HomeMy WebLinkAboutPSA between Elmview and KC 19-20Kittitas County
Review Form
AI I Ill AN {SII I V
Grants & Contract Agreement
Today's Date Agenda Date
8/29/2019
Fund/Department
116 -Public Health
Contract/Grant Information
Contract /Grant Agency: PSA between Elmview and Kittitas County (19-20)
Period Begin Date: July 1, 2019 Period End Date: June 30,2020
Total Grant/Contract Amount: Compensation shall be based on actual services provided and is subject to
funding. Only DDA approved services will be covered.
Grant/Contract Number: Elmview 19-20
Contract/Grant Summary:
The professional services agreement is to establish subcontracted employment and day services for
people with developmental disabilities in Kittitas County per the county's responsibilities as outlined in
attachments.
Recommendation for Board of Health and Board of Health Review on
Department Head Signature: Administrator Date:
Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment:
APPROVED AS TO FORM:
Signature of Prosecutor's Office Date
Signature of Auditor's Office
Signature of Board of Health member
Financial Information
Total Amount $TBD
Percentap,e Countv Funds
Date
Date
State Funds $TBD Federal Funds $
Matching Funds $ CFDA#
Grant/Contract Review Page 1
In -Kind $
Explain
Is Equipment being purchased? Who owns equipment?
New Personnel being hired? Contact HR hiring — reporting requirements
Future impacts or liability to Kittitas County:
Budget Information
Budget Amendment Needed? Yes ❑ attach budget form
New Division Created?
Revenue Code 105.568.334.04.68
Pass Through Information
Agency to Pass Through
Amount to Pass Through $
Sub -Contract Approved Date:
Prosecutor Review
Has the Prosecutor reviewed this agreement?
Countv Departments Impacted
No ® Why not
Included in 2019/2020 budget process
Yes ❑ No ❑
Submitted
Signature:
Department:
Assignment of Tracking Information
Auditor's Office i
Human Resource
Prosecutor's Office
Who Signed the grant application
Reviewer I Date
Grant/Contract Review Page 2
Auditor
Information Services
Facilities Maintenance
Human Resource
Prosecutor
Treasurer
Submitted
Signature:
Department:
Assignment of Tracking Information
Auditor's Office i
Human Resource
Prosecutor's Office
Who Signed the grant application
Reviewer I Date
Grant/Contract Review Page 2
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and Elmview (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, 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, 2019 and continue until
June 30, 2020. 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.
Professional Services Agreement
Page 1
IN WITNESS WHEREOF, the parties have executed this Agreement this
of , 2019.
APPROVED:
ELMVIEW BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Signature of Signatory
(Date, )
Print Name of Signatory
Contractor Address:
Elmview
204 East 6th Avenue
Ellensburg, WA 98926
Project Contact:
Bruce Tabb
Executive Director
Professional Services Agreement
Page 2
Cory Wright, Chairman
Brett Wachsmith, Vice -Chairman
Laura Osiadacz, Commissioner
Attest:
Clerk of the Board
County's Address:
Kittitas County
205 West 5th Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:
Kasey Knutson
County Coordinator
day
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.
Professional Services Agreement
Page 3
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 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 Subcontractin :
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 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
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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 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
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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:
i) Document the performance of all acts required by law,
regulation, or this Agreement;
ii) Substantiate Contractor's statement of its organization's
structure, tax status, capabilities, and performance;
iii) 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;
iii) Ascertain that personnel policies, procedures and practices are
in compliance with this Agreement; and
V) Ascertain that all taxes and insurance required by State and
Federal law and this Agreement were paid by Contractor.
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.
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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 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.
Professional Services Agreement
Page 7
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
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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 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:
21.1 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.
21.2 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.
21.3 The Contractor is a qualified service provider and is authorized to provide
consumer services and additional consumer services.
21.4 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.
21.5 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.
21.6 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
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or assets in the State of Washington, or its ability to perform its obligations
under this Agreement.
21.7 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. Pate nt/Copvright 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 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.
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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' 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
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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)(1) 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, 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
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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.
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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.
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
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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.
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
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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. 5ubrecipient 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 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 sub
recipients;
(5) Comply with any future amendments to OMB Circular A-133 and any
successor or replacement circular or regulation;
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(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 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.
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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 pursuant to Chapter 388-823 WAC (Eligibility) and chapter 388-825 WAC
(Service Rules). Only persons referred by DDA shall be eligible for direct Client
services under this Program Agreement. It is DDA's responsibility to determine and
authorize the appropriate direct service(s) type. Direct Client services provided
without authorization are not reimbursable under this Program Agreement.
2. Client Rights. The Contractor shall:
a. Ensure that a statement of Client Rights are posted in compliance with Section
388-850-050 WAC; and
b. 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.
c. Ensure protection from abuse: mandatory reporting per DDA Policy 5.13.
3. Credentials and Minimum Requirements.
Contractor shall ensure that Contractor meets the following requirements:
a. 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.
b. Sufficient Policies and Procedures for Establishment and Maintenance of
adequate internal control systems: The County 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.
c. Background/Criminal History Check: A background/criminal history clearance is
required every three years for all employees (including DD program County
staff), 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 WAC. If the entity reviewing the application elects
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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) must be utilized to obtain background clearance.
d. Qualified Service Providers: The Contractor assures that all service providers
meet qualifications as outlined in the DDA Policy 6.13, Program Provider
Qualifications.
e. 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 Program
Agreement. Written documentation shall be available to DSHS on request.
Reporting Abuse and Neglect: Contractor's staff, who are mandated reporters
under RCW 74.34.020 (13), 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 a subcontractor staff member is cited or on the registry for a
substantiated finding, then that associated staff will be prohibited from providing
services under this Program Agreement.
g. 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;
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(4) Work with the DDA Region regarding service termination;
(5) Work with the County on Spending Plan adjustments;
(6) 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 BARS.
c. The Contractor shall comply with the following referenced documents found at
DDA Internet site https://www.dshs.wa.gov/dda/county-best-practices:
(1) DDA Policy 4.11, County Services for Working Age Adults;
(2) WAC 388-850, WAC 388-828, WAC 388-845-0001, 0030, 0210, 0215,
0220, 0600-0610, 1030-1040, 1400-1410, 2100, 2110;
(3) Criteria for Evaluation;
(4) DDA Guiding Values;
(5) County Guide to Achieve Developmental Disability Administration's Guiding
Values;
(6) 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 Inclusion service support hours will be based on the
Client's Community Inclusion service level per WAC 388-828-9310 for all
Clients who began receiving Community Inclusion 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 Inclusion, 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 Inclusion 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.
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(c) A Client receiving Community Inclusion services will not receive
employment support simultaneously.
(d) A Client receiving Community Inclusion services may at any time
choose to leave Community Inclusion 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 PSCP is the driver for service. The CMIS County
Service Authorization and updated Planned Rates information will not
exceed the Client's DDA PSCP.
(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 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:
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(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 Inclusion activities or
the Client may choose to remain in an employment program. When
requesting to participate in Community Inclusion services, the Client shall
communicate directly with his or her DDA Case Manager. The DDA Case
Manager is responsible for authorizing Community Inclusion 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) 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;
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(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. 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.
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:
a. Monthly provide all data described in the Billing Instructions and in the
Employment Outcomes Instructions incorporated by reference.
b. 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
Compensation shall be based on actual services provided and is subject to funding. Only
DDA approved services will be covered.
1. Consideration
a. 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.
b. 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.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
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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.
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.
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:
• $1,000,000 per occurrence per project
• $3,000,000 project aggregate
• $1,000,000 products & completed operations aggregate
• $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 GaplEmployers Liabilit
• 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
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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:
• $1,000,000 combined single limit
• Thirty (30) days written notice to the County of cancellation
of the insurance policy.
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:
• $1,000,000 per occurrence
• $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 assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers
or contractors as well as to any temporary structures, scaffolding and protective fences.
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.
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ATTACHMENT "D"
Program Agreement between DSHS and the County for DDA County Services
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ATTACHMENT "E"
Program Activity Level and Payment Rate Schedule
Kittitas County -Department of Developmental Disabilities
2019-2020 Contract Rate Schedule
Individual Employment (IE) $75.00 per service hour
Group Supported Employment (GSE) $53.00 per service hour
Community Inclusion (CA) $35.00 per service hour
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