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2018 Kittitas County RFQ Employment and Day Program Services
REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES
Kittitas County, Washington
May 1, 2018
Request for Qualifications for:
Developmental Disabilities
Employment and Day Program Services
Kittitas County hereby seeks Requests for Qualifications from providers interested and capable of
delivering Employment and Day Program Services to individuals with developmental disabilities
consistent with the requirements and criteria contained herein.
APPLICATIONS ARE NOW OPEN FOR CONTINUOUS ENROLLMENT.
Response(s) shall be sealed and clearly marked with the following title: Response to Kittitas
County RFQ for the Provision of Services for People with Developmental Disabilities
Responses may be submitted via postal service, e-mail, or fax to:
Kittitas County Public Health Department
Developmental Disabilities Program
507 N. Nanum St., Suite #102
Ellensburg, WA 98926
kasey.knutson@co.kittitas.wa.us
Fax: (509) 962-7581
For questions or more information, contact Kittitas County Developmental Disabilities
Coordinator:
Kasey Knutson
509-933-8233
Kasey.knutson@co.kittitas.wa.us
2018 Kittitas County RFQ 1
Table of Contents
Part I Qualifications Requirements .............................................................................................................. 3
Section IA: General Information ................................................................................................................ 3
1. Introduction ...................................................................................................................................... 3
2. Background ....................................................................................................................................... 3
3. Funding ............................................................................................................................................. 3
Section IB: Work Requirements ................................................................................................................ 3
1. Accessibility ........................................................................................................................................ 3
2. Licenses and Certification ................................................................................................................... 3
3. General Requirements .............................................................................................................................. 4
4. Scope of Work..................................................................................................................................... 5
• Employment Services ................................................................................................................. 5
• Service Requirements .......................................................................................................... 5
• Community Access ..................................................................................................................... 7
• Service Requirements .......................................................................................................... 7
Part II Qualifications Preparation and Submittal ....................................................................................... 11
Section IIA Qualifications Submission ...................................................................................................... 11
Section IIB Qualifications Content ........................................................................................................... 11
Part III Qualifications Evaluation & Determination of Qualifications ....................................................... 12
Section IIIA: Qualifications Review and Selection .................................................................................... 12
1. Evaluation and Selection: .............................................................................................................. 12
2. Evaluation Criteria ........................................................................................................................ 12
Section IIIB: Contract Award.................................................................................................................... 12
1. Contractor Selection ..................................................................................................................... 12
2. Contractor Notification ................................................................................................................. 12
Attachment A.............................................................................................................................................. 13
Cover Sheet .................................................................................................................................................... 13
Attachment B .............................................................................................................................................. 14
Qualifications .................................................................................................................................................. 14
Certification Regarding Debarment or Exclusion .......................................................................................... 18
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 2
Attachment C .............................................................................................................................................. 19
Data/Information Systems Questionnaire ..................................................................................................... 19
Exhibit A ...................................................................................................................................................... 20
Kittitas County Standard Contract Terms and Conditions ................................................................................ 20
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 3
Part I Qualifications Requirements
Section IA: General Information
1. Introduction
The purpose of this Request for Qualifications (RFQ) is to solicit new developmental disabilities Employment and
Day Program service providers (Contractors) who may qualify to be added to the Kittitas County Developmental
Disabilities Program Qualified Provider List.
Employment and Day Program Contractors currently working under Kittitas County Contract need not respond to
this RFQ.
Kittitas County contracts with qualified Employment and Day Program service providers, using funding from the
State of Washington Department of Social and Human Services (DSHS) and Developmental Disabilities
Administration (DDA) to provide the following Employment and Day Program Services:
• Individual Supported Employment
• Group Supported Employment
• Community Access
A description of each Employment and Day Program Service listed above is included in their respective Scope of
Work Section found in Section IB – Work Requirements of this RFQ.
Placement on the County Qualified Provider List does not guarantee a Contract will be offered to a Contractor.
2. Background
Pursuant to DDA guidelines, the County seeks to add qualified providers to its current Qualified Provider List, to
deliver the described services and which is used by authorized service recipients to procure applicable services.
3. Funding
Funding is determined by the number of individuals served by a Contractor and the service(s) provided. Current
Service Rates compensation for each Employment and Day Program Service is included in their respective Scope of
Work Section found in Section IB – Work Requirements in this RFQ. Rates are subject to change.
Section IB: Work Requirements
1. Accessibility
The Contractor shall provide means of access via phone, fax, and/or email at no cost to the individuals receiving
services.
2. Licenses and Certification
The Contractor shall maintain all applicable licenses and certifications required under DDA Policy 6.13 - Provider
Qualifications for Employment and Day Program Services:
https://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/policy/policy6.13.pdf
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 4
3. General Requirements
Prior to a Contractor being placed on the Qualified Provider List, the Contractor shall submit proof of compliance
with the following requirements per DDA Policy 6.13 - Provider Qualifications for Employment and Day Program
Services.
1. Exhibit ability to successfully develop and implement a plan for providing services that are based on
individual needs that include:
• Method for gathering information
• How needs are assessed
• Plan implementation; and
• Plan outcomes
2. Demonstrate ability to provide services in accordance with the DDA County Guidelines:
https://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/c_guidelines.pdf
3. Exhibit administrative capabilities necessary to safeguard public funds, including maintaining books,
records, documents and other materials relevant to the provision of goods and services. This includes:
• Internal control policies;
• Evidence of fiscal stability:
• The Contractor must submit financial statements for the past two years; and
• The Contractor must be able to show cash reserves or a current line of credit to provide services for
no less than two months of services; and
• Submit a projected budget based on your anticipated service capacity for one year of services.
4. Maintain a management system that provides for the methodical collection, filing, and retention of timely
records and reports related to:
• Customers, Staff, and the Contractor’s organizational structure, tax status, capabilities,
and performance.
5. Employ individuals 18 years of age or older and ensure the following requirement is met for each
employee who provides direct services:
• Have proof of criminal history background clearance in accordance with RCW 43.43.830-845 and
RCW 74.15.030. DDA requires the DSHS Background Check Central Unit (BCCU) be used to obtain
background clearances, prior to the individual providing any services under a County contract.
6. Have at least one staff member with two years of experience related to the service for which the
Contractor is applying to provide as follows:
• For Employment Contractors: Experience must include developing, obtaining, and maintaining
successful placements in the community in paid employment at minimum wage or better with the
wages paid by a community-based business.
• For Community Access Contractors: Experience must include providing services in an integrated
community setting that supports contribution by the customer with local community members who
are not paid to be with that person.
7. Additionally, Contractors must:
• Provide written assurance that potential conflicts of interest will not arise. Such a conflict will arise
when any Employment or Day Program provider is a guardian, legal representative or other
decision maker for the customer. A conflict may also arise when any employee of the agency is the
decision maker for, or a family member of, a customer of the agency.
• Develop and implement a training plan for employees that meet the requirements described in
DDA Policy 6.13. The training plan must also address ongoing training and review of DDA policies.
• Individual Supported Employment Contractors must have a contract with the DSHS Division of
Vocational Rehabilitation so customers can access funding.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 5
• Be certified by the Commission on Accreditation of Rehabilitation Facilities (CARF).
8. Insurance: Contractors are asked to submit proof of insurance with the proposal.
4. Scope of Work
Individual Supported Employment
This service is part of an individual’s pathway to employment in accordance with the DDA Policy 4.11 County
Services for Working Age Adults. Individual Supported Employment services are tailored to individual needs,
interests, and abilities to develop and promote career advancement. These are individualized services
necessary to help persons with developmental disabilities to obtain and continue integrated employment at
or above the state’s minimum wage in the general workforce. These services may include intake, discovery,
assessment, job preparation, job marketing, job supports, record keeping and support to maintain a job.
Contractor shall facilitate services that include: creating work opportunities through job development, support
to the employee’s supervisors and/or peer workers to enable them to support a person on the job, on-the-job
training, and modification of work site or tasks, employment retention and support, and development of
career and promotional opportunities with wages being minimum wage or higher. Self- employment may also
be an option within Employment Services.
Group Supported Employment
Group Supported Employment or “GSE” services are a part of an individual’s pathway to integrated jobs in
typical community employment. These services include many of the elements described in Individual
Supported Employment and offer ongoing supervised employment for groups of no more than eight (8)
workers with disabilities in the same setting. Examples include enclaves, mobile crews, and other business
models employing small groups of workers with disabilities in integrated employment in community settings.
IE & GSE Service Requirements:
Employment provider clients must be able to access the DSHS Division of Vocational
Rehabilitation (DVR) funding. Employment providers must be familiar with the DDA and DVR
Memorandum of Understanding, which describes the continuum of services and supports
available.
• The Contractor shall maintain Registered Vendor status with the Division of Vocational Rehabilitation
DVR. If the Contractor fails to maintain DVR status or fails to achieve and maintain Commission on
Accreditation of Rehabilitation Facilities CARF accreditation, the County will terminate the Contract.
• The Contractor shall provide a copy of its CARF certification report to the County within thirty (30)
days of receipt from the CARF Accreditation Board.
• It is expected that all customers access DVR funding as a resource. The contractor shall use DVR or
other funding supports for all services for which a customer is eligible. County funds are not intended
to be the sole source of funding for services and the Contractor is expected to utilize other available
funding sources in providing services. The Contractor shall report third-party payments on the
monthly Case Management Information System CMIS report.
• The Contractor, including their parent corporations or other business ventures in which they or their
principals have an interest, that hires Individual Supported Employment customers shall not receive
County funding for that customer. The Contractor shall not receive County support for customers
placed in jobs with other County service providers or businesses created to provide employment to
people with disabilities prior to written request to the County and subsequent County approval.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 6
• The Contractor shall maintain staff that is experienced in providing this service based on DDA Policy
6.13.
• The Contractor shall notify the County when there are changes in the Contractor’s ability to serve
customers.
• When a customer does not have County identified support and it is determined that the customer
wants or needs County funding, the Contractor shall obtain a Release of Information (ROI) to allow
discussion with the County. This includes customers the Contractor supports from DVR.
• The Contractor shall support the continued development of the services listed above through activities
such as, but not limited to: reviewing draft documents and providing feedback to the County,
participating in all County required training and attending all service development meetings.
• For customers with guardians, legal documentation of the guardianship must be in the customer’s
file.
• Documents must be signed by the appropriate entity.
• In accordance with DDA Policy 5.02 and DDA Criteria for Evaluation System, Criteria for All Services,
the Contractor shall provide to each customer, prior to delivering services, the information listed
below. The Contractor shall document, by the customer and/or guardian signature, that the
customer has received this information. When appropriate, the customer’s family, guardian or
advocate shall also be informed.
o The customer’s rights regarding privacy, respectful staff-to-customer interactions, grievance
procedures, and the right to be treated with dignity and respect and free of abuse;
o The process for changing service providers or services, which shall include a grievance
procedure and guidance for the customer to be directed to their DDA Case Manager;
o Services, service hours, and benefits the customer may expect from the Contractor;
o The customer’s responsibilities; and
o Other information pertinent to the service and Contractor
• The Contractor shall participate in DDA Individual Service Plan (ISP) meetings for customers and
keep a copy of the ISP and DDA Assessment in the customers’ file.
• Prior to beginning service, the Contractor will clearly communicate to the customer the maximum
service hours per month the customer can expect to receive. The amount of services a customer
receives will be based on the customer’s demonstrated need, acuity and work history per WAC.
Changes to hours of service shall occur as needed at the annual ISP meeting. If a change in the
maximum service hours(s) is expected outside of the ISP meeting, the Contractor shall make a request
to the County on a county approved form and notify the customer prior to the change. The customer’s
maximum service hour(s) will correlate with the CMIS Planned Rates information and the customer’s
ISP.
• The Contractor shall provide all customer services according to customer need or at least one direct
face to face contact per month.
• The Contractor shall immediately inform the County of any customer who is not actively
participating in services or does not wish to pursue gainful employment.
• Services shall be delivered on an individual basis between a Contractor staff member and a
customer and not in a group setting with other individuals with developmental disabilities.
• If a customer chooses to utilize any third-party to assist with planning, the Contractor shall
cooperate with that party and the planning team.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 7
• Within 60 days of the service authorization date, the Contractor shall have a current, fully signed,
County-approved Service Plan for a customer in accordance with DDA Criteria for Evaluation System.
• All services shall be provided and outcomes delivered according to the customer’s plan. Services
provided that are not identified in the plan shall not be compensated unless a written exception is
granted by the County.
• The Contractor shall provide progress reports every 6 months for all customers that describe
outcomes of plan activities to the customer, guardian, County, and DDA Case Manager. The reports
shall summarize the progress made towards the customer’s individualized goals, and will be due
within 30 days following the end of the six-month period.
• The Contractor shall:
o Review the customer’s employment goals, activities, and outcomes;
o Consult with the customer and/or the family/guardian;
o Develop additional strategies with the customer and/or family/guardian, County staff,
employment support staff and the DDA Case Manager to assist the customer in moving
towards employment;
o Provide a Progress Report to the customer/guardian, County, DDA Case Manager
outlining the results of the review, future changes in service delivery and strategies to
reach the employment goal; and
o Maintain all information in the customer’s file.
For each six (6) month period that follows, the Contractor shall:
o Address steps outlined in the previous six (6) month Progress Report in the next six (6)
month report;
o Complete the review process and send a Progress Report as indicated above; and
o Maintain information in the customer’s file.
Employment Services Requirements: Customers shall be supported to work towards a living wage. A
living wage is the amount needed to enable an individual to meet or exceed his or her living expenses.
Customers should average twenty (20) work hours per week or eighty-six (86) hours per month.
Payment rates and terms are in compliance with DDA requirements and will be outlined in the
contract. Service Rates as of 1/1/2018:
o Individual Supported Employment: The hourly rate is $70.00.
o Group Supported Employment: The hourly rate is $50.00.
Community Access
Community Access Services (CA) are individualized services provided in typical integrated community settings
for individuals in retirement. Services will promote individualized skill development, independent living and
community integration for persons to learn how to actively and independently engage in their local
community. Activities will provide opportunities to develop relationships and to learn practice and apply skills
that result in greater independence and community inclusion.
CA Service Requirements:
• All services shall be delivered within Kittitas County.
• To ensure health and safety, positive image and relationships in the community, increase
competence and individualized skill building, and other expected benefits of Community Access,
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 8
services will occur individually. Services shall be delivered on a one (1) staff to one (1) customer basis
and not in combination with other Contractor staff and/or individuals with developmental disabilities.
• Community Access services will focus on activities that are typically experienced by the general public.
Support to participate in segregated activities and /or specialized activities will not be reimbursed. The
Contractor shall provide Community Access Services that include the following service standards:
o Provide support necessary to build and strengthen relationships with community
members who are not paid to be with the customer;
o Connect customers with community members that share the customer’s interest,
culture, talent and gifts that can contribute to and be shared with others with similar
interest(s);
o Provide individualized community activities based on personal preference and within
culturally appropriate settings; and
o Support individual participation in clubs, associations, and organizations as members and
in decision-making capacities.
o An individual receiving Community Access services may at any time choose to pursue work
and to receive employment support.
• The Contractor shall not receive County support for customers placed in volunteer jobs within their
organization or other County service providers.
• The Contractor shall maintain staff experienced in providing this service based on DDA Policy 6.13.
• The Contractor shall support the continued development of the services listed above through activities
such as, but not limited to: reviewing draft documents and providing feedback to the County,
participating in all County required training and attending all service development meetings.
• For customers with guardians, legal documentation of the guardianship must be in the customer’s
file. Documents must be signed by the appropriate entity.
• In accordance with DDA Policy 5.02 and DDA Criteria for Evaluation System, Criteria for All Services,
the Contractor shall provide to each customer, prior to delivering services, the information listed
below. The Contractor shall document, by the customer’s signature, that the customer has received
this information. When appropriate, the customer’s family, guardian or advocate shall also be
informed.
o The customer’s rights regarding privacy, respectful staff-to-customer interactions, grievance
procedures, and the right to be treated with dignity and respect and free of abuse;
o The process for changing service providers or services, which shall include a grievance
procedure and guidance for the customer to be directed to their DDA Case Manager;
o Services, service hours, and benefits the customer may expect from the Contractor;
o The customer’s responsibilities; and
o Other information pertinent to the service and Contractor.
• The Contractor shall participate in DDA Individual Service Plan (ISP) meetings for customers and
keep a copy of the ISP and DDA Assessment in the customers’ file.
• Prior to beginning service, the Contractor will clearly communicate to the customer the maximum
service hours per month the customer can expect to receive. The amount of services a customer
receives will be based on the customer’s acuity per WAC. Service hour(s) will correlate with the CMIS
Planned Hours information and the customer’s ISP.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 9
• The Contractor shall provide all customer services according to customer need or at least one (1)
direct contact per month. If a customer will not be receiving a direct monthly contact, the Contractor
shall immediately inform the County.
• The Contractor shall immediately inform the County of any customer who is not actively
participating in services.
• If a customer chooses to utilize any third-party to assist with planning, the Contractor shall
cooperate with that party and the planning team.
• Prior to providing services specified in this Contract, the Contractor shall have a current, fully signed,
County-approved Service Plan for a customer in accordance with DDA Criteria for Evaluation System
that is completed within sixty (60) days from the beginning of initial services.
• The Service Plan shall include information that identifies and addresses the
individualized goal and support needs for each customer.
• All services shall be provided and outcomes delivered according to the customer’s plan. Services
provided that are not identified in the plan shall not be compensated unless a written exception is
granted by the County.
• The Contractor shall provide progress reports every six months for all customers that describe
outcomes of customer activities to the customer/guardian, the County, and DDA Case Managers. The
reports shall summarize the progress made towards the customer’s individualized goals and be
submitted to the customer and/or guardian, county, and DDA case manager within 30 days of the end
of the six-month period.
• The Contractor shall document if a customer other than age (62 or older) is referred to receive
services described in this Statement of Work and shall maintain a copy of the Exception to Policy in
the customer’s file.
• Examples of Approved Community Access Activities include:
o Public Transit Training
o Community Classes
o Club Memberships
o Volunteerism
• The Contractor shall not engage in nor bill the County for the following Non-Allowable Community
Access Activities:
o Meeting within the customer’s home, except for brief planning meetings. If the customer
requires a transition period to adjust to leaving their home and proceeding into the
community, an exception may be granted by the County through the customer’s Service
Plan.
o Community Access funding shall not support or contribute to customer therapies, telephone
or internet access, gambling, liquor, nightclubs, personal items or meals for the customer of
the Contractor’s staff.
o Community Access activities shall not be those that could otherwise be provided as
respite referenced by the Washington State Developmental Disabilities
Administration (DDA) at: www1.dshs.wa.gov/ddd
o Eating out with the customer is only permitted if within the customer’s local neighborhood
and can be proven to be for the purpose of serving to build a relationship between the
customer and the restaurant staff, or regular restaurant patrons. Only eating-out activities
that are specifically identified within the customer’s Service Plan are billable. The
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 10
Contractor’s staff-time expended on eating-out activities with the customer, if not
identified within the customer’s Service Plan shall not be reimbursed by the County.
o Shopping and movies are not permitted. Activities conducted at a store or shopping mall shall
be identified within the customer’s Service Plan. If store and shopping mall activities are not
identified within the Service Plan, the Contractor’s staff-time expended in the activities shall
not be reimbursed by the County.
o Community Access services will focus on activities that are typically experienced by
the general public. Support to participate in segregated activities will not be
reimbursed.
o A client receiving Community Access services will not receive employment support
simultaneously.
• A client receiving Community Access services may at any time choose to pursue work and to receive
employment support.
• The Payment rates and terms are in compliance with DDA requirements and will be outlined in the
contract. Service Rate as of 1/1/17:
o Community Access: The hourly rate is $32.00.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 11
Part II Qualifications Preparation and Submittal
Section IIA Qualifications Submission
Qualifications must be received no later than the date, time and at the location specified on the cover of this
document.
Section IIB Qualifications Content
Responses to this RFQ shall include all of the following:
1. Attachment A - Cover Sheet. This form is to be used as your qualifications Cover Sheet.
2. Attachment B – Qualifications and Certification of Debarment. This form when completed, with required
Contractor-submitted attachments and responses to RFQ questions, will comprise your statement of
qualifications.
3. Attachment C - Data/Information Systems Questionnaire. This form must be completed to provide
information to the County regarding your data/information system.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 12
Part III Qualifications Evaluation & Determination of Qualifications
Section IIIA: Qualifications Review and Selection
1. Evaluation and Selection:
Submissions of Qualifications received in response to this RFQ will be checked for completeness and administrative
capability. Criteria to be assessed include: the Contractor’s proof of compliance with DDA Policy 6.13 or 6.21, as
applicable, proof of adequate insurance coverage, as well as cash flow issues and the Contractor’s audit or
financial statements.
2. Evaluation Criteria:
The RFQ process is non-competitive. Each Submission of Qualifications will be evaluated for appropriate work
history/experience and quality of the response to items in the Qualifications section. The County may require
additional or clarifying information from the Contractor submitting qualifications.
Section IIIB: Contract Award
1. Contractor Selection
Contractors deemed qualified will be added to the County’s Qualified Provider List of agencies qualified to provide
Employment and Day Program Services and may be offered a contract. Customers are assigned to the Contractor
based on customer/family selection. The number of customers funded for each Contractor will be based on the
number of DDA eligible customers receiving services provided by the Contractor.
2. Contractor Notification
All Contractors responding to this RFQ will be notified whether or not they are being placed on the County
Qualified Provider List to provide Employment and Day Program Services by June 30, 2018.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 13
Attachment A
Cover Sheet
General Information:
Select the Employment and Day Program Services Your Agency Seeks to Provide:
Community Access
Individual Supported Employment / Group Supported Employment
Legal Name of Applicant Agency
Mailing Address
City County State Zip
Contact Person Title
Phone Fax
Email address
Program Location (if different than above)
Tax Identification Number
I certify that to the best of my knowledge the information contained in this Submission of Qualifications
is accurate and complete and that I have the legal authority to commit this business or agency to a
contractual agreement. I realize the final funding for any service is based upon funding levels and the
approval of County officials.
Signature and Title Date
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 14
Attachment B
Qualifications
Note: If additional space is needed, please attach additional sheet(s) and limit your responses to a half page per
response.
A. Type of Organization (Attach incorporation documentation, if applicable):
Private for profit
Public non profit
Local or state government
Other (Please specify: )
B. Each prospective contractor must provide the following:
Washington State Tax Registration Number
Employer Identification Number
Business License
C. Does your agency have a Governing Board?
Yes (attach a list of all members and representation)
No
D. Agency Information
If your agency has more than one employee, please indicate whether the following policies and procedures
are established and practiced (and are approved and adopted by the agency's Board of Directors, if
applicable):
Policy Yes No N/A
Written Personnel/EEO
Staff Job Descriptions
Written Benefits Policy
Affirmative Action Plan
Financial Policies
Program Policies
Grievance Policy
Fire Marshal Approved Usage
Health Department Approved Usage
County Zoning Approved Usage
E. Litigation Status
Is your agency or business currently involved in or does it have any pending legal actions? Has your
agency or business filed for bankruptcy in the past five years?
Yes (Please Explain)
No
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Employment and Day Program Services
2018 Kittitas County RFQ 15
F. Briefly describe your business/agency’s accounting process for tracking expenditures/revenues to
separate accounts.
G. Briefly describe your funding base/revenue sources for the past two years. Provide at least one
financial reference, preferably a bank, which can attest to your business/agency's financial well - being
and financial management capabilities.
H. Describe your business/agency's ability to repay any disallowed costs.
I. Does your organization conduct an internal audit of funds under its control?
Yes. How often is such an internal audit conducted?
No
J. How frequently is your organization audited by an independent auditing firm?
If one is conducted, attach a copy of your organization's last audit for the most recent fiscal year.
K. Within the past five (5) years, have independent audits identified deficiencies which resulted in questioned
costs, costs recommended for disallowance, an "adverse opinion" by the auditors, or the auditors
"disclaiming" any opinions?
Yes. Please Explain
No
L. Is your organization certified by the Washington State Office of Minority and Women's Business
Enterprises as a minority and/or woman-owned enterprise?
Yes. Please provide certification number and date of certification or renewal:
No
M. Does your organization carry general liability insurance?
Yes, state amount, carrier, coverage period and attach a copy of your current insurance certificate
No
N. Does your organization carry professional liability insurance?
Yes, state amount, carrier, coverage period and attach a copy of your current insurance certificate
No
O. Does any employee or official of Kittitas County or member of any County Advisory Board have any
financial or other interest in your agency or this proj ect?
Yes, please explain
No
P. Describe your availability and accessibility to the public (days, hours per week, proximity to
transportation services, etc.) for the provision of services.
Q. Have you ever had a contract terminated?
Yes, please explain the circumstances.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 16
No
R. Have you had any findings or reports with corrective action?
Yes, explain the issue and how the problem was resolved.
No
S. Have you/your agency or any staff of your agency been named in any civil or criminal suit related to
providing services?
Yes, please explain
No
T. Has your agency/business ever operated under a different name? (Include information if the current
director was a director of another agency.)
Yes, please indicate other name:
No
U. Within the past three years, has all staff had clear DSHS Background Central Check Unit (BCCU)?
Yes, please provide copies of their most recent background checks
No
V. Please attach a projected organization chart that shows the name, title/role , and date of hire of each staff
person whose work would be related to services in Kittitas County. Include all applicable service,
administrative and finance staff.
W. Please attach a narrative or documentation in response to the following questions and include them with
your agency’s submission materials:
Please describe your agency’s capacity to provide Employment and Day Program Services to
individuals.
Signed Debarment/Suspension Statement.
Copy/copies of all job descriptions relevant to provide Employment and Day Program Services.
Information on staff that will be providing services, including brief resumes of each that describe
education, licenses and/or certifications, and experience.
A copy of your agency’s table of contents of all written policies and procedures.
A copy of your Business License.
Proof of your agency’s Commission on Accreditation of Rehabilitative Facilities (CARF)
accreditation.
A copy of your agency’s current Washington State Division of Vocational Rehabilitation (DVR)
Contract.
Attach forms and/or explain your agency’s process to successfully develop and implement a plan
for providing services that are based on individual needs that include:
• Method for gathering information;
• How needs are assessed;
• Plan implementation; and
• Plan outcomes
Review the DDA County Guidelines and explain how your agency will provide services in
accordance with the DDA County Guidelines:
https://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/c_guidelines.pdf
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 17
Provide the resume(s) of your employee/employees with a minimum of two (2) years of
experience providing Individual Supported Employment or Community Access services. For
Individual Supported Employment, experience must include developing, obtaining, and
maintaining successful placements for and with people with intellectual and developmental
disabilities in paid employment at minimum wage or better with the wages paid by a community -
based business.
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 18
Certification Regarding Debarment or Exclusion
I certify that this agency, its current employees or officers, are not debarred or suspended or otherwise excluded
from or are ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment
and Suspension" and will not contract with a subcontractor that is debarred or suspended.
I, the undersigned have read and reviewed all of the above statements and attest, to the best of my knowledge,
that they are correct and that I have the legal authority to commit this agency/business to a contractual
agreement.
Signature, Chief Administrator Date
of Applicant Agency/Business
Request for Qualifications
Employment and Day Program Services
2018 Kittitas County RFQ 19
Attachment C
Data/Information Systems Questionnaire
These answers are for County information only.
1. Describe your current information system and network, including hardware.
2. Do you currently have internet access?
Yes, what type of firewall is being used to protect your system?
No
3. Is electronic information backed up on a regular, automated basis?
Yes, how?
No
4. Is there an established, written disaster recovery plan for technology hardware and software?
Yes
No
5. Is virus protection software used on all servers and workstations?
Yes, what software is used? Is it set up for automate downloads of the virus library update?
No
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Employment and Day Program Services
Professional Services Agreement
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Exhibit A
Kittitas County Standard Contract Terms and Conditions (SUBJECT TO CHANGE)
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter “the County”) and NAME OF
CONTRACTOR (hereinafter “Contractor”). The County and Contractor agree as follows:
General Conditions; Attachment A (Scope of Work); Attachment B (Compensation);
Attachment C (Proof of Insurance); Attachment D (Program Agreement between County
and DSHS for Developmental Disabilities County Services County Services, including Exhibits
A and B, which incorporates the DSHS and County Agreement on General Terms and
Conditions by reference); Attachment E (Program Activity Level and Payment Rate
Schedule)
copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein.
The term of this Agreement shall commence on the July 1, 2018 and continue until June 30, 2018.
Any party may terminate this Agreement by giving thirty (30) days notice in writing either personally
delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known
address for the purposes of giving notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions
set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 22
(Patent/Copyright Infringement) and 25 (Confidentiality), are totally and fully part of this Agreement and
have been mutually negotiated by the parties.
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Professional Services Agreement
Page 21
IN WITNESS WHEREOF, the parties have executed this Agreement this ____ day of
________________, 2018.
APPROVED:
CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
___________________________ ______________________________
Signature of Signatory Laura Osiadacz, Chair
(Date __________)
________________________ ______________________________
Print Name of Signatory Obie O’Brien, Vice-Chair
______________________________
Paul Jewell, Commissioner
Attest:
___________________________
Clerk of the Board
Contractor Address: County’s Address:
Kittitas County
205 West 5th Avenue, Suite 108
Ellensburg, WA 98926
Project Contact: Project Contact:
Kasey Knutson
County Coordinator
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Professional Services Agreement
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GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the project narrative
identified in Attachment "A" during the Agreement period. No material, labor, or facilities will be furnished by
the County, unless otherwise provided for in the Agreement.
This Agreement is entered into between Contractor and the County. Its purpose is to provide a
coordinated and comprehensive local program of services for persons with developmental disabilities and
to fulfill the County’s responsibilities in Attachment “D”. This Agreement includes statements of the
Developmental Disabilities Administration within DSHS (hereinafter “DDA”) responsibilities from the
attached Program Agreement despite DDA not being a party to this Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this
Agreement. All work shall comply with applicable laws, codes ordinances and agreements.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules
made a part of this Agreement.
4. Definitions:
4.1 “Additional Insured’s” means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of the County and its
successors and assigns.
4.2 “Subcontractor” is any service provider or other vendor contracted by the Contractor to
provide consumer services or any other work for the purpose of meeting the Contractor’s
obligations under this Agreement.
4.3 “Support” means the following: Contractor’s directors, officers, employees, agents and
representatives; and sub-Contractors of any tier; the respective directors, officers, employees,
agents and representatives of these sub-Contractors of any tier; and any other person or
entity acting under the direction or control of, or on behalf of, Contractor or any Contractor’s
sub-Contractors of any tier in connection with or incident to the performance of the Work or
this Agreement.
4.4 The “Work” means all of the duties listed in Attachment “A” and the performance of all other
obligations, under this Agreement by Contractor or its Support.
4.5 All definitions listed in Attachment D, Section 1 are incorporated by reference into this
Agreement, with the exception of “Subcontractor”.
5. Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment
"B". Where Attachment "B" requires payments by the County, payment shall be based upon billings,
supported unless otherwise provided in Attachment "B", by documentation of units of work actually
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Professional Services Agreement
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performed and amounts earned, including where appropriate, the actual number of days worked each month,
total number of hours for the month, and the total dollar payment requested. Unless specifically stated in
Attachment "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County
will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this
Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no
more often than monthly, through the County voucher system, for the Contractor’s service pursuant to the fee
schedule set forth in Attachment "B".
6. Assignment and Subcontracting:
No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without
the express and prior written approval of the County.
6.1 Contractor recognizes that under the attached Attachment D the County has obligations
relative to subcontracting that may effect this agreement.
6.2 Contractor shall not enter into any subcontracts for the provision of direct services per
Section 388-845-0605 WAC. Any assignments of indirect services entered into by
Contractor shall ensure that all applicable terms and conditions of this Agreement will be
met. Contractor remains responsible for all work performance as detailed in this
Agreement.
7. Independent Contractor:
The Contractor’s services shall be furnished by the Contractor as an independent Contractor and nothing
herein contained shall be construed to create a relationship of employer-employee or master-servant, but all
payments made hereunder and all services performed shall be made and performed pursuant to this
Agreement by the Contractor as an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment "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
Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional Insured’s, officers, agents or
employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys'
fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph.
8. No Guarantee of Employment:
The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment
rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee
of the Contractor or any sub-Contractor or any employee of any sub-Contractor by the County at the present
time or in the future.
9. 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 (i.e. Medicare). All compensation received by the Contractor will be
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Professional Services Agreement
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reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS
regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments
throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor’s performance of this Agreement. 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 Agreement.
The County will pay sales and use taxes imposed on goods or services acquired by the County hereunder as
required by law. The Contractor must 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.
10. Regulations and Requirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of
Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein
or in the attached Attachments.
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 program by whatever means are
deemed expedient by the County. 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 Agreement and its performance, and any and all communications with or
evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial
records and records relating to the performance of work under this Agreement for 6 years after contract
termination, and shall make them available for such review, within Kittitas County, State of Washington, upon
request.
11.1 Records Maintenance: For six (6) years, unless otherwise stated herein, following the
termination of this Agreement, Contractor shall maintain records that are sufficient to:
A. Document the performance of all acts required by law, regulation, or this
Agreement;
B. Substantiate Contractor’s statement of its organization’s structure, tax status,
capabilities, and performance;
C. Demonstrate accounting procedures and practices which sufficiently and
properly document Contractor’s billings to the County and all expenditures
made by the Contractor to perform as required by this Agreement;
D. Ascertain that personnel policies, procedures and practices are in compliance
with this Agreement; and
E. Ascertain that all taxes and insurance required by State and Federal law and
this Agreement were paid by Contractor.
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Professional Services Agreement
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11.2 Right of Inspection. Contractor shall give access to its facilities and records to the County,
its officers, employees or agents, and to any other authorized officer, employee or agent
of the State of Washington or the United States at all reasonable times. Authorized
persons shall have the right to examine Contractor’s performance and financial records
and perform other activities to determine Contractor’s compliance with the terms of this
Agreement.
11.3 Notice of Inspections. The Contactor shall verbally notify the County immediately of any
inspections, audits, accreditation, or program reviews of services by any individual,
agency, or governmental unit, and to promptly provide the County with copies of any
written reports of such inspections, audits, accreditation or program reviews.
12. Modifications:
12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall
be in writing, signed by each of the parties.
12.2 The County may, at any time, by written notice thereof to Contractor (“Change Notice”)
makes changes in the Work within the general scope of this Agreement, including, but not
limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work;
(b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of
any Work.
12.3 If any change in the Work causes an increase or decrease on Contractor’s cost of, or the time
required for, performance of the Work, an equitable adjustment in the compensation to
Contractor and in the schedule for the performance of the Work shall be made to reflect such
an increase or decrease.
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable
adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must,
within thirty (30) days after receipt of any Change Notice that does not set forth any
acceptable adjustment, submit to the County a written statement setting forth any
adjustment claimed.
12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to
compensation associated with changing the Work, such as revising design already completed,
revising calculations already performed, and revising documents.
13. Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the Agreement, including violating any
law, regulation, rule or ordinance applicable to this Agreement, 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
Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further payments under the
Agreement until all work called for has been fully performed. Any extra cost or damage to the County
resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The
Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage
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sustained, or which may be sustained by the County by reason of such default.
If a 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.
14. Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole
discretion that such termination is in the best interests of the County. Whenever the Agreement 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. In the event of such termination, an equitable adjustment
shall be made in the compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will be made, but such
adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work.
Termination of this Agreement by the County at any time during the term, whether for default or
convenience, shall not constitute a breach of contract by the County.
15. Termination Due to Change in Funding. If the funds upon which the County relied to establish any
Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on
such funding, the County may terminate this Agreement by providing at least fifteen (15) calendar days
written notice to the County. The termination shall be effective on the date specified in the notice of
termination.
16. Defense & Indemnity Agreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured’s,
appointed and elective officers, agents and employees, from and against all loss or expense, including but not
limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon
the County, its Additional Insured’s, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person
or persons and on account of damage to property including loss of use thereof, whether such injury to persons
or damage to property is due to the negligence of the Contractor, its sub-Contractors, its elected officers,
employees or their agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its Additional Insured’s, appointed or elected officials, agents, or employees. It is
further provided that no liability shall attach to the County by reason of entering into this contract, except as
expressly provided herein.
17. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its Additional
Insured’s, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the
Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the
obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by
or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
18. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms
of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of
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Professional Services Agreement
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Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of
Washington.
19. Withholding Payment:
In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this
Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all
monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise
adjudicated.
20. Future Non-Allocation of Funds:
If sufficient funds are not appropriated or allocated for payment under this Agreement 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.
21. Contractor Commitments, Warranties and Representations:
The Contractor represents and warrants to the County as follows:
a. The Contractor is duly incorporated, validly existing and in good standing under the laws of
the State of Washington, and has all requisite corporate power and authority to enter into
and to perform its obligations under this Agreement.
b. The Contractor has the authority to execute this Agreement, to make the representations
and warranties set forth in it and to perform the obligations of the Contractor under this
Agreement in accordance with its terms.
c. The Contractor is a qualified service provider and is authorized to provide consumer
services and additional consumer services.
d. This Agreement has been validly executed by an authorized representative of the
Contractor and constitutes a valid and legally binding and enforceable obligation of
Contractor.
e. The Contractor has or will obtain prior to the commencement date such licenses, permits
and other authorizations from federal, state and other governmental authorities, as are
necessary for the performance of its obligations under this Agreement.
f. The Contractor is not in violation of any applicable law, ordinance or regulation the
consequence of which will or may materially affect Contractor's ability to perform its
obligations under this Agreement. The Contractor is not subject to any order or judgment
of any court, tribunal or governmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform its obligations
under this Agreement.
g. None of the representations or warranties in this Agreement, and none of the documents,
statements, certificates or schedules furnished or to be furnished by Contractor pursuant
hereto or in connection with the performance of the obligations contemplated under this
Agreement, contains or will contain any untrue statement of a material fact or omits or
will omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
22. 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 supplied by the Contractor
infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such
claims that are finally awarded against the County in any action. Such defense and payments are conditioned
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upon the following:
22.1 Contractor shall be notified promptly in writing by County of any notice of such claim.
22.2 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.
23. Disputes:
23.1 General
Differences between the Contractor and the County, arising under and by virtue of the
Agreement Documents shall be brought to the attention of the County at the earliest possible
time in order that such matters may be settled or other appropriate action promptly taken.
Except for such objections as are made of record in the manner hereinafter specified and
within the time limits stated, the records, orders, instructions, and decisions of the Kittitas
County Commissioners shall be final and conclusive.
23.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the County, or (2) the
happening of any event or occurrence, unless the Contractor has given the County a written
Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or
event giving rise to the claim, and before final payment by the County. The written Notice of
Potential Claim shall set forth the reasons for which the Contractor believes additional
compensation or extension of time is due, the nature of the cost involved, and insofar as
possible, the amount of the potential claim. Contractor shall keep full and complete daily
records of the work performed, labor and material used, and all costs and additional time
claimed to be additional.
23.3 Detailed Claim
The Contractor shall not be entitled to claim any such additional compensation, or extension
of time, unless within thirty (30) days of the completion of the portion of the work from which
the claim arose, and before final payment by the County, the Contractor has given the County
a detailed written statement of each element of cost or other compensation requested and of
all elements of additional time required, and copies of any supporting documents evidencing
the amount or extension of time claimed to be due.
24. Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor and/or its
consultants or sub-Contractors, in connection with performance of this Agreement shall be the sole and
absolute property of the County and/or DSHS.
25. Confidentiality:
The Contractor, its employees, Sub-Contractors, and their employees shall maintain the confidentiality of all
information provided by the County or DSHS or acquired by the Contractor in performance of this Agreement,
except: 1) as provided below, 2) upon the prior written consent of the Kittitas County Prosecuting Attorney; or
3) upon an order entered by a court after having acquired jurisdiction over the County. Contractor shall
immediately give to the County notice of any judicial proceedings seeking disclosure of such information.
Contractor shall indemnify and hold harmless the County, its Additional Insured’s, officials, agents or
employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys'
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fees and costs resulting from Contractor’s breach of this provision.
25.1 The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Agreement for any purpose that is not directly
connected with the performance of the services contemplated hereunder, except:
25.1.1 As provided by law; or
25.1.2 In the case of Personal Information, as provided by law or with the prior written
consent of the person or personal representative of the person who is the subject of
the Personal information.
25.2 The Contractor shall protect and maintain all Confidential Information gained by reason of
this Agreement against unauthorized use, access, disclosure, modification or loss. This duty
requires the Contractor to employ reasonable security measures, which include restricting
access to the Confidential Information by:
25.2.1 Allowing access only to staff that have an authorized business requirement to view
the confidential information.
25.2.2 Physically securing any computers, documents, or other media containing the
Confidential Information.
25.2.3 Ensure the security of Confidential Information transmitted via fax (facsimile) by
verifying the recipient phone number to prevent accidental transmittal of
Confidential Information to unauthorized persons.
25.2.4 When transporting six (6) to one hundred forty nine (149) records containing
Confidential Information outside a Secure Area, do one or more of the following as
appropriate:
25.2.4(1) Use a Trusted System
25.2.4(2) Encrypt the Confidential Information, including:
25.2.4(2)(i) Email and/or email attachments.
25.2.4(2)(ii) Confidential Information when it is stored on portable
devices or media, including but not limited to laptop computers and
flash memory devices.
25.2.5 When transporting one hundred fifty (150) records or more containing Confidential
Information outside a Secure Area refer to the requirements in Attachment D, Exhibit
A: Data Security Requirements.
25.2.6 Send paper documents containing Confidential Information via a Trusted System
25.3 To the extent allowed by law, at the end of the Agreement term, or when no longer needed,
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the parties shall return Confidential Information or certify in writing the destruction of
Confidential Information upon written request by the other party.
25.4 Paper documents with Confidential Information may be recycled through a contracted firm,
provided the contract with the recycler specifies that the confidentiality of the information
will be protected, and the information destroyed through the recycling process. Paper
documents containing Confidential Information requiring special handling (e.g. protected
health information) must be destroyed through shredding, pulping or incineration.
25.5 The compromise of potential compromise of Confidential Information must be reported to
the County within one (1) business day of discovery. The parties must also take actions to
mitigate the risk of loss and comply with any notification or other requirements imposed by
law.
26. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of
process, notice shall be given by the Contractor to the department head of the department for whom services
are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926.
Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the
signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid.
27. Severability:
If any term or condition of this Agreement 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 Agreement are
declared severable.
28. Miscellaneous:
28.1 The County’s failure or delay to insist upon strict performance of any of the provisions of this
Agreement or to exercise any rights or remedies under this Agreement shall not be construed
as a waiver or relinquishment to any extent of its right to assert or rely upon any such
provisions, rights or remedies in that or any other instance; rather the same shall be and
remain in full force and effect.
28.2 This Agreement embodies the entire Agreement between the County and Contractor, and
supersedes any and all prior agreements, regarding the Work. No change, amendment or
modification of any provisions of this Agreement shall be valid unless set forth in a written
instrument signed by the party to be bound thereby.
28.3 The rights and remedies of the County set forth in any provision of this Agreement are in
addition to and do not in any way limit any other rights of remedies afforded to the County by
any other provisions of this Agreement, by any of Contractor’s Support or by law.
28.4 The headings of sections and paragraphs of this Agreement are for convenience of
reference only and are not intended to restrict, affect or be of any weight in the
interpretation or construction of the provisions of such sections or paragraphs.
29. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent
breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by
an instrument, in writing, signed by the parties hereto.
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30. Survival:
The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 29, 31, and 32, shall
survive, notwithstanding the termination or invalidity of this Agreement for any reason.
31. Nondiscrimination:
31.1 The County is an equal opportunity employer.
31.2 Nondiscrimination in Employment
In the performance of this Agreement, the Contractor will not discriminate against any
employee or applicant for employment on the grounds of race, creed, color, national
origin, sex, sexual orientation, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents
the proper performance of the particular worker involved. The Contractor shall ensure
that applicants are employed, and that employees are treated during employment
without discrimination because of their race, creed, color, national origin, sex, sexual
orientation, marital status, age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not be limited to: employment, upgrading,
demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates
of pay or other forms of compensation, and programs for training including
apprenticeships. The Contractor shall take such action with respect to this Agreement
as may be required to ensure full compliance with local, state and federal laws
prohibiting discrimination in employment.
31.3 Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services or benefits
provided for in this Agreement on the grounds of race, creed, color, national origin, sex,
sexual orientation, marital status, age or the presence of any sensory, mental or physical
handicap.
31.4 If any assignment and/or subcontracting has been authorized by the County, said
assignment or subcontract shall include appropriate safeguards against discrimination.
The Contractor shall take such action as may be required to ensure full compliance
with the provisions in the immediately preceding paragraphs herein.
32. Prevailing Wage:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the
performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the
Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of
the Work is determined by the Industrial Statistician of the Department of Labor and Industries. It is the
Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the
Contractor is responsible for obtaining and completing all required government forms and submitting
same to the proper authorities.
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Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department
of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties
involved in the dispute as provided for by RCW 39.12.060.
33. Debarment Certification.
The Contractor certifies that it:
33.1 Is not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
33.2 Has not within a three-year period preceding the execution of this contract with Kittitas
County, been convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public or private agreement or transaction, violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving stolen property,
making false claims, or obstruction of justice.
33.3 Is not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph 33.2 of this section.
33.4 Has not within a three-year period preceding the preceding the execution of this contract
with Kittitas County had one or more public transactions (Federal, State, or local)
terminated for cause of default.
34. Treatment of Client Property. The Contractor shall ensure that any adult client receiving services from
the Contractor under this Agreement has unrestricted access to the client’s personal property. The
Contractor shall not interfere with any adult client’s ownership, possession, or use of the client’s property.
The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal
property that is appropriate to the client’s age, development, and needs. Upon termination or completion
of the Agreement, the Contractor shall promptly release to the client and/or the client’s guardian or
custodian all of the client’s personal property. This section does not prohibit the Contractor from
implementing such lawful and reasonable policies, procedures and practices as the Contractor deems
necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting
clients’ access to, or possession or use of, lawful or unlawful weapons and drugs).
35. Title to Property. Title to all property furnished or purchased by the County for use by the Contractor
during the term of this Agreement shall remain with the County. Title to all property purchased or
furnished by the Contractor for which the Contractor is entitled to reimbursement by the county under
this Agreement shall pass to and vest in the County. The Contractor shall take reasonable steps to protect
and maintain all County property in its possession against loss or damage and shall return County property
to the County upon termination or expiration of this Agreement pursuant to which it was purchased or
furnished, reasonable wear and tear excepted.
36. Subrecipient Requirements.
36.1 General. If the Contractor is a subrecipient of federal awards as defined by Office of
Management and Budget (OMB) Circular A-133, the Contractor shall:
(1) Maintain records that identify, in its accounts, all federal awards received and
expended and the federal programs under which they were received, by Catalog of Federal
Domestic Assistance (CFDA) title and number, award number and year, name of the
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federal agency, and name of the pass-through entity;
(2) Maintain internal controls that provide reasonable assurance that the County is
managing federal awards in compliance with laws, regulations, and provisions of contracts
or grant agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of
federal awards;
(4) Incorporate OMB Circular A-133 audit requirements into all agreements between the
Contractor and its Subcontractors who are subrecipients;
(5) Comply with any future amendments to OMB Circular A-133 and any successor or
replacement circular or regulation;
(6) Comply with the applicable requirements of either 2 CFR Part 225 (OMB Circular A-87)
or 2 CFR Part 230 (OMB Circular A-122), and any successor or replacement circular or
regulation as applicable; and
(7) Comply with the Omnibus Crime Control and Safe Streets Act of 1968; Title VI of the
Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Title II of the
Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972; The
Age Discrimination Act of 1975; and The Department of Justice Non-Discrimination
Regulations at 28 CFR Part 42, Subparts C. D, E, and G, and 28 CFR Parts 35 and 39. (See
http://www.ojp.usdoj.gov/about/offices/ocr.htm for additional information and access to
the aforementioned federal laws and regulations.)
36.2 Single Audit Act Compliance. If the Contractor is a sub recipient and expends $500,000 or
more in federal awards from all sources in any fiscal year, the County shall procure and pay for a
single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the County contact person, listed on the first page of the Program
Agreement, the data collection form and reporting package specified in OMB Circular A-
133, reports required by the program-specific audit guide (if applicable), and a copy of any
management letters issued by the auditor; and
(2) Follow-up and develop corrective action for all audit findings, in accordance with OMB
Circular A-133, and prepare a “Summary Schedule of Prior Audit Findings.”
36.3 Other Audit. If the Contractor is not subject to an OMB Circular A-133 audit, the Contractor
shall provide to the County a CPA audit or CPA review within 180 days of the subcontractor’s fiscal
year end. The scope of the audit or review shall include the entire operation and related legal
entity, be in accordance with Generally Accepted Accounting Principles (GAAP), and include a
management letter that addresses any audit findings.
36.4 Overpayments. If it is determined by the County, or by DSHS, or by an auditor during the
course of a required audit, that the Contractor has been paid unallowable costs under any
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applicable Program Agreement, DSHS or the County may require the Contractor to reimburse
DSHS in accordance with either 2 CFR Part 225 (OMB Circular A-87) or 2 CFR Part 230 (OMB
Circular A-122), as applicable.
37. Order of Precedence. In the event of an inconsistency in this Agreement and any Attachments, unless
otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following
order, to:
37.1 Applicable federal and State of Washington statutes and regulations;
37.2 DSHS and County Agreement on Special Terms and Conditions (Incorporated by reference in
Attachment D);
37.3 Attachment D: DSHS and County Program Agreement on DDA County Services;
37.4 This Agreement.
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ATTACHMENT "A"
SCOPE OF WORK
In addition to providing all material and labor, the Contractor shall perform the following:
1. Client Eligibility: Client eligibility and service referral are the responsibility of the DDA in line with
Chapter 388-823 WAC (Eligibility) and WAC 388-825 (Service Rules). Only persons referred by the DDA
shall be eligible for direct client services under the attached Program Agreement. It is the DDA’s
responsibility to determine and authorize the appropriate direct service(s) type. Direct client services
provided by Contractor or subcontractors or providers without authorization by DDA are not
reimbursable under this Agreement.
2. Client Rights. The Contractor shall:
• Ensure that a statement of Client Rights are posted in compliance with Section 388-850-050
WAC; and
• Ensure that Client rights and client health and safety are protected in compliance with Section
388-850-040 WAC and DDA Policy 5.06: Client Rights.
3. Credentials and Minimum Requirements. Contractor shall ensure that Contractor meets the following
requirements:
1. Fiscally Responsible. The Contractor must demonstrate the ability to safeguard public funds
including maintaining books, records, documents and other materials relevant to the provision of
goods and services.
2. Sufficient Policies and Procedures: Establish and maintain adequate internal control systems. The
Contractor will maintain written policy procedural manuals for information systems, personnel,
and accounting/finance in sufficient detail such that operations can continue should staffing
change or absences occur.
3. Background / Criminal History Check: Contractor shall conduct background criminal history checks
every three years for all employees, subcontractors, and/or volunteers who may have
unsupervised access to vulnerable DSHS clients, in accordance with RCW 43.43.830-845, RCW
74.15.030, and Chapter 388.06 WAC. If the Contractor or the entity reviewing the application
elects to hire or retain an individual after receiving notice that the applicant has a conviction for an
offense that would disqualify the applicant from having unsupervised access to vulnerable adults
as defined in Chapter 74.34 RCW, then DDA shall deny payment for any subsequent services
rendered by the disqualified individual provider. The DSHS Background Check Central Unit (BCCU)
shall be utilized to obtain background clearance. The Contractor shall annually and upon request
provide copies of all such checks.
4. Qualified Service Providers: The Contractor shall meet all service providers qualifications as
outlined in the DDA Policy 6.13, Program Provider Qualification during the effective dates of this
Agreement.
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5. Home and Community Based Waiver Services Assignment of Medicaid Billing Rights: The
Contractor agrees to assign to the County its Medicaid billing rights for services to DDA clients
eligible under Title XIX programs in this agreement. Written documentation shall be available to
DSHS on request.
6. Reporting Abuse and Neglect: Contractor’s staff are mandated reporters under RCW 74.34.020,
and must comply with reporting requirements described in RCW 74.34.035 and 040 RCW and
26.44 RCW. If the County is notified by DSHS that Contractor is cited or on the registry for a
substantiated finding then associated staff will be prohibited from providing services under this
Agreement.
7. Contractor recognizes that the County staff must perform on-site evaluations of Contractor work
sites and promptly report findings from such evaluations to DSHS under the attached Program
Agreement. The evaluation will have a Quality Assurance and a Quality Improvement component
and will include objective measures to comply with DDA Criteria and Service Agreement.
Contractor shall provide full assistance with any such inspection and does hereby waive any cause
of action against the County, its officers or staff for any action associated with such evaluations or
reporting.
4. Statement of Work
A. The Contractor shall:
1. Work with the DDA Region when individuals are referred for services;
2. Work with the DDA Region to document planned services in the Individual’s Support Plan;
3. Assist with informing the Region of any potential service level changes not documented in
the individual’s DD Assessment prior to any changes;
4. Work with the DDA Region regarding service termination;
5. Work with the County on Spending Plan adjustments;
6. Inform the DDA Region of new providers to be included on the CMIS system; and
7. Upon written request from the DDA Region or the County, the Contractor shall provide a
copy of each subcontractor’s contract.
B. Compliance with BARS Policies: The Contractor shall take any necessary and reasonable steps to
comply with the currently effective DDA BARS Supplemental manual incorporated by reference
herein.
C. The Contractor shall comply with the following referenced documents found at DDA Internet site
https://www.dshs.wa.gov/dda/county-best-practices:
DDA Policy 4.11, County Services for Working Age Adults;
WAC 388-850-025, WAC 388-845-0001, 0030, 0205, 0210, 0215, 0220, 0600-0610, 1200-1210,
1400-1410, 2100, 2110;
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Criteria for Evaluation;
County Guidelines; and
Disability Rights of Washington (formerly Washington Protection and Advocacy System) Access
Agreement.
D. Qualified Employment and Day Program Service Providers for consumer support services shall include
the following program outcomes:
(1) Monthly Community Access service support hours will be based on the Client’s community
access service level per WAC 388-828-9310 for all Clients who began receiving community
access services July 1, 2011 and forward.
(a) To ensure health and safety, promote positive image and relationships in the community,
increase competence and individualized skill-building, and achieve other expected
benefits of Community Access, services will occur individually or in a group of no more
than two (2) or three (3) individuals with similar interests and needs.
(b) Community Access services will focus on activities that are typically experienced by the
general public. Support to participate in segregated activities and/or specialized
activities will not be reimbursed.
(c) A Client receiving Community Access services will not receive employment support
simultaneously.
(d) A Client receiving Community Access services may at any time choose to leave
Community Access to pursue work and receive employment support.
(2) Clients in an employment program will be supported to work towards a living wage. A living
wage is the amount needed to enable an individual to meet or exceed his/her living
expenses. Clients should average twenty (20) hours of community work per week or eighty-
six (86) hours per month. The amount of service a Client receives will be based on his/her
demonstrated need, acuity level and work history per WAC 388-828.
(3) Prior to beginning service or prior to an expected change in service, the provider will clearly
communicate to the Client and the County the maximum service hours per month the Client
can expect to receive. Service changes will not occur until the Client has received proper
notification from DDA.
(a) The Client’s DDA ISP is the driver for service. The CMIS County Service Authorization and
updated Planned Rates information will not exceed the Client’s DDA ISP.
(b) The amount of service the Client receives should match with the CMIS County Service
Authorization and updated Planned Rates information.
(4) All Clients will have an individualized plan to identify Client’s preferences. Minimum plan
elements are outlined in the reference document “Criteria for an Evaluation.” A copy of the
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Client’s individualized plan will be provided to their CRM, guardian and others as
appropriate.
(5) Semi-annual progress reports that describe the outcomes of activities will be provided by the
provider to the County and the CRM, guardian and others as appropriate. The report will
summarize the progress made towards the Client’s individualized goals.
(6) All Clients will be contacted by their service provider according to Client need and at least
once per month.
(7) If Clients in Individual Employment, Group Supported Employment, or Prevocational services
have not obtained paid employment at minimum wage or better within six (6) months, the
County will assure the following steps are taken:
(a) Review the progress toward employment goals;
(b) Provide evidence of consultation with the family/Client; and
(c) Develop additional strategies with the family/Client, county staff, employment support
staff and the case manager. Strategies may include providing technical assistance,
changing to a new provider, and/or providing additional resources as needed to support
the individual’s pursuit of employment. The additional strategies will be documented for
each Client and kept in the Client’s file(s).
(8) If after twelve (12) months the Client remains unemployed, an additional review will be
conducted. The provider will address steps outlined in the previous six month progress
report in the next six month progress report. The Client may request to participate in
Community Access activities or the Client may choose to remain in an employment program.
When requesting to participate in Community Access services, the Client shall communicate
directly with his or her DDA Case Manager. The DDA Case Manager is responsible for
authorizing Community Access services.
(9) For Individual Employment where the service provider is also the Client’s employer long term
funding will remain available to the service provider / employer for six (6) months after the
employee / DDA Client’s date of hire. At the end of the six month period, if the DDA Client
continues to need support on the job, another service provider who is not the employer of
record must provide the support unless the County issues prior written approval for the
service provider to continue to provide long-term supports if needed.
(10) For Group Supported Employment, Clients must have paid work or paid training. The total
number of direct service staff hours provided to the group should be equal to or greater
than the group’s collective amount of individual support monthly base hours. If the direct
service staff hours are less than the collective amount, then the provider will be reimbursed
only for the number of hours staff actually provided.
(11) For Prevocational services, Clients will receive training and skill development in groups as
well as individual support in the community. The total number of direct service staff hours
provided to the group should be equal to or greater than the group’s collective amount of
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individual support monthly base hours. If the direct service staff hours are less than the
collective amount, then the provider will be reimbursed only for the number of hours staff
actually provided.
(12) Employment and day services must adhere to the Home and Community Based settings
(HCBS) requirements of 42CFR 441 530(a)(1), including that:
(a) The setting 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.
5. Quality Assurance & Evaluation.
a. Service Review and Evaluation System: Contractor shall develop and have available for review an
evaluation system to review subcontractors of indirect services. The evaluation system will
incorporate Quality Assurance items as defined and Quality Improvement measures. A copy of
such evaluation system shall be provided upon request to the DDA for review and approval.
b. County On-Site Evaluation and Review: The County shall evaluate and review services delivered
to reasonably assure compliance and quality. The County shall conduct at least one on-site visit
to each subcontractor during the biennium. The County shall maintain written documentation
of all evaluations, recommendations and corrective action plans for each subcontractor, and
reviews of on-site visits. Copies of such documentation will be provided to the DDA Office upon
request.
6. Single State Medicaid Agency—DSHS. DSHS, as the single state Medicaid Agency, has administrative
authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR
431.10. Contractor only has responsibility for services covered in this agreement.
7. DSHS/DRW Access Agreement: The DRW February 27, 2001 Access Agreement with the DDA is
incorporated by reference. Contractor assures that it and its subcontractors have reviewed the Access
Agreement. The agreement covers DRW’s access to individuals with developmental disabilities,
clients, programs and records, outreach activities, authority to investigate allegations of abuse and
neglect, other miscellaneous matters, and is binding for all providers of DDA contracted services.
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8. CMIS Data System. The Contractor shall use the CMIS data system for all billing requests, service
provider address and phone number maintenance, evaluation dates and to provide employment outcome
information. The Contractor shall:
1. Monthly provide all data described in the Billing Instructions and in the Employment Outcomes
Instructions incorporated by reference.
2. Assure integrity of data submitted to state. When data is submitted and rejected due to errors
or later an error is identified, Contractor will correct and resubmit within thirty (30) days
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ATTACHMENT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation
as described below:
1. Consideration
• Approval of Fees — DDA Responsibility: The DDA Region shall approve fees/rates being provided.
The rate schedule (Attachment E) should align to a client’s demonstrated acuity level. The County,
on behalf of the Contractor, will submit a fee/rate schedule with the initial County Program
Agreement (Attachment D). The County will submit on behalf of the Contractor an updated
fee/rate schedules to the DDA Region for approval as changes occur.
• Attachment D – Budget: Budget amount listed in Attachment D – Contractor may not exceed the
state revenue dollar amount or the total revenue dollar amount indicated on the Budget attached
to the Program Agreement Attachment D).
2. Billing and Payment
a. County Program Agreement Budget: The County shall pay Contractor all allowable costs (with the
exception in Section 2e of this Attachment), as defined in the current DDA Budget Accounting and
Reporting System (BARS) Manual Supplement. Reimbursement for Fiscal Year (FY) costs shall not
exceed the revenue for each of the FY’s revenues listed in Attachment D: Exhibit B to a total
maximum amount of $$$$$. However, with a program agreement amendment, the parties may
increase or decrease the program agreement amount.
b. Monthly Invoices with Documentation: All requests for reimbursement by Contractor for
performance hereunder must be submitted in a manner designated by the County.
c. Reimbursement of client services. A claim for each individual is made on the CMIS system
documents by indicating the number of service units delivered to each individual listed and the
fee per unit. A unit is defined as:
An “Hour” is at least fifty (50) minutes of direct service. Partial hour to the quarter may
be recorded; or
A “Day” is at least four (4) hours of direct service and will only be used in connection
with Adult Day Care reimbursement; or
A "Month" represents a defined tier rate which is documented range of service hours
that correlate to a specific reimbursement for a month.
d. Administration: The County will provide program administration. Administrative costs will not
exceed those amounts designated for administration in Attachment D: Exhibit B.
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e. Contractor’s billing must not exceed the allowable costs as provided in Section 2a of this
Attachment. Contractor agrees to bill only for services provided and further agrees that such
payments shall be full consideration for those services and the administrative duties required by
this contract.
f. Timeliness of and Modification to Billings: All initial invoices with documentation must be received
by the DDA Region within sixty (60) calendar days following the last day of the month in which the
service is provided. Corrected invoices and documentation will be accepted throughout the fiscal
year as long as they are received within sixty (60) calendar days of the associated fiscal year unless
an extension is approved by the DDA Regional Administrator or designee. Contractor shall provide
all initial invoices to the County to submit to the DDA Region. Payment will not be made on any
invoice submitted past the 60 calendar days of the contract fiscal year.
g. Contractor’s compensation under this agreement shall be limited to money’s as provided in
Section 2a of this Attachment. If the County does not receive payment for any reason, it shall not
be obligated to provide other funds and Contractor agrees that it will not receive payment.
Contractor agrees to assist as needed to ensure that payment is received from DDA.
3. Duplicative Funding. It is an expectation that all Clients access DVR funding as a resource. Client
services shall not be reimbursed under this Agreement when the same services are paid for under the
Rehabilitation Act of 1973 by DVR, Public Law 94-142, or any other source of public or private
funding.
4. Recovery of Fees: If Contractor bills and is paid fees for services that DSHS or the County later finds
were (a) not delivered or (b) not delivered in accordance with applicable standards, DSHS or the
County shall recover the fees for those services and Contractor shall fully cooperate during the
recovery.
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ATTACHMENT "C"
Proof of Insurance
The Contractor shall secure and maintain in effect at all times during performance of the Work such
insurance as will protect Contractor, its Support and the Additional Insured’s from all claims, losses, harm,
costs, liabilities, damages and expenses arising out of personal injury (including death) or property
damage that may result from performance of the work or this Agreement, whether such performance is
by Contractor or any of its Support.
A copy of the additional insured endorsement must be submitted prior to entering into the
contract so that the County may ensure that all insurance provided is occurrence-based,
primary and non-contributory.
All insurance shall be issued by companies admitted to do business in the State of Washington and have a
rating of A-, Class VII or better in the most recently published edition of Best’s Reports unless otherwise
approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing
the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
1) Commercial General Liability Insurance.
Coverage limits not less than:
o $1,000,000 per occurrence per project
o $3,000,000 project aggregate
o $1,000,000 products & completed operations aggregate
o $1,000,000 personal and advertising injury, each offense
Certificate Holder – Kittitas County
The Certificate must name the County as additional insured as defined in the Agreement
All insurance provided in compliance with this Agreement shall be primary and non-
contributory as to any other insurance or self-insurance programs afforded to or
maintained by the County.
Sixty (60) days written notice to the County of cancellation of the insurance policy.
2) Stop Gap/Employers Liability.
Coverage limits not less than:
$1,000,000 each accident
$1,000,000 disease – policy limit
$1,000,000 disease – each employee
Thirty (30) days written notice to the County of cancellation of the insurance policy.
3) Commercial Automobile Liability Insurance.
Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90
endorsement and a CA 9946 endorsement attached if ‘pollutants’ are to be transported.
Coverage limits not less than:
o $1,000,000 combined single limit
Thirty (30) days written notice to the County of cancellation of the insurance policy.
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4) Workers’ Compensation.
Workers’ Compensation in amounts required by law.
7) Professional Liability
Professional Liability Insurance covering professional errors and omissions. Such policy
must provide the following minimum limits:
o $1,000,000 per occurrence
o $3,000,000 project aggregate
If insurance is on a claims-made form, its retroactive date, and that of all subsequent
renewals, shall be no later than the effective date of this Agreement.
Sixty (60) days written notice to the County of cancellation of the insurance policy.
Contractor shall furnish the County a certificate of insurance with Endorsement as evidence that policies
providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all
rights of recourse, including any right to which another may be subrogated, against Kittitas County for
personal injury, including death, and property damage. Contractor’s insurance policies required above
shall be primary insurance and shall be non-contributing with any other insurance maintained by Kittitas
County.
The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are
obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement,
properly completed and in the amount required, is attached hereto.