Using a"wipe"utility which will overwrite the
Data at least three(3)times using either random
Removable media(e.g. floppies,USB flash or single character data,or
drives,portable hard disks)excluding optical
discs Degaussing sufficiently to ensure that the Data
cannot be reconstructed,or
Physically destroying the disk
Paper documents with sensitive or Confidential Recycling through a contracted firm,provided
Information the contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential On-site shredding,pulping,incineration,or
Information requiring special handling(e.g. contractor
protected health information)
Optical discs(e.g. CDs or DVDs) Incineration,shredding,or completely defacing
the readable surface with a coarse abrasive
Magnetic tape Degaussing,incinerating or crosscut shredding
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Professional Services Contract#L01-0119-20
9. Notification of Compromise or Potential Compromise
The compromise or potential compromise of DSHS shared Data must be reported to the
DSHS Contact designated in the Contract within one(1)business day of discovery. If no
DSHS Contact is designated in the Contract,then the notification must be reported to the
DSHS Privacy Officer at dshsprivacyofficer @dshs.wa.gov. Contractor must also take
actions to mitigate the risk of loss and comply with any notification or other requirements
imposed by law or DSHS.
10.Data shared with Subcontractors
If DSHS Data provided under this Contract is to be shared with a subcontractor,the Contract
with the subcontractor must include all of the data security provisions within this Contract
and within any amendments,attachments,or exhibits within this Contract. If the Contractor
cannot protect the Data as articulated within this Contract,then the contract with the sub-
Contractor must be submitted to the DSHS Contact specified for this contract for review and
approval.
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 25, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Agreement between Lewis County and Lewis County Work Opportunities to provide
Individual Employment and Community Inclusion services
Contact: Sandi Andrus Phone: 740-1148
Department: PHSS - Public Health & Social Services
Description:
The State Developmental Disabilities Administration contracts with Lewis County to oversee the
administration of grant money for services provided to individuals with developmental disabilities.
This subcontract provides funding for Lewis County Work Opportunities to provide Individual
Employment and Community Inclusion services services to eligible persons who reside in Lewis
County. January 1, 2021 through March 31, 2021.
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending-SA J.P. Anderson Pending
PA's Office Pending
Tammy Martin Pending
Additional Copies: Cover Letter To:
Sandi Andrus, Sara Sons, Stacey Loflin, Lewis County Work Opportunities
Suzette Smith, Kaity Nissell, Grace Jimenez, Attn: Greg Martin
Michelle Sauter, Michelle Sabin, Jill Nielson 122 Sears Rd
Chehalis, WA 98532