HomeMy WebLinkAboutEntrust 2021-2022 Provisional Contract
Professional Services Provisional Agreement
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PROFESSIONAL SERVICES PROVISIONAL AGREEMENT
This Provisional Agreement is made by and between Kittitas County (hereinafter “the
County”) and Entrust Community Services (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
Provisional Agreement between County and DSHS for Developmental
Disabilities County Services, including Exhibits A and B, which incorporates
the DSHS and County Provisional 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 Provisional Agreement shall commence on the July 1, 2021 and
continue until June 30, 2022, unless terminated earlier as provided herein. Any party may
terminate this Provisional 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 Provisional Agreement agrees that the
Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes),
15 (Defense and Indemnity Provisional Agreement), 22 (Patent/Copyright Infringement) and
25 (Confidentiality), are totally and fully part of this Provisional Agreement and have been
mutually negotiated by the parties.
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IN WITNESS WHEREOF, the parties have executed this Provisional Agreement this
____ day of ________________, 2021.
APPROVED:
ENTRUST COMMUNITY SERVICES BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
___________________________ ______________________________
Signature of Signatory Brett Wachsmith, Chairman
(Date __________)
________________________ ______________________________
Print Name of Signatory Laura Osiadacz, Vice-Chairman
______________________________
Cory Wright, Commissioner
Attest:
___________________________
Clerk of the Board
Contractor Address: County’s Address:
Entrust Community Services Kittitas County
PO Box 9727 205 West 5th Avenue, Suite 108
Yakima, WA 98909-0727 Ellensburg, WA 98926
Project Contact: Project Contact:
Tom Gaulke Kasey Knutson
Chief Executive Director County Coordinator
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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 Provisional Agreement period. No material,
labor, or facilities will be furnished by the County, unless otherwise provided for in the
Provisional Agreement.
This Provisional 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 Provisional Agreement includes statements of the Developmental
Disabilities Administration within DSHS (hereinafter “DDA”) responsibilities from the
attached Program Provisional Agreement despite DDA not being a party to this
Provisional Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the provisions
of this Provisional Agreement. All work shall comply with applicable laws, codes ordinances
and Provisional 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 Provisional 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 Provisional 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 Provisional Agreement.
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4.4 The “Work” means all of the duties listed in Attachment “A” and the
performance of all other obligations, under this Provisional Agreement by
Contractor or its Support.
4.5 All definitions listed in Attachment D, Section 1 are incorporated by reference
into this Provisional Agreement, with the exception of “Subcontractor”.
5. Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Provisional 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 Provisional 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 Provisional 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 Provisional
Agreement.
6.2 Any assignments of indirect services entered into by Contractor shall
ensure that all applicable terms and conditions of this Provisional
Agreement will be met. Contractor remains responsible for all work
performance as detailed in this Provisional 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 Provisional Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Provisional Agreement
is specified in Attachment "B" and the Contractor is not entitled to any County benefits
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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 Provisional 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 Provisional 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 Provisional 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 Provisional 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
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pertinent to the Provisional Agreement and its performance, and any and all
communications with or evaluation by service recipients under this Provisional Agreement.
The Contractor shall preserve and maintain all financial records and records relating to the
performance of work under this Provisional 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 Provisional Agreement, Contractor shall
maintain records that are sufficient to:
i) Document the performance of all acts required by law,
regulation, or this Provisional 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 Provisional Agreement;
iii) Ascertain that personnel policies, procedures and practices are
in compliance with this Provisional Agreement; and
v) Ascertain that all taxes and insurance required by State and
Federal law and this Provisional 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 Provisional 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:
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12.1 Either party may request changes in the Provisional 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
Provisional 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 Provisional
Agreement, including compliance with section 4a “scope of work” by the required timeframe,
violating any law, regulation, rule or ordinance applicable to this Provisional 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 Provisional
Agreement, and at the County's option, obtain performance of the work elsewhere. If the
Provisional Agreement is terminated for default, the Contractor shall not be entitled to
receive any further payments under the Provisional 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
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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 Provisional 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 Provisional 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 Provisional 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 Provisional Agreement are withdrawn, reduced or limited, or if
additional or modified conditions are placed on such funding, the County may terminate this
Provisional 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 Provisional 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 Provisional Agreement and as to claims against the
County, its Additional Insured’s, officers, agents and employees, the Contractor expressly
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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 Provisional 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 Provisional 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 Provisional 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
Provisional 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 Provisional Agreement within the time set forth in this Provisional
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 Provisional
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
Provisional Agreement.
21.2 The Contractor has the authority to execute this Provisional Agreement, to
make the representations and warranties set forth in it and to perform the
obligations of the Contractor under this Provisional 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 Provisional 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 Provisional Agreement.
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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 Provisional
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 Provisional Agreement.
21.7 None of the representations or warranties in this Provisional 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 Provisional 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 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 Provisional 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
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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 Provisional
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 Provisional 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 Provisional 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.
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25.2 The Contractor shall protect and maintain all Confidential Information gained
by reason of this Provisional 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 Provisional 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.
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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 Provisional Agreement, for all purposes under this
Provisional 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 Provisional 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 Provisional 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 Provisional 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 Provisional Agreement or to exercise any rights or remedies
under this Provisional 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 Provisional Agreement embodies the entire Provisional Agreement
between the County and Contractor, and supersedes any and all prior
Provisional Agreements, regarding the Work. No change, amendment or
modification of any provisions of this Provisional 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
Provisional Agreement are in addition to and do not in any way limit any other
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rights of remedies afforded to the County by any other provisions of this
Provisional Agreement, by any of Contractor’s Support or by law.
28.4 The headings of sections and paragraphs of this Provisional 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 Provisional Agreement shall not be deemed a
waiver of any prior or subsequent breach. No terms or conditions of this Provisional
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 Provisional
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 Provisional 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 Provisional Agreement as may be required to ensure full
compliance with local, state and federal laws prohibiting
discrimination in employment.
31.3 Nondiscrimination in Services
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The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Provisional 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.
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
Provisional 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.
Professional Services Provisional Agreement
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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 Provisional 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 Provisional 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 Provisional 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 Provisional 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
Provisional 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 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 Provisional Agreements that could
have a material effect on each of its federal programs;
Professional Services Provisional Agreement
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(3) Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
(4) Incorporate OMB Circular A-133 audit requirements into all Provisional
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;
(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 Provisional 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
Professional Services Provisional Agreement
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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 Provisional 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 Provisional
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 Provisional Agreement on Special Terms and Conditions
(Incorporated by reference in Attachment D);
37.3 Attachment D: DSHS and County Program Provisional Agreement on DDA
County Services;
37.4 This Provisional Agreement.
Professional Services Provisional 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 Provisional 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 Provisional
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
Professional Services Provisional Agreement
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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
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
Provisional Agreement. Written documentation shall be available to DSHS on
request.
f. 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 Provisional 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 Provisional 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
Provisional 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. Address provisional contract required items including the submission of missing
information from the 2021 on-site evaluation (deadline within 1 month of
provisional contract execution), notify all Kittitas County clients of the
provisional contract status (deadline within 1 week of provisional contract
execution), comply with an additional on-site evaluation in December of 2021;
Professional Services Provisional Agreement
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b. 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) Upon written request from the DDA Region or the County, the Contractor
shall provide a copy of each subcontractor’s contract.
c. Compliance with BARS Policies: The Contractor shall take any necessary and
reasonable steps to comply with BARS.
d. 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 Provisional Agreement.
e. 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.
Professional Services Provisional Agreement
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(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.
(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
Professional Services Provisional Agreement
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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 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
Professional Services Provisional Agreement
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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;
(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 Provisional Agreement.
7. DSHS/DRW Access Provisional Agreement: The DRW February 27, 2001 Access Provisional Agreement with the DDA is incorporated by reference. Contractor assures that it and its subcontractors have reviewed the Access Provisional Agreement. The Provisional 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
Professional Services Provisional Agreement
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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
Professional Services Provisional Agreement
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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 Provisional
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 Provisional
Agreement Attachment D).
2. Billing and Payment
a. County Program Provisional 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 Provisional Agreement amendment, the
parties may increase or decrease the program Provisional 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
Professional Services Provisional Agreement
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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.
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 Provisional 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 Provisional 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.
Professional Services Provisional Agreement
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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 Provisional 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 Provisional Agreement
All insurance provided in compliance with this Provisional 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
Professional Services Provisional Agreement
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• $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:
• $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 Provisional 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 Provisional 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.
Professional Services Provisional Agreement
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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.
Professional Services Provisional Agreement
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ATTACHMENT "D"
Program Provisional Agreement between DSHS and the County for DDA County
Services
Professional Services Provisional Agreement
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ATTACHMENT "E"
Program Activity Level and Payment Rate Schedule
Kittitas County-Department of Developmental Disabilities
2021-2022 Contract Rate Schedule
Individual Employment (IE) $84.00 per service hour
Group Supported Employment (GSE) $72.00 per service hour
Community Inclusion (CA) $39.00 per service hour