HomeMy WebLinkAboutAFS between KC and AtWork!KITTITAS COUNTY
AGREEMENT FOR SERVICES
PHMH25.OzL
This Agreement for Services (hereinafter "Agreement") is entered into by and between Kittitas County
(hereinafter "County"), a political subdivision of the State of Washington, and AtWork! (hereinafter "Contractor").
The purpose of this Agreement is as follows: To provide a coordinated and comprehensive state and local
program of services for persons with developmental disabilities in accordance with Revised Code of Washington
chapter 7IA.I4.
The term of this Agreement shall be from July !'t,2026, through June 30, 2027, unless the Agreement is
terminated early or its term is extended as provided herein.
The parties' addresses and points of contact for the administration of this Agreement are as follows:
COUNTY CONTRACTOR
This Agreement includes the following, which are attached hereto and hereby incorporated by this
reference:
Kittitas County Public Health
507 N. Nanum, Suite L02
Ellensburg, WA 98926
Project Contact:
Laurie Holt
Developmental Disabilities Administrative
Specialist
Human Services
Lau rie. holt@co. kittitas.wa.us
509-962-7515
Attachment "A":
Attachment "B":
Attachment "C":
Attachment "D":
Attachment "E":
Attachment "F":
Attachment "G":
AtWork!
1935 152nd Pl NE
Bellevue, WA 98007-4209
Project Contact:
Daniel Harting, Director
da n iel h 1@ atworkwa.org
Scope of Work
Compensation
lnsurance Requirements
General Terms and Conditions
Program agreement between DSHS and the county for DDCS services
DSHS/DRW Agreement
W-9 (Contractor must complete and return to the County for payment)
Kittitas County Agreement for Services (rev'5ha/25)1
Page 1 of 21
lN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties through their
authorized representatives, effective as of the latest date written below.
Kittitas County Agreement for Services (rev.5/7a/251
Page? of 2L
eIr,', J;/' 6.a *
C€o r/r 6/ort- (
Signature
Printed Name
ts
CONTRACTOR
v&nl IDate
Title /
BOARD OF COUNTY COMMISSION
KITTITAS COUNTY
Chair
ABSENT
Commissioner
Attest
Clerk of the Board
t
Date:fi4 lot lato
ATTACHMENT'A"
SCOPE OF WORK
Provide community inclusion (Cl) Services in accordance with DDCS Policy 4.11
Provide supported employment services through individual employment (lE) services or group supported
services (GSE), if applicable, in accordance with DDCS Poliry 4.11
Provide any other direct services in compliance with attachment "E" and "F"
Ensure clients have a current lE, Cl, or GSE plan in place that includes the following:
o Person Centered assessment
o Clearly states the cllent's goal, who is responsible for what action steps.
o Based on the client's strengths and builds on their skills.
o The plan advances the client toward their goals and tracks their progress.
o Measurable outcomes that can be identified.
o Updated every 6 months to assess and revise as needed.
o Contact clients according to their plan and provide case notes that center on the client's skills, gifts, interests,
desires and preferences for activities or work.
r Submit data and reports as requested by the county.
. Follow billable requirements per DDCS.
r Submit billing to county, monthly.
o Participate in biennial county evaluation (monitoring) to meet the standards set forth on the DDCS County
Best Practices site.
. Comply with all applicable requirements in the contract between DDCS and Kittitas County (Attachment E).
o Comply with referenced RCW, WAC, DDCS policies, confidential information, data security, and
referenced materials.
. Comply with referenced documents found at DDCS internet site Countv Best Practices I DSHS (wa.eov).
. Any service provider offering transportation must ensure that drivers hold valid driver's licenses and
have a background screening completed to include a driving abstract in order to safely perform the
services.
Kittitas County Agreement for Services (rev.5/Ia/25l'
Page 3 of 21
a
a
ATTACHMENT'8"
COMPENSATION
THE COUNTY WILL NOT PROCESS PAYMENT FOR SERVICES RENDERED UNDER THIS AGREEMENT UNTIL
CoNTRACTOR SUBMTTS A COMPLETED W-9 (SEE ATTACHMENT "G").
As full compensation for satisfactory performance of the work described in Attachment "X', and within
thirty (30) days of receiving Contracto/s itemized invoice, the County shall pay Contractorthe following amount(s)
plus any applicable taxes as detailed in Contractor's invoice:
Individual Employment (IE) $108.80 per servicc hour
Group Supported Employment (GSE) $93.80 per service hour
Community Inclusion (CI) $66.08 per service hour
Unless otherwise provided herein, the Contractor shall be solely responsible for Contractor's travel and
related expenses.
Any uses of these funds outside of the listed allowable uses must be approved by Kittitas County in advance of the
expenditu re, in writing.
All funds must be spent by June 30, 2027. No extension of the funding period will be granted.
Reim bursement P rocedures
A. The Contractor will receive a billing template(s) each month from the Human Services Department of
Kittitas County Public Health.
B. The Contractor shall complete the billing templates each month and send to Laurie Holt
laurie.holt@co.kittitas.wa.us by the 25th of the month following the calendar month in which services
were delivered.
C. The Contractor must provide an invoice for approval prior to the end of each month. lnvoices may not
be processed for payment until after the end of the month
D. All invoices must include an invoice date and an invoice number.
E. Kittitas County Health Department will verify all invoices through AWA prior to processing payment.
Kittitas County Agreement for Services (rev.5/7a/251
Page 4 of 2L
ATTACHMENT "C"
I NSU RANCE REQU IREMENTS
Contractor shall secure and maintain in effect at all times during performance of work under this
Agreement such insurance as will protect Contractor, its employees, and agents from all claims, losses, harm,
costs, liabilities, damages and expenses arising out of Contractor's performance under this Agreement, including
but not limited to personal injury (including death) or property damage.
All insurance shall be issued by companies admitted to do business in the State of Washington and have
a rating of A-, Class Vll or better in the most recently published edition of Best's Reports unless otherwise approved
by thc County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must comply with Chapter 48.L5 RCW and 284-15 WAC.
At a minimum, Contractor shall maintain and provide proof of the following selected options:
Commercial General Liabilitv lnsurance
r Coverage limits are not less than:
. 51,000,000 per occurrence, for all covered losses
o $2,000,000 general aggregate
o $1-,000,000 products & completed operations aggregate
o $1,000,000 personal and advertising injury, each offense
. The policy must be endorsed to include the County and its officials, employees and agents
as additional insureds.
Commercial Auto le Liabilitv lnsurance
Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90
endorsement and a CA 9948 endorsement attached if 'pollutants' are to be transported.
Coverage limits are not less than:
o $1,000,000 combined single limit
Excess or Umbrella Liabilitv
. The Contractor shall provide Excess or Umbrella Liability coverage of 55,000,000. This
Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial
General and Automobile lnsurance policy coverages. lf used to meet limit requirements,
coverage must be at least as broad as specified for underlying coverages and must cover
those insured in the underlying policies.
. This requirement may alternatively be satisfied through Contractor's primary Commercial
General and Automobile Liability coverage, or any combination thereof.
. The policy must be endorsed to include the County and its officials, employees and agents
as additional insureds.
r Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits.
. There shall be no cross-liability exclusion precluding coverage for claims or suits by one
insu red against another.
Workers' Compensation & Emplover/s Liabilitv
. The Contractor shall provide Workers Compensation and Employer's Liability insurance
on a state-approved policy form providing benefits as required by law with employe/s
liability limits no less than 51,000,000 per accident or disease.
Kittitas County Agreement for Services (tev.5/14/251
Page 5 of 21
Professional Liabilitv / Errors and Omissions Liabilitv
. Coverage limits not less than:
. S1,000,000 each claim
r Contractor must provide evidence of this coverage on a policy form appropriate to
Contracto/s profession.
Contractor shall furnish to the County a Certificate of lnsurance, with endorsement where required above,
as evidence that policies providing insurance required by this Agreement are in fullforce and effect. Contracto/s
insurance policies required above must apply on a primary non-contributing basis in relation to any other
irrsularrce ur self-insurance available to the County.
Contractor agrees to provide notice to the County at least thirty (30) days prior to cancellation, or any
material alteration or non-renewal, of any of the above-required insurance coverages.
Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools,
machinery, equipment, or motor vehicles owned or utilized by Contractor, or Contractor's agents, employees,
suppliers or contractors, as well as to any temporary structures, scaffolding and/or protective fences.
Contractor shall have sole responsibility for ensuring the insurance coverage and limits required herein
are also obtained by any subcontractors.
NOTE: Notwithstanding any other provision(s) of this Agreement, no contract shall form under this Agreement
until and unless the following are provided to the County: (1) a copy of the Certificate(s) of lnsurance with all
required endorsements, properly completed and in the amounts required, and (2) where requested by the County,
a copy of the required insurance policies, including all required endorsements.
Kittitas County Agreement for Services (rev.5/7a/25)
Page 6 of 21
ATTACHMENT,'D,,
GENERAL TERMS AND CONDITIONS
t. Scope of Contractor/s Services: Contractor agrees to provide to the County services as set forth in
Attachment "A". No materials, labol or facilities will be furnished by the County, unless otherwise provided
herein. All work performed under this Agreement shall comply with applicable laws and regulations.
2. Accounting and Pavment: Compensation to Contractor for services rendered under this Agreement
shall be as set forth in Attachment "B". Where Attachment "8" requires payment(s) by the County, payment shall
be based upon billings, supported unless provided otherwise in Attachment "B", by documentation of units of
work actually performed and amounts earned, including, where appropriate, the total number of hours for the
month and the total dollar payment requested. Unless specifically stated in Attachment "B", the County will not
reimburse Contractor for any costs or expenses incurred by Contractor in performance of this Agreement. Where
required, the County shall, upon receipt of appropriate documentation, compensate Contractor, no more often
tha n monthly, through the Cou nty voucher system, for Contractor's services pu rsua nt to the fee schedu le set forth
in Attachment "8". ln the event Contractor fails to perform any of its obligations under this Agreement within the
time specified herein, then the County may withhold all monies due and payable to Contractor until such failure
to perform is cured or otherwise adjudicated. The County will not process payment for services rendered under
this Agreement until Contractor submits a completed W-9 (See Attachment "G").
3. Taxes: Contractor understands and acknowledges that the County will not withhold Federal or State
income taxes from payments made to Contractor. Where required by State or Federal law, Contractor authorizes
theCountytomakewithholdingforanytaxesotherthanincometaxes(e.g.,Medicare). Allcompensationreceived
by Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in accordance with
applicable IRS regulations. lt is the responsibility of Contractor to make its necessary estimated tax payments
throughout the year, if any, and Contractor is solely liable for any tax obligation arising from Contractor's
performance of this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired here under as required by
law. Contractor must pay all other taxes, including but not limited to: business and occupation tax; or taxes based
on (1) Contractor's gross or net income, or (2) personal property to which the County does not hold title. The
County is exempt from federal excise tax.
4. lndependent Contractor: Contractorrs services shall be furnished by Contractor as an independent
contractor, and nothing stated herein shall be construed to create a relationship of employer-employee or a
guarantee of future employment. Contractor acknowledges that its entire compensation under this Agreement
is specified in Attachment "B", and that Contractor is not entitled to any County benefits, including but not limited
to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or
privileges afforded to Kittitas County employees.
5. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to
any other individual, firm or entity without the express and prior written approval of the County. The Contractor
may only subcontract work contemplated under this agreement if it obtains the prior written approval of the
County, lf the County approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the County in
writing may require the Contractor to amend its subcontracting procedures as they relate to this agreement,
prohibit the Contractor from su bcontracting with a particular person or entity, or require the Contractor to rescind
or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this
agreement. The Contractor is responsible to the County if the Subcontractor fails to comply with any applicable
Kittitas County Agreement for Services (rev.5/M/25)
PageT of2t
term or condition of this agreement. The Contractor shall appropriately monitor the activities of the Subcontractor
to assure fiscal conditions of this agreement. ln no event shall the existence of a subcontract operate to release
or reduce the liability of the Contractor to the County for any breach in the performance of the Subcontractor's
duties.
Every subcontract shall include a term that County is not liable for claims or damages arising from a
Su bcontractor's performa nce of the su bcontract.
5. Right to Review; Maintenance of Records: This Agreement 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 the work performed under this Agreement by whatever means are deemed expedient by the
County. Such review may occur with or without notice, and may include, without limitation, on-site inspection,
inspection of all records or other materials which the County deems pertinent, and any and all communications
with or evaluation by service recipients under this Agreement. Contractor shall preserve and nraintain all t'ecords
relating to this Agreement for six (5) years after termination or expiration of the Agreement, and upon request
shall make them available for review by any Federal or State auditor, the County, and/or any persons authorized
by the County.
7. Modification
7.L. This Agreement may be amended by mutual agreement of the parties. Any such amendment
shall be in writing and signed by both parties.
7.2 The County may unilaterally amend this Agreement at any time by written notice ("Change
Notice") to Contractor, to modify the work to be performed under this Agreement, within the general scope of
the Agreement. Such changes may include, but are not limited to, changes in the exact scope of work to be
performed (including modification, substitution, addition, or deletion of required tasks) and changes to the
schedule of performance. lf any such Change Notice causes an increase or decrease to Contracto/s cost of, or the
time required for, performance of the work, an equitable adjustment in the compensation to Contractor and/or
in the schedule for the performance of the work shall be made by the County to reflect such an increase or
decrease. Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment,
Contractor shall proceed in accordance with all Change Notices. Within thirty (30) days after receipt of any Change
Notice which, in Contracto/s opinion, lacks adequate adjustment, Contractor must submit to the County a written
statement requesting a modified adjustment; otherwise, Contractor will forfeit its right to any such modified
adjustment. The County retains the final right to determine adjustments hereunder.
8. Termination
8.1 This Agreement may be terminated at any time by mutual written agreement of the parties.
8.2 The County, by giving written notice, may terminate this Agreement at any time without cause
and without further obligation to Contractor except for payment due for deliverables provided and/or services
performedpriortotheeffectivedateoftermination. Anequitableadjustmentinthecontractedpriceforpartially
completed tasks will be made by the County, but such an adjustment shall not include compensation for loss of
anticipated profit on uncompleted work.
8.3 lf Contractor defaults by failing to perform any of its obligations under this Agreement, or
becomes insolvent, is declared bankrupt or commits any act of bankruptcy or insolvency, or makes an assignment
for the benefit of creditors, the County may, by written notice to Contractor, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. lf the Agreement is terminated under this
paragraph, Contractor shall not be entitled to receive any further payments under this Agreement until all its
obligations hereunder have been fully performed, and any extra cost or damage to the County shall be deducted
Kittitas County Agreement for Services (rev.5/M/25)
Page 8 of 21
fromanymoneydueorcomingduetoContractor. Furthermore,intheeventofterminationunderthisparagraph,
Contractor shall bear the costs of any extra expenses incurred by the County in completing the work, and all
damages sustained, or which may be sustained, by the County.
8.4 Termination of this Agreement by any means provided herein shall not excuse any party's
performance of its obligations hereunder through the effective date of termination, except that the County shall
not be obligated to pay for services that have not been performed or deliverables that have not been provided.
9. lndemnification
9.1 To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold the
County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from
and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's
fees and alternative dispute resolution costs, for any personal or bodily injury, sickness, disease or death, for any
damage to or destruction of any property (including the loss of use resulting therefrom), and for any other claims,
damages, losses, and expenses sustained by the County, which (1) are caused in whole or in part by any act or
omission, negligent or otherwise, of Contractor, its employees, agents or volunteers, or Contracto/s
subcontractors, their employees, agents or volunteers; or (2) are directly or indirectly arising out of, resulting
from, or othenrrise connected with the performance of this Agreement; or (3) are based upon Contractor's or its
subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation
of Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by
the sole negligence of the County. This indemnification obligation of Contractor shall not be limited in any way by
the Washington State lndustrial lnsurance Act, RCW Title 51, or by application of any other workmen's
compensation act, disability benefit act or other employee benefit act, and Contractor hereby expressly waives
any immunity afforded by such acts. The foregoing indemnification obligations of Contractor are a material
inducement to the County to enter into this Agreement, are reflected in Contractor's compensation, and have
been mutually negotiated by the parties.
9.2 The County reserves the right, but not the obligation, to participate in the defense of any claim
for damages, losses or expenses, and such participation shall not constitute a waiver of Contractor's indemnity
obligations contained in any section of this Agreement.
9.3 ln the event Contractor enters into subcontracts to the extent allowed under this Agreement,
each such subcontractor shall indemnify the County on a basis equal to or exceeding Contractor's indemnity
obligations to the County.
10. Venue and Choice of Law: ln the event that any litigation should arise concerning this Agreement,
the venue for such action shall be in the Superior Court of the State of Washington in and forthe County of Kittitas.
This Agreement shall be governed by the laws of the State of Washington.
11. Non-Appropriation of Funds: lf the County does not appropriate sufficient funding for this Agreement
for any future fiscal period, the County will not be obligated to make payments for services performed after the
end of the last fiscal period for which sufficient funding was appropriated. No penalty or expense shall accrue to
the County in the event this provision applies.
Kittitas County Agreement for Services (rev. 5/Ia/251
Page 9 of 21
l-2. Contractor Commitments, Warranties, and Representations: Contractor represents and warrants as
follows
12.L 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.
L2.2 Contractor has the authority to execute this Agreement, to make the representations and
warranties set forth herein, and to perform its obligations hereunder.
12.3 This Agreement has been validly executed by an authorized representative of Contractor and
constitutcs a valid and lcgally binding and enforceable obligation of Contractor.
I2.4 Contractor holds, or will obtain prior to commencing work under this Agreement, such licenses,
permits and other authorizations from federal, state and local governmental authorities, or from any applicable
industrial or professional certification or licensing bodies, as are necessary for the lawful performance of its
obligations under this Agreement, and will maintain such throughout the term of this Agreement.
L2.5 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 underthis Agreement. Contractor
is not subject to any order or judgment of any court, tribunal or governmental agency which materially and
adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under
this Agreement.
L2.6 Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency.
L2.7 None of the representations or warranties in this Agreement, and none of the documents,
statements, certificates or schedules furnished by Contractor 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 a material fact necessary to make the statements of fact contained therein not misleading.
13. Ownership of ltems Produced: All writings, programs, data, reports, films, recordings, or other
materials prepared by Contractor and/or its consultants or subcontractors, in connection with the performance
of this Agreement, shall be the sole and absolute property of the County. The County will have all rights of
ownership therein, including but not limited to the right to use, copyright, trademark, and/or patent, and the
ability to transfer any or all ownership rights.
14. Intellectual ProperW lnlftngement: 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 and/or materials supplied by Contractor infringe any intellectual property rights of any third
party(ies). Contractor will pay all costs and damages attributable to any such claims finally awarded against the
County in any action. Such defense and payments are conditioned upon the following: (1) Contractor shall be
notified promptly in writing by the County of any notice of such claim; and (2) Contractor shall have the right
hereunder, at its option and expense, to obtain for the County the right to continue using the information and/or
materials that are the subject of such claim, provided no reduction in performance or loss results to the County.
15. Use of Countv Name and Logo: Contractor may not use the County's name, logo(s), trademark(s), or
other identifying information, or identify the County as a current or former client, on its website or in any
marketing or promotional materials without the prior written consent of the County.
Kittitas County Agreement for Services (rev.5/14/251
Page 10 of 21
16. Disputes: Any dispute between the parties arising under or relating to this Agreement shall be
resolved informally if possible. However, in the event such a dispute cannot be so resolved, it shall be adjudicated
by a dispute board ("Dispute Board") in the following manner: Each party shall appoint one member to the Dispute
Board, the members so appointed shall jointly appoint an additional member to the Dispute Board, and the
Dispute Board will evaluate the facts, Agreement terms, and all applicable statutes and rules, and make a
determination as to the proper resolution of the dispute. Such determination shall be final and binding on both
parties. The cost of resolution will be borne as allocated by the Dispute Board. Alternatively, if agreed to in writing
by both parties, the parties may forego the option of establishing a Dispute Board to adjudicate the dispute, and
instead pursue arbitration, jointly selecting an arbitrator acceptable to both parties. ln the event the parties
choose to pursue arbitration, the parties agree that: (1) the fees and expenses of the arbitrator shall be shared
equally by both pafties to this Agreement, (2) each party shall bear its own costs and attorney fees, (3) arbitration
shall be conducted according to the commercial arbitration procedures of the American Arbitration Association,
and (4) the arbitrator's decision or award shall be final and binding on both parties.
17. Confidentialitv: Contractor, its employees, agents and volunteers, and any of Contractor's
subcontractors and their employees, agents and volunteers, shall maintain the confidentiality of all information
provided by the County or acquired by Contractor in performance of this Agreement, except upon the prior
written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired
jurisdiction over the County. Contractor shall immediately provide the County notice of any judicial proceedings
seeking disclosure of such information. Contractor agrees to indemnify, defend and hold harmless the County
and its departments, elected and appointed officials, employees, agents and volunteers 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. Notwithstanding the foregoing, and to the extent that any information obtained by the
Contractor hereunder is required to be shared with others by the explicit terms of the Scope of Work, this
provision shall not be construed as prohibiting such sharing, provided there are no applicable laws or regulations
prohibiting same.
18. Notices: Written notices required or permitted to be provided by one party to the other party under
this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and
returnreceiptrequested. Noticemaybeprovidedbyregularfirstclassmailifsimultaneousnoticeisprovidedby
email. Notices given by Contractor shall be provided to the County's point of contact listed on page L of this
Agreement, at the address there listed, and to the department head of the county department for which services
under this Agreement are rendered. Notices given by the County shall be provided to Contractor at Contracto/s
address listed on page L of this Agreement.
19. Prevailins Wage: Where labor to be performed under this Agreement is considered "public work" as
defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of work underthis Agreement in accordance with RCW 39.1-2 and the rules and
regulations of the Washington State Department of Labor and lndustries. The schedule of prevailing wage rates
for the applicable locality or localities is determined by the lndustrial Statistician of the Department of Labor and
lndustries. lt is Contractor's responsibility to verify the applicable prevailing wage rate. lt is understood that
Contractor is responsible for obtaining and completing all required government forms relating to prevailing wage
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 lndustries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for in RCW 39.12.060.
20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same profession or industry as Contractor currently
Kittitas County Agreement for Services (rev.5/74/25)
Page 11 of 21
practicingorworkingundersimilarcircumstances. Contractorshall,withoutadditionalcompensation,correctany
of its services not meeting such a standard.
2L. Nondiscrimination
2t.L ln the performance of this Agreement, Contractor will not discriminate against any employee or
applicant for employment on the grounds of age, race, creed, color, national origin, citizenship or immigration
status, sex, sexual orientation, marital status, honorably discharged veteran or military status, orthe presence of
any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a
disability; provided that the prohibition against discrimination because of such disability shall not apply if the
particular disability prevents the proper performance of the particular worker involved. Contractor shall ensure
that applicants are ernployed, arrd that enrployees are treated during employment, without discrimination
because of theirage, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation,
marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical
disability or the use of a trained dog guide or service animal by a person with a disability. Such requirements
apply, without limitation, to the following: employment, promotion, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for
training, including apprenticeships. 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.
2L.2 Contractor will not discriminate against any recipient of any services or benefits provided for
under this Agreement on the grounds of age, race, creed, color, national origin, citizenship or immigration status,
sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any
sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a
disability.
21,.3 lf any assignment and/or subcontracting has been authorized by the County, said assignment or
su bcontract shall include appropriate safeguards against discrimination.
22. Waiver: The waiver of any default or breach of this Agreement, or the failure of a party to enforce
any provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or
subsequent default or breach, the enforcement of any provision hereof, or the exercise of any right or privilege
hereunder, unless otherwise stated in a writing, signed by the parties hereto'
23. Headings: 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.
24. Survival: The provisions of paragraphs 2,3, 4,6,8, g, !0,13, L4,15, L6, L7, 19,20,22,24, and 28 of
these General Terms and Conditions shall survive the completion, expiration, termination or cancellation of this
Agreement for any reason.
25. Complete Agreement: This Agreement constitutes the entire agreement between the parties and
supersedes any and all other agreements, understandings, negotiations and discussions, oral orwritten, express
or implied, regarding the work to be performed hereunder. The parties agree that no other representations,
inducements, promises, agreements, or warranties relating to this Agreement, oral or otherwise, have been made
between the parties. Except as provided elsewhere in this Agreement, no modification or waiver of this
Agreement shall be valid or binding unless in writing and signed by the parties'
Kittitas County Agreement for Services (rev.5/7a/251
Page L2 of 2L
25. Severability: lf 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 to be severable.
27. Time: Time is of the essence in the performance of this Agreement unless otherwise agreed between
the parties in a signed writing.
28. Construction: This Agreement has been mutually reviewed and negotiated by the parties and should
not be construed against the drafter.
29. Agreement Not for Benefit of Third Parties: This Agreement is entered into solely for the benefit of
the parties hereto and vests no rights in, nor is it enforceable by, any third parties.
Kittitas County Agreement for Services (rev.5/14/25)
Page 13 of 21
Attachment E
g*R-i''tl*;
COUNTY
PROGRAM AGREEMENT
DDCS County Services
DSHS Agreement Number
2663-71228
This Program Agreement is by and between the State of Washington Department of
Socialand Health Services (DSHS) and the County identified below, and is issued in
conjunction with a County and DSHS Agreement On General Terms and Conditions,
which is incorporated by reference.
Administration or Division
Agreement Number
County Agreement Number
DSHS ADMINISTRATION
Developmental Disabilities
Admin
DSHS DIVISION
Division of Developmental
Disabilities
DSHS INDEX NUMBER
1225
DSHS CONTRACT CODE
1769CS-63
DSHS CONTACT NAME AND TITLE
Seanna Woodard
Operations Manager
DSHS CONTACT ADDR ESS
1611 W lndiana Ave
Sookane. WA 99205
DSHS CONTACT TELEPHONE
(509\329-2952
DSHS CONTACT FAX
(509)568-3037
DSHS CONTACT E-MAIL
woodas@dshs.wa.qov
COUNTY NAME
Kittitas County
Kittitas County DDA County Services
COUNWADDRESS
507 North Nanum Street Suite 102
Ellensburq, WA 98926-2886
COUNry FEDERAL EMPLOYER IDENTIFICATION
NUMBER
COUNry CONTACT NAME
Kasey Knutson
COUNTY CONTACT TELEPHONE
(509) 962-7090
COUNTY CONTACT FAX
(509) 962-5883
COUNTY CONTACT E-MAIL
kasev. knutson@co. kittitas.wa.us
IS THE COUNry A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM
AGREEMENT?
No
ASSISTANCE LISTING NUMBERS
PROGRAM AGREEMENT START DATE
07t01t2026
PROGRAM AGREEMENT END DATE
06t3012027
MAXIMUM PROGRAM AGREEMENT AMOUNT
$1.021.440.00
EXHIBITS. The following Exhibits are attached: Exhibit A -Data Security Requirements; Exhibit B - Budget and
ananllina Plan
By their signatures below, the parties agree to the terms and conditions of this County Program Agreement and all
documents incorporated by reference. No oth er understandings or representations, oral or otherwise, regarding the
subject matter of this Program Agreement shall be deemed
that thev are authorized to sign this Program Agreement.
to exist or bind the parties. The parties signing below certify
COUNTY SIGNATURE(S)PRINTED NAME(S) AND TITLE(S)DATE(S) SIGNED
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS Central Contract Services
1 769CS County Agreement (12-26-2025)
Page 1
1
Special Terms and Conditions
Definitions Specific to Program Agreement: The words and phrases listed below, as used in this
Program Agreement, shall each have the following definitions:
a. "Acuity Level" means the level of a Client's abilities and needs as determined through the DDCS
assessment.
b. "ALTSA Web Access (AWA)" means a web-based portalto the Developmental Disabilities
Community Services CARE system designed to support county services for DDCS clients.
c. "Additional Consumer Services" refers to indirect Client service types as follows:
(1) "Community lnformation and Education": Activities to inform and/or educate the general public
about developmental disabilities and related services. These may include information and
referral services; activities aimed at promoting public awareness and involvement; and
community consultation, capacity building and organization activities.
(2) "Training": To increase the job related skills and knowledge of staff, providers, volunteers, or
interning students in the provision of services to people with developmental disabilities. Also to
enhance program related skills of board or advisory board members.
(3) "Other Activities" reserved for special projects and demonstrations categorized into the following
types:
(a) lnfrastructure projects: Projects in support of Clients (services not easily tracked back to a
specific working age Client) or that directly benefit a Client(s) but the Client is not of working
age. Examples include planning services like generic job development e.g. "Project
Search".
(b) Start-up projects: Projects that support an agency or directly benefit the agency. Examples
include equipment purchases and agency administrative support.
(c) Partnership Project: Collaborative partnerships with school districts, employment providers,
DVR, families, employers and other community collaborators needed to provide the
employment supports and services young adults with developmental disabilities require to
become employed during the school year they turn twenty-one (21).
d. "Budget and Accounting Reporting System (BARS)' means a master classification of balance
sheet, revenue and expenditure/expense accounts.
e. "Client" means a person with a developmental disability as defined in chapter 388-823 WAC who is
currently eligible and active with the Developmental Disabilities Community Services or is an
identified PASRR Client.
f. "Competitive lntegrated Employment" means work performed by a Client on a part-time or full-time
basis, within an integrated setting within the community that meets HCBS settings requirements.
The Client must be compensated at minimum wage or higher, using the higher of the Federal,
State, or local rate, and at a rate comparable to the wage paid to non-disabled workers performing
the same tasks, including receiving the same benefits and opportunities for advancement.
g. "Consumer Support" refers to direct Client service types as follows:
(1) "Community lnclusion" or "Cl": means individualized services provided in integrated community
settings with other individuals without disabilities. The activities are based on Client interests
Page 2
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Special Terms and Conditions
and provide opportunities typically experienced by the general public of similar age in their local
community, accessible by public transit or a reasonable commute from their home. The goal of
the service is to support clients to participate, contribute, and develop relationships with
community members who are not paid staff. These services may be authorized for individuals
age 62 and older. These services may be authorized in addition to or instead of employment
support (lndividual Employment or Group Supported Employment) for working age individuals
who have received nine months of employment support.
(2) 'Child Development Services" or "CDS": Birth to three services are designed to meet the
developmental needs of each eligible child and the needs of the family related to enhancing the
child's development. Service may inchrde assistive technology, audiology, family training/home
visits, health services, medical services, nursing services, nutrition services, occupational
therapy, physicaltherapy, psychological services, sign language, socialwork, special
instruction, speech-language pathology, vision, and transportation. Services are provided in
natural environments to the maximum extent appropriate.
(3) "lndividual Supported Employment" or "lE": services are a part of a Client's pathway to
employment and are tailored to individual needs, interests, and abilities, and promote career
development. These are individualized services necessary to help persons with developmental
disabilities obtain and continue integrated employment at or above the state's minimum wage in
the generalworkforce. These services may include intake, discovery, assessment, job
preparation, job marketing, job supports, record keeping and support to maintain a job.
(4) "lndividu alizedTechnical Assistance" or "lTA": services are a part of a Client's pathway to
individual employment or community inclusion. This service provides assessment and
consultation to the provider to identify and address existing barriers to employment or
community inclusion. This is in addition to supports received through supported employment or
community inclusion services for Clients who have not yet achieved their goal.
(5) "Group Supported Employment" or "GSE": services are a part of a Client's pathway to integrated
jobs in typical community employment. These services are intended to be short term and offer
ongoing supervised employment for groups of no more than eight (8) workers with disabilities in
the same setting. The service outcome is sustained paid employment leading to further career
development in integrated employment at or above minimum wage. Examples include
enclaves, mobile crews, and other business models employing small groups of workers with
disabilities in integrated employment in community settings.
h. "County" is the political subdivision of the state of Washington and the county or counties entering
into this Program Agreement.
i. 'DDCS Case Resource Manager (CRM)" means a case manager for DDCS Clients.
j. "County Service Authorization (CSA)" means an authorization for county services.
k. "Developmental disabilities (DD)" means a disability attributable to intellectual disability, cerebral
palsy, epilepsy, autism, or another neurological or other condition of an individual found by the
secretary to be closely related to an intellectual disability or to require treatment similar to that
required for individuals with intellectual disabilities, which disability originates before the individual
attains age eighteen, which has continued or can be expected to continue indefinitely, and which
constitutes a substantial limitation to the individual.
l. "Developmental Disabilities Community Services "DDCS" means a division within the Department of
Page 3
DSHS Central Contract Services
1 769CS Cou nty Ag reement (1 2-26-2025)
Special Terms and Conditions
Social and Health Services.
m. "DDCS Regional office (DDCS Region)" means the regional DDCS office that supports DDCS
clients.
n. "Division of Vocational Rehabilitation (DVR)" means a division within the Department of Social and
Health Services
o. "Employment Outcome Payment" means a payment to providers for transition students born
between specific dates; have high acuity; are authorized for lndividual employment; and student
obtains a competitive integrated job within a specific timeframes. lf the job is a minimum of ten
hours of work per week an additional amount will be include in the payment.
p "General Terms and Conditions" means the contractual provisions contained within that agreement,
which govern the contractual relationship between DSHS and the county.
q. "High Acuity Client" means a DDCS Client who requires significant and intensive support in the
community, often due to complex needs, as determined through the DDCS assessment.
r. "Medicaid Home and Community Based Services (HCBS)" means services that occur in a Client's
home or community rather than institutions or other isolated settings. These programs serve a
variety of targeted populations groups, such as people with intellectual or developmental
disabilities, physical disabilities, and/or mental illnesses
s. "Job Foundation Report" is a document derived from emplovment readiness activities performed by
students who are between ages 19 through 20 that identifies actionable next step for employment.
The employment service providers developing the Job Foundation report will be supporting
students with employment activities on average of 35 hours.
t. "Preadmission Screening and Resident Review (PASRR)' means individuals with intellectual
disabilities or related conditions (lD/RC) who have been referred for nursing facility (NF) care.
u. "Person Centered Service Plan or PCSP' means a document that authorizes and identifies the
DDCS paid services to meet a Client's assessed needs. Formerly referred to as the lndividual
Support Plan.
v. "Quality Assurance" means an adherence to all Program Agreement requirements, including DDCS
Policy 6.13, Provider Quatifications for Employment and Day Program Services, County Guidelines
and the Criteria for Evaluation, as well as a focus on reasonably expected levels of performance,
quality, and practice.
w. "Quality lmprovement" means a focus on activities to improve performance above minimum
standards and reasonably expected levels of performance, quality and practice.
x. "service Provider" is a qualified Client service vendor who is contracted to provide Employment and
Day Program services.
y. "subcontractor" is the service provider contracted by the County to provide services.
2. Purpose: This Program Agreement is entered into between the Developmental Disabilities Community
Services and the County in accordance with chapter 71A.14 RCW. lts purpose is to advance the state
legislative policy to provide a coordinated and comprehensive state and local program of services for
persons with developmental disabilities.
DSHS central contract services
Page 4
1 769CS Cou nty Ag reement (1 2-26-2025)
3.
4.
Special Terms and Conditions
Glient Eligibility: Client eligibility and service referral are the responsibility of DDCS under chapter
388-823 WAC (Eligibility) and chapter 388-825 WAC (Service Rules). Only persons referred by DDCS
shall be eligible for direct Client services under this Program Agreement. lt is DDCS's responsibility to
determine and authorize the appropriate direct service(s) type. Direct Client services provided without
a current County Service Authorization are not reimbursable under this Program Agreement.
Credentials and Minimum Requirements:
a. Administration of the developmental disabilities County program cannot be subcontracted.
b
d
c
Qualified DD Program Coordinator: A qualified DD program coordinator has a minimum of five
years training and experience in the administration and/or the delivery of developmental disabilities
services to a community. For a county where the coordinator administers more than one program
area (e.g. Chemical Dependency, Mental Health, Developmental Disabilities), training and
experience in administration and/or a related Human or Social service may be considered.
Administration Responsibility: The County must demonstrate the ability to administer the program
agreement including contract oversight and monitoring, community outreach and education
activities, and regular communication with the DDCS Regional Office (DDCS region) and contracted
providers.
Fiscal Responsibility: The County must demonstrate the ability to safeguard public funds including
maintaining books, records, documents and other materials relevant to the provision of goods and
services.
e. 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. Policies shall be dated and include dates when updated.
f. 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. lf 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 DDCS 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.
Qualified Advisory Board Members: A Developmental Disabilities advisory board shall include
members knowledgeable about developmental disabilities. No board member shall have a contract
with the County to provide Training, Community lnformation Activities, and Consumer Support as
defined in this Program Agreement, and shall not be a board member, officer, or employee of an
agency subcontracting with the County to provide such services.
Qualified Service Providers: The County assures that all service providers meet qualifications as
outlined in the DDCS Policy 6.13, Program Qualifications for Employment and Day Program
Providers.
i. Home and Community Based Waiver Services Assignment of Medicaid Billing Rights: The County
assures that each subcontractor has agreed to assign to DDCS its Medicaid billing rights for
g
h
DSHS Central Contract Services
't 769CS Cou nty Ag reement (1 2-26-2025)
Page 5
5
Special Terms and Conditions
services to DDCS Clients eligible under Title XIX programs in this Program Agreement. Written
documentation shall be available to DSHS on request.
j. Reporting Abuse and Neglect: The County staff and its subcontractors who are mandated reporters
under RCW 74.34.020(13) must comply with reporting requirements described in RCW 74.34.035,
.040 and chapter 26.44 RCW. lf 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.
k. Counties who provide Child Development Services (birth to three early intervention services), must
provide those services under the regulations implementing the lndividuals with Disabilities
Education Act (IDEA), Part C, and Washington State's Early Support for lnfant and Toddler
Federally Approved Plan.
L The County staff who perform evaluations of subcontractor work sites will promptly report to DSHS
per DDCS Policy 6-08, lncident Management and Reporting Requirements for County and County-
Contracted P roviders, if :
(1) They have reasonable cause to believe that abandonment, abuse, financial exploitation or
neglect (as defined in RCW 74.34.020) of a person who has a developmental disability (as
defined in RCW71A.10.020) has occurred, and,
(2) lf they have reason to suspect that sexual or physical assault of such a person has occurred,
they shall also immediately report to the appropriate law enforcement agency.
m. Counties are specifically authorized to have data storage on portable devices or media in
accordance with the Data Security Requirements.
n. Order of Precedence: ln the event of any inconsistency in this Program Agreement and any
attached exhibits, unless othenrrise provided herein, the inconsistency shall be resolved by giving
precedence, in the following order, to:
(1) County Program Agreement; and
(2) Attached Exhibits.
Duty to Disclose: Under 42 CFR 5455.104, the Administration must obtain certain disclosures and
complete required screenings to ensure the State does not pay federal funds to excluded person or
entities. The County is required to provide disclosures from managing employees, specifically the
persons in the positions of Developmental Disabilities Director and Fiscal/Budget Director, i.e. the
person who authorizes expenditures. A completed Medicaid Provider Disclosure Statement, DSHS
Form 27-094, should be submitted to the Administration to complete the required screenings.
Disclosures must be provided at contract renewal and within thirty-five (35) days whenever there is a
change in the staff holding these management positions [42 CFR 455.104 (cX1)]'
Statement of Work: The County shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below. Working collaboratively and
sharing information as needed for service coordination, the parties shall administer DD services within
the county as set forth below:
a. The DDCS region shall:
(1) Review subcontractors and shall immediately notify the County of any concerns with the
6
DSHS Central Contract Services
'1 769CS Cou nty Ag reement (1 2-26-2025)
Page 6
Special Terms and Conditions
subcontractors identified by the County;
(2) lnform and include the County in the discharge planning of Client's leaving institutions and
returning to the community who will need program funding;
(3) lnform the County of Client's who have had their waiver status changed;
(4) Work with the County when referring Client's for services and willwithdraw referrals when
authorization is not issued;
(5) Authorize new service within 5 working days and will extend existing service authorization
before expiration date;
(6) lnform Clients of service changes through Planned Action Notice(s);
(7) Work with the County to document planned services in the Client's Person Centered Service
Plan including notification of assessment dates;
(8) Work with the County when terminating services;
(9) Work with DDCS Head Quarters and the County on Spending Plan adjustments; and
(10) Work with the County in participating in evaluation of direct service providers.
b. The County shall:
(1) Work with the DDCS Region when Clients are referred for services, authorized services, and/or
for support modifications;
(2) Work with the DDCS Region to document planned services in the Client's Person Centered
Service Plan;
(3) Assist with informing the DDCS Region of any potential service level changes not documented
in the Client's DD Assessment prior to any changes;
(4) Work with the DDCS Region regarding service termination;
(5) Work with the DDCS Head Quarters on Spending Plan adjustments;
(6) lnform the DDCS Region of new providers to be included on the ALTSA Web Access (AWA)
system;
(7) Notify the DDCS Region of any intent to terminate a subcontractor who is serving a DDCS
referral;
(8) Provide a copy of each subcontractor's contract upon written request from DDCS; and
(9) Notify and work with the DDCS Regional Employment Specialist when performing evaluations of
direct service providers.
c. Compliance with Budget and Accounting Reporting System Policies: The Coun$ shalltake any
necessary and reasonable steps to comply with BARS Policies.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
PageT
Special Terms and Conditions
d. The County shall comply with the following referenced documents
(1) DDCS Policy 4.1 1, County Services for Working Age Adults;
(2) Chapter WAC 388-850, chapter 388-828 WAC, WAC 388-845-0001, 0030, 0210,0215,0220,
0600-061 0, 1 030-1 040, 2100, 21 10;
(3) Criteria for Evaluation;
(4) DDA Guidinq Values:
(5) Countv Guide to Achieve DDA's Guidinq Values;
(6) DDA Guidelines for Communitv Assessments within Emplovment and Vocational Programs: and
17; Disabilitv Riqhts Washington (formerlv Washinqton Protection and Advocacv Svstem) Access
Aqreement.
e. The County shall develop and submit a comprehensive plan for the County DD Services as
required by WAC 388-850-020.
f. Conveyance of The Estimated Number of People to be Served and Targeted Outcomes: The
County shall submit the Service lnformation Forms (SlF's) (provided by DDCS at lnternet site
https://unamr.dshs.wa.qov/dda/countv-best-practices) to indicate the estimated number of people to
be served, targeted outcomes, and identified goal(s) that focus on quality improvement within the
categories of Training, Community lnformation, Direct Client Services, and Other Activities within 30
days of execution of the Program Agreement. Once approved, the SIF outcomes may be modified
only by mutual agreement of the County and the DDCS Region.
Solicitation for Qualified Employment and Day Program Service Providers: Requests for
Applications (RFAs), Requests for lnformation (RFl's) and/or Requests for Proposals (RFPs),
Requests for Qualifications (RFQ's) for direct services, excluding Child Development, will be open
continuous enrollment.
h. Qualified Providers: A qualified provider must be a county or an individual or agency contracted
with a county or DDCS.
i. Technical Assistance: DDCS contracts with Technical Assistance providers that may be utilized by
Counties with prior written approval.
Subcontractors: The County will pass on all applicable contractual requirements that are between
DDCS and the County to the subcontractor. The County shall immediately notify the DDCS Region
of the County's intent to terminate a subcontractor who is serving a DDCS referral. lndividuals or
agencies contracted with a county or DDCS may not subcontract for Employment or Community
lnclusion services.
k. The County shall provide or contract with qualified Employment and Day Program Service
Providers for consumer support services that include the following program outcomes:
(1) Monthly Community lnclusion (Cl) service support hours will be based on the Client's Cl service
level per WAC 388-828-9310 for all Clients who began receiving Cl services July 1 ,2011 and
forward.
g
DSHS Central Contract Services
'l 769CS County Agreement (12-26-2025)
Page 8
Special Terms and Conditions
(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 Cl, services will occur individually or in a group of no more than two (2) or three (3)
Client's with similar interests and needs.
(b) Cl 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.
(2) Clients in an employment program will be supported to work towards a living wage. A living
wage is the amount needed to enable a Client to meet or exceed living expenses. Clients
should be supported to average twenty (20) hours of community work per week or eighty-six
(86) hours per month; however, each person's preferred hours of employment should be taken
into consideration. 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) The Client's DDCS PCSP is the driver for service. The AWA County Service Authorization
(CSA) and updated Planned Rates information will not exceed the Client's DDCS PCSP.
Service changes will not occur until the Client has received proper notification from DDCS.
(4) All Clients will have an lndividualized Employment and/or Community lnclusion 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 the Client, their
DDCS Case Resource Manager (CRM), guardian and others as appropriate.
(5) Six-month progress reports describing the progress made towards achieving Client's goal will
be provided by the service provider to the CRM, Client, and/or guardian, if any, within 30 days
following the six-month period. The report will summarize activities and outcomes made towards
the Client's individualized goal(s).All Clients will be contacted by their service provider according
to Client need and at least once per month.
(6) All Clients will be contacted by their service provider according to Client need and at least once
per month.
(7) lf Clients in lndividual Employment or Group Supported Employment, have not obtained paid
employment at minimum wage or higher 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 ClienUguardian; and
(c) Develop additional strategies with the ClienUguardian, county staff, employment support
staff, case manager, and others identified by the Client. Strategies may include providing
technical assistance, changing to a new provider, and/or providing additional resources as
needed to support the Client's pursuit of employment. The additional strategies will be
documented for each Client and kept in the Client's file(s).
(8) lf 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. When requesting to participate in Cl, the Client shall
communicate directly with his or her DDCS Case Manager. The DDCS Case Manager is
responsible for authorizing Cl services.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Page 9
Special Terms and Conditions
(g) For lndividual Employment where the service provider is also the Client's employer, long term
funding will remain available to the service provider employer for six months after the employee
DDCS Client's date of hire. At the end of the six-month period, if the DDCS 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 or DDCS issues prior written approval for the service
provider to continue to provide long-term supports if needed. lf the County or DDCS approves
ihe continuation of long-term supports where the service provider is also the Client's employer,
the County or DDCS will regularly monitor these positions to assure fading efforts occur when
appropriate and any potential conflict of interest is addressed.
(10) lndividual Employment staff hours must be attributed to the "lndividual Emnlovment and Billable
Activitv Phase(s)".
(11) For Group Supported Employment (GSE), Clients must have paid work. 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. lf 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.
(a) The collective group's individual hours should be the minimum staff hours delivered to
support the group.
(b) A GSE Client must be on-site/at work at least their base individual hours as a minimum per
month. lf a Client is not on-site/at work for all of their base hours, the county should verify
that the provider delivered the collective group's individual hours to the group (what was the
number of staff hours provided to the group during the month? lf it was less than the
collective group's totat the provider can only bill for the staff hours that were provided).
(c) A GSE agency may not bill for a GSE Client who does not receive services during an entire
service month.
(d) A GSE agency must have a record of which staff is supporting which Clients on any given
day.
(e) A GSE agency must have supportive documentation that provides clear evidence of support
helping with specific activities as identified in the Client plan to move a Client on their
pathway towards their employment goal(s).
(f) Running a GSE service is a part of the business operation and not billable to Clients
(contract procurement, contract maintenance, or administration functions associated with
GSE).
(g) lndividualtime in the community working towards the individualemployment goal, separate
from the group time, must include phase information (refer to Employment Phases and
Billable Activities - see Phases 1 - 4 for element / activity description).
(12) Employment and day services must adhere to the Home and Community Based settings
(HCBS) requirements of 42 C.F.R. Section 441.301(cX4), including that:
(a) The setting is integrated in the greater community and supports Client's to have full access
to the greater communitY;
(b) Ensures the Client receives services in the community to the same degree of access as
Page 10
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Special Terms and Conditions
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.
Quality Assurance and Service Evaluation: The County shall develop and have available an
evaluation system to review services. The evaluation system must have both a Quality Assurance
and a Quality lmprovement component, and both must include objective measures. The objective
measures at a minimum will include performance indicators, by acuity, that include the number of
new jobs; job loss and reasons for job loss; the percentage employed earning minimum wage or
better; and the average number of hours worked. The County's service evaluation system shall
serve as the method by which current providers demonstrate that they continue to be qualified
providers. A copy of description of such evaluation system shall be provided upon request to DDCS
for review.
m. Evaluation: The County shall evaluate and review services delivered to reasonably assure
compliance and quality. The County shall conduct at least one visit to each subcontractor every two
(2) years excluding Child Development Services subcontractors. The County shall conduct at least
one visit to Child Development Services providers every three (3) years. The County shall maintain
written documentation of all evaluations, recommendations and corrective action plans for each
subcontractor. Copies of such documentation will be provided to the DDCS upon request.
n. The County shallwork with local developmental disability advisory groups to plan for and coordinate
services.
o. The County shall participate in regularly scheduled meetings between County DD staff and DDCS
staff to remain updated and current including ACHS and Regional Meetings.
p. AWA Data System: ln compliance with the AWA Traininq Manual, the County shall use the AWA
data system for all:
(1) Billing requests;
(2) Service provider address and phone number maintenance;
(3) Evaluation dates;
(4) Employment outcome information; and
(5) Monthly provide all data described in the Billing lnstructions and in the Employment Outcomes
lnstructions, which is hereby incorporated by reference.
q. Assure the integrity of data submitted to the State. When data is submitted and rejected due to
errors or an error is later identified, the County will correct and resubmit the data within thirty (30)
days.
r. Review and respond the AWA "Work Lisf items within 5 working days including Referrals and
pending Authorization.
s. Review the AWA "Ticklers" Planned Rate tab and update the planned rate within 5 working days
Page 11
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Special Terms and Conditions
after the Planned Rate start date.
t. Partnership Project
(1) A Job Foundation document will be completed per guidelines for eligible students. Eligible
students are DDCS clients who were born between:
(a) For fiscal year 2026 911105 through 8131106
(b) For fiscal year 2027 911106 through 8131107
These students currently attending school and have completed an application to participate in
this Value Based Payment (VPB) project. The VBP project application will include the following
minimum criteria identified in the sample application found at:
https://www.dshs.wa.oovlsites/default/files/DDA/dda/documents/Job%20Foundation%20Applica
lion 0407 20o/o20%o28002o/o29.docx
(2) Qualified providers will collaborate with School District staff to complete the Job Foundation
document and then provide a copy to the County. To be a qualified provider for the Partnership
Project the Counties must require the provider to have a current contract with the Division of
Vocational Rehabilitation; a contract in good standing with the County and cannot be in
provisional status; a minimum of two years' experience providing lndividual Employment with
demonstrated job placement skills. The Job Foundation recommendation will only have
actionable next steps towards integrated competitive employment.
(3) County participating in the Partnership Project must have the ability to work collaboratively with
School Districts to identiff DDCS students in high school, collect and track information, be
proficient in electronic spreadsheets, and ability to evaluate if completed Job Foundation
document(s) meet quality standards.
u. Outcome Payment.
Providers, with transition students born between
(a) For fiscal year 2026 911103 through 8131104
(b) For fiscal year 2027 911104 through 8131105
(2) High acuity transition students who are authorized for lndividual employment, the provider may
receive one outcome payment if transition student obtains a competitive integrated job approved
by the County within timeframes described in the chart in the Billinq lnstructions. lf the County
is also the service provider DDCS will provide the job approval. lf the job is at a minimum of ten
hours of work per week an additional amount will be include in the payment.
(3) High acuity Clients who are authorized for lndividual employment, provider may receive one
outcome payment if client obtains a new competitive integrated job at a minimum of ten hours of
work per week for a minimum of 4 out of each 6 months during the fiscal year.
(4) Client who are authorized for Community lnclusion who have an acuity of F which equals 18
support hours per month or G which equals 20 support hours per month as based on the
Support lntensity Scale (SlS), provider may receive on outcome payment per month if provider
delivers a minimum of 80% of the authorized hours.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (1 2-26-2025)
Page 12
Special Terms and Conditions
(5) A new Community lnclusion referral is defined as a Client who has a new County Service
Authorization (CSA). lncentive/outcome payments to accept and support overall increased
CSAs billed over the year may be requested from DDCS if funds are available.
(6) Community lnclusion case notes and 6-month progress report summary review that scores 16
points or more with the "Community lnclusion Case Note Review Tool" when used in
conjunction with a Community lnclusion plan that has scored 20+ points with the Community
lnclusion plan Quality review tool, provider may receive an outcome payment.
(7) All outcome payments are described in the chart in the Billinq lnstructions.
7. Consideration
a. Fees
(1) Approval of fees is the responsibility of the DDCS. The DDCS HQ Employment and Day Unit
Manager reserves the right to approve fees/rates for the services being provided. The County
will submit a fee/rate schedule with the initial Program Agreement. The County willsubmit
updated fee/rate schedules to the HQ Employment and Day Unit Manager for approval as
changes occur. The rate schedule will include the following information:
(a) County(s) name;
(b) Time period for which the schedule is applicable; and
(c) Each contracted direct service (lE, GSE, Cl, lTA, CDS) and its associated rate.
(2) Fee Limitations: The Billinq lnstructions found on the County Best Practices site provides
limitations on the Hourly Rate for each direct service. Hourly rates must be divisible by four
b. Budget and Spending Plan, attached as Exhibit B:
(1) Budget amount listed in Exhibit B: The County may not exceed the state only revenue dollar
amount or the total revenue dollar amount indicated on the Program Budget Agreement
included in Exhibit B. The waiver revenue dollar amount may be exceeded to accommodate
Clients moving from state-only employment and day services to waiver employment and day
services.
(2) Spending Plan: DDCS will provide the initial spending plan / Program Agreement Budget /
Exhibit B. Funding shall be distributed under State and Medicaid in the revenue section. The
planned expenditures for Consumer Support are based on authorized Clients, their acuity level
and work history for a given point in time. To determine the Additional Consumer Support
amount, the Consumer Support amount is multiplied by a percentage. The spending plan may
only be modified by mutual agreement of the parties in writing and shall not require a program
agreement amendment.
(a) Funds Designated for Additional Consumer Services: lf a County provides Community
lnformation and Education services under additional consumer services, then activities must
include outreach efforts to federally recognized localtribes.
(b) Funds Designated for Adult Day Care Consumers: Funds designated for Adult Day Care
Consumers are available to Clients who were served between December 1996 and
December 2003 in Adult Day Health agencies and were subsequently determined ineligible
Page 13
DSHS Central Contract Services
1 769CS County Agreement (12-26-2025)
Special Terms and Conditions
for Level ll or lll services (Adult Day Health). Level ll and lll services are licensed
rehabilitation and skilled nursing services along with socialization. Level lservices (Adult
Day Care) are supervised day programs where frail and disabled adults can participate in
social, educational, and recreational programs without the need for skilled nursing. These
Clients may be referred to services defined in the statement of work, or to an Adult Day Care
service other than Level ll or lll. lf a Client no longer needs and wants services, the funds
are available for other Clients who are not part of the group of original Clients identified
between December 1996 and 2003. An Adult Day Care service shall only be provided by
Adult Day Care agencies certified by the localArea Agency on Aging. Adult Day Care
service is not a waiver approved service.
c. Program Agreement Amendments: A County can request an amendment at any time. An
amendment for additional Client(s) may be supported when clients exceed the number used to
develop the contract. An amendment for additional service hours authorized may be supported
when county provides evidence. An amendment request for expenditures exceeding contract total
due to hourly rates paid to service provider may not be supported as the county is responsible to
manage contract and rates paid to their providers.
d. Exemptions: The DDCS Assistant Secretary may approve in writing an exemption to a specific
program agreement requirement.
8.Billing and Payment:
a. Program Agreement Budget: DSHS shall pay the County all allowable costs, which are defined by
DDCS as cost incurred by the program for:
(1) Administration: Costs of the County Human Services Department or similar county office,
responsible for administration of the Developmental Disabilities Program. Allowable costs
include personnel and overhead costs directly related to the administration and coordination of
the program, including such activities as program planning, budgeting, contracting, monitoring,
and evaluation. Also included are departmental and county indirect and/or direct administrative
costs, to the extent that such costs are appropriately allocated to the program using an
established methodology consistent with grants management guidelines. For a County whose
designated coordinator manages multiple programs, the County must be able to provide
evidence of the time the coordinator spent working on the Developmental Disabilities program.
(2) Additional Consumer Services:
(a) Training:
i. Staff Training: Costs incurred by the program for planned, structured activities for the
purpose of providing, or improving, or enhancing job-related knowledge and skills of
staff, providers, volunteers, or interning students in the provision of developmental
d isabilities services.
ii. Board Training: Costs incurred by the program for planned, structured activities
designed to provide, improve, or enhance program-related skills of board and advisory
committee members.
(b) Community lnformation and Education: to inform and/or educate the general public about
developmental disabilities and related services. These may include information and referral
services; activities aimed at promoting public awareness and involvement; and community
Page 14
DSHS Central Contract Services
1 769CS County Agreement (12-26-2025)
Special Terms and Conditions
consultation, capacity building and organization activities.
(c) Other Activities.
i. lnfrastructure projects: Projects in support of Clients (services not easily tracked back to
a specific working age Client) or that directly benefit a Client(s) but the Client is not of
working age. Examples include planning services like generic job development e.g.
"Project Search."
ii. Start-up projects: Projects that support an agency or directly benefit the agency.
Examples include equipment purchases and agency administrative support.
iii. Partnership project: Collaborative partnerships with school districts, employment
providers, Division of Vocational Rehabilitation (DVR), families, employers and other
community collaborators needed to provide the employment supports and services
young adults with developmental disabilities require to become employed during the
schoolyear they turn twenty-one (21). Supports provided should complement and not
replace what the student(s) receive through the lndividualized Education Program (lEP).
(3) Consumer Support.
(a) Adult Day Care services are available to Clients who were served between December 1996
and December 2003 in Adult Day Health agencies and were subsequently determined
ineligible for Level ll or lll services (Adult Day Health). Level ll and lll services are licensed
rehabilitation and skilled nursing services along with socialization. Level I services (Adult
Day Care) are supervised day programs where frail and disabled adults can participate in
social, educational, and recreational programs without the need for skilled nursing.
(b) Community lnclusion Services are individualized and provided in integrated community
settings with other individuals without disabilities. The activities are based on Client
interests and provide opportunities typically experienced by the general public of similar age
in their local community, accessible by public transit or a reasonable commute from their
home. The goal of the service is to support Clients to participate, contribute, and develop
relationships with community members who are not paid staff. These services may be
authorized for individuals age 62 and older. These services may be authorized in addition to
or instead of employment support (lndividual Employment or Group Supported Employment)
for working age individuals who have received nine months of employment support.
(c) Child Development Services are designed to meet the developmental needs of each eligible
child and the needs of the family related to enhancing the child's development. Service may
include: assistive technology, audiology, family training/home visits, health services,
medical services, nursing services, nutrition services, occupationaltherapy, physical
therapy, psychological services, sign language, socialwork, special instruction, speech-
language pathology, vision, and transportation. Services are provided in natural
environments to the maximum extent appropriate.
(d) lndividual Supported Employment services are a part of a Client's pathway to employment
and are tailored to individual needs, interests, and abilities to promote career development.
These are individualized services necessary to help persons with developmental disabilities
obtain and continue integrated employment at or above the state's minimum wage in the
generalworkforce. These services may include intake, discovery, assessment, job
preparation, job marketing, job supports, record keeping and support to maintain a job (per
Page 15
DSHS Central Contract Services
1 769CS Cou nty Ag reement (1 2-26-2025)
Special Terms and Conditions
the lndividual Emplovment Phases & Billable Activities)
(e) lndividualized Technical Assistance services are a part of a Client's pathway to employment
or community inclusion. This service provides assessment and consultation to the provider
to identify and address existing barriers to employment or community inclusion. This is in
addition to supports received through supported employment or community inclusion
services for individuals who have not yet achieved their goal.
(f) Group Supported Employment services are a part of a Client's pathway to integrated jobs in
typical community employment. These services are intended to be short term and offer
ongoing supervised employment for groups of no more than eight (8) workers with
disabilities in the same setting. The service outcome is sustained paid employment leading
to further career development in integrated employment at or above minimum wage.
Examples include enclaves, mobile crews, and other business models employing small
groups of workers with disabilities in integrated employment community settings.
b. Reimbursement for the state Fiscal Year shall not exceed the total amount listed in Exhibit B to this
Program Agreement. However, with a Program Agreement amendment, the parties may increase
or decrease the Program Agreement amount. Counties willwork with DDCS HQ on amendments to
the Program Agreement.
c. Monthly lnvoice with Signed Documentation: All requests for reimbursement amounts must be
entered and posted into the AWA system. The County may post a combined claim of all
programs/services covered by this Program Agreement. DSHS shall make all payments due to the
County for all invoices submitted pursuant to this section within forty five (45) days following posting
of required information.
d. Clients will be assisted in accessing DVR services per the DDCS/DVR MOU. Client services shall
not be reimbursed under this Program 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.
e. Reimbursement of Client Services: A claim for each Client is made on the AWA system by
indicating the number of service units delivered to each Client listed and the fee per unit. Units are
defined as:
(1) An "Hou/' is at least fifty (50) minutes of direct service. Partial hour to the quarter may be
recorded.
(2) A "Day" is at least four (4) hours of direct service and will only be used in connection with Adult
Day Care reimbursement.
(3) A "Month" represents a minimum of at least fifty (50) minutes of direct service for CDS
reimbursement.
f. Program Administration: The County will provide program administration and coordination including
such activities as planning, budgeting, contracting, monitoring, and evaluation. Monthly claims for
administration can be 1t12 of the maximum amount identified in Exhibit B under Administration or
for the actual costs incurred in the given month but the total Administration billed will be the lesser
of the two. Administration cost reimbursement will not exceed 10% unless the Assistant Secretary
of DDCS approves a request for an exception under chapter 388-850 WAC.
g. The lndividual Employment Phases & Billable Activities document defines the individual Client
Page,16
DSHS Central Contract Services
1 769CS Cou nty Agreement (12-26-2025)
9.
10.
11.
Special Terms and Conditions
services that DDCS reimburses. That document is located on the DSHS DDCS County Best
Practices Web site at https://www.dshs.wa.oov/dda/countv-best-practices.
h. The Community lnclusion Billable Activities document defines the individual Client services
DDCS reimburses. That document is located on the DSHS DDCS County Best Practices Web site
at https://www. dshs.wa. qov/dda/countv-best-practices.
i. Timeliness of and Modification to Billings: All initial invoices with signed documentation must be
received by the DDCS Region within forty-five (45) calendar days following the last day of the
month in which the service is provided. Corrected invoices and documentation including re-posted
billing information 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 DDCS
RegionalAdministrator or designee. Payment will not be made on any invoice submitted past sixty
(60) calendar days after the Program Agreement fiscal year.
k.
Recovery of Fees: lf the County bills and is paid fees for services that DSHS later finds were (a) not
delivered or (b) not delivered in accordance with Program Agreement standards, DSHS shall
recover the fees for those services and the County shall fully cooperate during the recovery.
Preadmission Screening and Resident Review (PASRR) Administration: The County may billfor
administration costs as identified in Exhibit B. Monthly claims for administration cost will be based
on the actual PASRR expenditures multiplied by 10%.
Reimbursement for Partnership project: A claim of $3,000 per student for each completed Job
Foundation document that is at a satisfactory or above rating will be requested through the AWA
system as other monthly cost.
m. Job Foundation report line item 95 as identified in the ADSA Web Access (AWA) billing system. A
copy of the completed Job Foundation document will be sent electronically to the shared mailbox
located at: DDAJobFoundationReports@dshs.wa.qov
n. Job placement verification for transition students: The AWA Employment Output for lndividual
Employment will be completed and submitted with payment request to verify employer, job start
date, job type, etc.
o. Job Foundation Administration: The County may billfor administration costs as identified in Exhibit
B. Monthly claims for administration cost will be based on the actual expenditures multiplied by
10o/o. Participating counties will use line item 13.
f ntermediate Care Facilities for lntellectual Disabilities (lCF/lD) Agreement. lf applicable per 42
CFR 483.410, the County shall assure that all county-operated or subcontracted programs serving
persons living in ICF/ID facilities develop a plan and coordinate their services with the facility on behalf
of the ICF/lD resident.
Single State Medicaid Agency-Health Care Authority (HCA): HCA, as the single state Medicaid
Agency, has administrative authority for Title XIX coverage per 42 CFR 431.10. DSHS is the operating
agency for the Home and Community Based Waivers for services for people with developmental
disabilities. The County only has responsibility for services covered in this agreement.
DSHS/DRW Access Agreement: The DRW February 27,2001 Access Agreement with DDCS is
incorporated by reference. The County assures that it and its subcontractors have reviewed the
Access Agreement. The agreement covers DRWs access to individuals with developmental
DSHS Central Contract Services
't 769CS Cou nty Ag reement (1 2-26-2025)
Page 17
Special Terms and Conditions
disabilities, Clients, programs and records, outreach activities, authority to investigate allegations of
abuse and neglect, and other miscellaneous matters and is binding for all providers of DDCS
contracted services.
12. Confidential Information. All Counties and their subcontractors must:
13.
a. Ensure the security of Confidential lnformation, and
b. When transporting client records containing Confidential lnformation outside a Secure Area, one or
more of the following as appropriate:
(1) Using a Trusted Network; or
(2) Encrypting the Confidential lnformation, including:
(a) Email and/or email attachments
(b) Confidential lnformation when it is stored on portable devices or media including but not
limited to laptop computers and flash memory devices.
Data Security Requirements. Exhibit A shall only apply to the County if the County possesses 150 or
more DSHS records across all programs or services throughout their organization, or transmits more
than 5 records at one time.
14.Supersession of Prior Data Security Agreement. lf the Parties hereto have previously entered into a
Standalone Data Security Requirements Agreement, both Parties hereby agree that upon mutual
execution said Agreement shall take precedence as the sole Data security Agreement between the
Parties.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (1 2-26-2025)
Page 18
1
Special Terms and Gonditions
Exhibit A - Data Security Requirements
Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
a. 'AES' means the Advanced Encryption Standard, a specification of Federal lnformation Processing
Standards Publications for the encryption of electronic data issued by the National lnstitute of
Standards and Technology (https://nvlpubs.nist.gov/nistpubs/FIPS/NlST.FlPS.197-upd1.pdf).
b. "Authorized Users(s)" means an individual or individuals with a business need to access DSHS
Confidential lnformation, and who has or have been authorized to do so.
"Category 4 Data" is data that is confidential and requires special handling due to statutes or
regulations that require especially strict protection of the data and from which especially serious
consequences may arise in the event of any compromise of such data. For purposes of this
contract, data classified as Category 4 refers to data protected by: the Health lnsurance Portability
and Accountability Act (HIPAA).
"Cloud" means data storage on servers hosted by an entity other than the Contractor and on a
network outside the control of the Contractor. Physical storage of data in the cloud typically spans
multiple servers and often multiple locations. Cloud storage can be divided between consumer
grade storage for personal files and enterprise grade for companies and governmental entities.
Examples of consumer grade storage would include iCloud, Dropbox, Box.com, and many other
entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, 0365, and
Rackspace.
"Encrypt" means to encode Confidential lnformation into a format that can only be read by those
possessing a "key"; a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 128 bits (256 preferred) for symmetric keys, or
2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard
(AES) must be used if available.
"Hardened Password" means a string of at least eight characters containing at least three of the
following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special
characters such as an asterisk, ampersand, or exclamation point.
"Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile
operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
"Multi-factor Authentication" means controlling access to computers and other lT resources by
requiring two or more pieces of evidence that the user is who they claim to be. These pieces of
evidence consist of something the user knows, such as a password or PIN; something the user has
such as a key card, smart card, or physicaltoken; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PlN" means a personal identification nLlmber, a
series of numbers which act as a password for a device. Since PlNs are typically only four to six
characters, PlNs are usually used in conjunction with another factor of authentication, such as a
fingerprint.
"Portable Device" means any computing device with a smallform factor, designed to be transported
from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but
Page 19
c
d
e
f
g
h
DSHS Central Contract Services
1 769CS Cou nty Agreement (12-26-2025)
j
k.
Special Terms and Gonditions
are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable
Device.
"Portable Media" means any machine readable media that may routinely be stored or moved
independently of computing devices. Examples include magnetic tapes, optical discs (CDs or
DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
"secure Area" means an area to which only authorized representatives of the entity possessing the
Confidential lnformation have access, and access is controlled through use of a key, card key,
combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or
locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access
to the Confidential lnformation is not available to unauthorized personnel. ln otherwise Secure
Areas, such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non-authorized staff such as janitorial or facility security staff, when authorized
Contractor staff are not present to ensure that non-authorized staff cannot access it.
"Trusted Network" means a network operated and maintained by the Contractor, which includes
security controls sufficient to protect DSHS Data on that network. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and
switches, and other such mechanisms which protect the confidentiality, integrity, and availability of
the Data.
m. "Unique User lD" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
Authority. The security requirements described in this document reflect the applicable requirements of
policies and standards of the Washington Technology Services Agency
thttps://watech.wa.oov/policies?combine=&field cateqories tarqet id=8O&field tvpe tarqet id=All),
anO of tfie DSHS lnformation Security Policy and Standards Manual. Reference material related to
these requirements can be found here: https://www.dshs.wa.qov/ffalkeepinq-dshs-client-information-
private-and-secure, which is a site developed by the DSHS lnformation Securi$ Office and hosted by
DSHS Central Contracts and Legal Services.
Administrative Controls. The Contractor must have the following controls in place:
a. A documented security policy governing the secure use of its computer network and systems, and
which defines sanctions that may be applied to Contractor staff for violating that policy.
b. lf the Data shared under this agreement is classified as Category 4 dala, the Contractor must be
aware of and compliant with the applicable legal or regulatory requirements for that Category 4
Data.
c. lf Confidential lnformation shared under this agreement is classified as Category 4 data, the
Contractor must have a documented risk assessment for the system(s) housing the Category 4
Data.
Authorization, Authentication, and Access. ln order to ensure that access to the Data is limited to
authorized staff, the Contractor must:
3.
2.
4.
DSHS Central Contract Services
1 769CS Cou nty Agreement (1 2-26-2025)
Page 20
f
g
Special Terms and Conditions
a. Have documented policies and procedures governing access to systems with the shared Data
b. Restrict access through administrative, physical, and technical controls to authorized staff.
c. Ensure that user accounts are unique and that any given user account logon lD and password
combination is known only to the one employee to whom that account is assigned. For purposes of
non-repudiation, it must always be possible to determine which employee performed a given action
on a system housing the Data based solely on the logon lD used to perform the action
d. Ensure that only authorized users are capable of accessing the Data
e Ensure that an employee's access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment, or the contract under which the Data is made available to them, is
terminated.
(3) When they no longer need access to the Data to fulfill the requirements of the contract.
Have a process to periodically review and verify that only authorized users have access to systems
containing DSHS Confidential lnformation
When accessing the Data from within the Contractor's network (the Data stays within the
Contractor's network at alltimes), enforce password and logon requirements for users within the
Contractor's network, including:
(1) A minimum length of 8 characters, and containing at least three of the following character
classes: uppercase letters, lowercase letters, numerals, and special characters such as an
asterisk, ampersand, or exclamation point.
(2) Thatapassworddoesnotcontainauser'sname, logonlD,oranyformof theirfull name.
(3) That a password does not consist of a single dictionary word. A password may be formed as a
passphrase which consists of multiple dictionary words.
(4) That passwords are significantly different from the previous four passwords. Passwords that
increment by simply adding a number are not considered significantly different.
When accessing Confidential lnformation from an external location (the Data willtraverse the
lnternet or otherwise travel outside the Contractor's network), mitigate risk and enforce password
and logon requirements for users by employing measures including:
(1) Ensuring mitigations applied to the system don't allow end-user modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access. Examples would include
RADIUS and Citrix.
(4) Encrypting all remote access traffic from the externalworkstation to Trusted Network or to a
component within the Trusted Network. The traffic must be encrypted at all times while
traversing any network, including the lnternet, which is not a Trusted Network.
h
DSHS Central Contract Services
1 769CS Cou nty Agreement (1 2-26-2025)
Page 21
5
Special Terms and Conditions
(5) Ensuring that the remote access system prompts for re-authentication or performs automated
session termination after no more than 30 minutes of inactivity.
(6) Ensuring use of Multi-factor Authentication to connect from the external end point to the internal
end point.
Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token
(software, hardware, smart card, etc.) in that case:
(1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at
least one other authentication factor
(2) Must not be comprised of all the same letter or number (11111,22222, aaaaa, would not be
acceptable)
(3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be
acceptable)
lf the contract specifically allows for the storage of Confidential lnformation on a Mobile Device,
passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case, letter, number).
(3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or
abcd12 would not be accePtable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
Protection of Data. The Contractor agrees to store Data on one or more of the following media and
protect the Data as described:
a. Hard disk drives. For Data stored on localworkstation hard disks, access to the Data will be
restricted to Authorized User(s) by requiring logon to the localworkstation using a Unique User lD
and Hardened Password or other authentication mechanisms, which provide equal or greater
security, such as biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network servers and made
available through shared folders, access to the Data will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User lD and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area, which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
For DSHS Confidential lnformation stored on these disks, deleting unneeded Data is sufficient as
long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above
paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be
deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Page 22
Special Terms and Conditions
c. Optical discs (CDs or DVDs) in localworkstation optical disc drives. Data provided by DSHS
on optical discs which will be used in localworkstation optical disc drives and which will not be
transported out of a Secure Area. When not in use for the contracted purpose, such discs must be
Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located
in an area which is accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be transported
out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through
the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User lD and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area, which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secure Area,
which is only accessible to authorized personnel. When not in use, such records must be stored in
a Secure Area..
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or
Secure Access Washington (SAW will be controlled by DSHS staff who will issue authentication
credentials (e.g. a Unique User lD and Hardened Password) to Authorized Users on Contractor's
staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or othenruise leaves the employ of the Contractor, and whenever an
Authorized User's duties change such that the Authorized User no longer requires access to
perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on
portable devices or media unless specifically authorized within the terms and conditions of the
Contract. lf so authorized, the Data shall be given the following protections::
(a) Encrypt the Data.
(b) Control access to devices with a Unique User lD and Hardened Password or stronger
authentication method such as a physicaltoken or biometrics.
(c) Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable Devices and Portable Media
by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are shared, and
iii. Taking frequent inventories.
DSHS Central Contract Services
1 769CS County Agreement (12-26-2025)
Page 23
Special Terms and Conditions
(2) When being transported outside of a Secure Area, Portable Devices and Portable Media with
DSHS Confidential lnformation must be under the physical control of Contractor staff with
authorization to access the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential lnformation may be stored on Portable Media as part of a Contractor's
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course of
normal backup operations. lf backup media is retired while DSHS Confidential lnformation still
exists upon it, such media will be destroyed at that time in accordance with the disposition
requirements below in Section 8 Data Disposition.
(2) Data may be stored on non-portable media (e.9. Storage Area Network drives, virtual media,
etc.) as part of a Contractor's existing, documented backup process for business continuity or
disaster recovery purposes. lf so, such media will be protected as otherwise described in this
exhibit. lf this media is retired while DSHS Confidential lnformation stillexists upon it, the data
will be destroyed at that time in accordance with the disposition requirements below in Section 8
Data Disposition
i. Gloud storage. DSHS Confidential lnformation requires protections equal to or greater than those
specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor
the Contractor has control of the environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following
conditions are met:
(a) Contractor has written procedures in place governing use of the Cloud storage and
Contractor attest to the contact listed in the contract and keep a copy of that attestation for
your records in writing that all such procedures will be uniformly followed.
(b)The Data will be Encrypted while within the Contractor network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within the Cloud storage solution
(e) The Contractor will possess a decryption key for the Data, and the decryption key will be
possessed only by the Contractor.
(f) The Data will not be downloaded to non-authorized systems, meaning systems that are not
on the contractor network
(g) The Data will not be decrypted until downloaded onto a computer within the control of an
Authorized User and within either the DSHS or Contractor's network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless either:
(a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to
all of the requirements within this exhibit; or,
(b) The Cloud storage solution used is HIPAA compliant.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Page 24
6.
Special Terms and Conditions
(3) lf the Data includes protected health information covered by the Health lnsurance Portability and
Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior
to Data being stored in their Cloud solution.
System Protection. To prevent compromise of systems which contain DSHS Data or through which
that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months
of being made available.
b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been
applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware
database the system uses, will be no more than one update behind current.
Data Segregation.
a. DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS data. This
is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for
return or destruction. lt also aids in determining whether DSHS Data has or may have been
compromised in the event of a security breach. As such, one or more of the following methods will
be used for data segregation
(1) DSHS Data will be kept on media (e.9. hard disk, optical disc, tape, etc.) which will contain no
non-DSHS Data.
(2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder
dedicated to DSHS Data
(3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by
the value of a specific field or fields within database records.
(5) When stored as physical paper documents, DSHS Data will be physically segregated from non-
DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the
DSHS Data and the non-DSHS data with which it is commingled must be protected as described in
this exhibit.
Data Disposition. When the contracted work has been completed or when the Data is no longer
needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on
which Data may be stored and associated acceptable methods of destruction are as follows:
7
8.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Data stored on:Will be destroyed by:
Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at
least three (3) times using either random or single
character data, or
Page 25
9.
10.
Special Terms and Conditions
Notification of Compromise or Potential Compromise. The compromise or potential compromise of
DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1)
business day of discovery. lf no DSHS Contact is designated in the Contract, then the notification must
be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also
take actions to mitigate the risk of loss and comply with any notification or other requirements imposed
by law or DSHS.
Data shared with Subcontractors. lf DSHS Data provided under this Contract is to be shared with a
subcontractor, the Contract with the subcontractor must include all of the data security provisions within
this Contract and within any amendments, attachments, or exhibits within this Contract. lf the
Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub-
Contractor must be submitted to the DSHS Contact specified for this contract for review and approval.
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Removable media (e.9. floppies, USB flash drives,
portable hard disks) excluding opticaldiscs Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Confidential
lnformation
Recycling through a contracted firm, provided the
contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential lnformation
requiring special handling (e.9. protected health
information)
On-site shredding, pulping, or incineration
Opticaldiscs (e.9. CDs or DVDs)lncineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Maqnetic tape Deqaussinq. incineratinq or crosscut shreddinq
Page 26
Exhibit B
Program Agreement Budget
X Original Budget Budget Revision
REVENUES
FiscalYear Fund Source Oriqinal 1st Revision 2nd Revision 3rd Revision
2026 State onlv 567,912 576.712
Medicaid 555,171 562,371
Total Rev $1,123,083 $1 .139.083 $$
FiscalYear Fund Source Oriqinal l"tRevision 2nd Revision 3rd Revision
2027 State onlv
Medicaid
Total Rev $$$$
Job
Foundation
Funds
PASRR Funds
State Funds
Medicaid
Funds TOTAL
ADMTNTSTRATTON (11,
12. 13.14\51072 41786 92,858
OTHER CONSUMER
SUPPORTS
(31,32, 41,92,93,94,
97\33411 27337 60,748
CONSUMER
SUPPORT
STATE.ONLY
rc2.64.65,67,69)
Child Development (61)
MEDICAID CLIENTS
(62.64,67, 69, 95, 96)433917 433917 867,834
ROADS to
COMMUNITY LIVING
rcz.64.65, 67, 69)
TOTAL
518,400 503,040 1.021,440
DSHS Central Contract Services
1 769CS Cou nty Ag reement (12-26-2025)
Page 27
Attachment F
ACCESS AGREEMENT BETWEEN
WASHTNGTON PROTECTTON AiTD ADVOCACY SYSTEM, rNC.,
AT\D
TIIE DIYISION OF I}EYELOPMENTAL DISABILITIES,
DEPARTMENT OF SOCIAL AND IIEALTII SERYICES.
WPAS is charged by federal law to protect the legal and hurnan rights of individuals with
developmental disabilities. WPAS provides legal and t4ut"d advocacy services to meet that
obligation. WPAS is also required to maintain the confidentiality of rygor{s an! information
regarding individuals with developmental disabilities consislentllr,th42 U.S.C. $ 6000, et seg.
This agreement govems the access of Washington Protection and Advocacy System to DDD
employees who do not work in Residential Habilitation Centers (RHCs) and records maintainedby
DDO which are associated with individuals with developmental disabilities living outsidc of RHCs.
Federal laws and regulations also provide WPAS with access to commuruty programs and
individuals with developmental disabilities served by DDD contracted providers. DDD will work
with commwrity providers and WPAS to arrive at an agreement governing access to DDD
contracted programs and the people served by them.
This agreement is entered into by the Washington Pmtection and Advocacy System, Inc.
ftereinafter WPAS), the protection and advocacy system aultrorized purslgnt to the Developmental
Dsabilities Assistance and Bill of Rights Act of 1975. 42 U.S.C. sec. 600Q g!-!:99,, to investigate
allesed incidents of abuse, neglect, and riehts violations of persons with developmental disabilities,
and'ihe Division of Develbprnental Disabilities (hereinafter DDD) of the Deparftnent of Social and
Health Services, for the purpose of clarifying the rights and responsibilities of WPAS with respect
to its access to individuals with developmental disabilities, clients, programs, and records.
The Departrnent of Social and Health Services, specifically DDD, is responsible for
providing services to individuals with developmental disabilities, to the extent firnding is available.
in providing those services, DDD must protect the confidentiality of records and information
regarding those individuals pursuant to the state and federal confidentiality laws.
General.
A. That all tcrms uscd in this agrccmcnt which arc dcfincd in the Developmental
Disabilities Assistance and Bill of Rights Act of 1975, 42 U.S.C. $ 6000, et seq., will have
the meaning given to them in the Act, unless otherwise stated in this agreement.
B. This agreement is intended to cany out the provisions of the Developmental
Disabilities Assistance and Bill of fughts Act of 1975, 42 U.S.C. $ 6000, et. seq., and
therefore, if this agreement is or becomes inconsistent with the Act or the implementing
regulations promulgated thereto,lhe terms of the Act and its implementing regulations will
control.
C. If any provision of the agreement is held invaliil, the parties intend that the
remainder of the agreement not be affected.
T.
COMMLTNIry ACCESS AGREEMENT
U. Definitions,
A. Actively Aggressive: means that the individual with developmental disabilities is
assaulting others or is threatening to do so, or the individual with developmental disabilities
is actively harming him or her self.
B. Client Services: means legal representation. The term does not include monitoring
and observation.
C. Complaint: as defined in 45 CFR 1386, or hereinafter amended, includes, but is not
limited to, any report or communication, whether formal or informal, written or otal,
received by WPAliincluding media accounts, newspaper articles, telephone calls (including
anonymous calls), from any source alleging abuse or neglect of an individual with a
developmental disability.
D. DDD Consumer: means an individual with a developmental disability receiving
support from a program firnded by DDD. The term includes DDD consumers who have
died or whose whereabouts are unknou'n. See 45 CFR 1386.22(a)(2).
E. DDD Employees: includes those individuals who are employed by DDD or who
voir:nteei forDDD to provide services to individuals with developmental disabilities.
F. Emerqencies: means actions, omissions, or conditions that immediately threaten an
individual with a developmental disability's health, life or well being.
G. Individual with a Developmsntal Disability: means individuals with developmental
disabilities in the process of appllng for or who have been found eligible for services from
DDD.
H, Monitoring: means unaccompanied access to all residents of a program at
reasonable times, which at a minimum shall include normal working and visiting hours to
ensure pro$am compliance with respect to the rights and safbty of DDD consumers. See 45
c.F.R. $1386.22(e).
I. Probable Cause: as defined in 45 Cl'R 1386, or hereinafter amended, means a
reasonable ground for belief that an individual with developmental disabilities has been, or
may be, sulrject to abuse or neglect. The individual *$ng such determinltion may base
tlie'decision orr rcasorrablc infcrlnccs draum fi'om his or hcr cxpericncc ol haining regarding
similar incidents, conditions or problems that are usually associated with abuse and neglect.
J. Prosram: consistent with the definition of "facility" in 45 CFR 1386.19 includes any
setting that provides care, treatrnent services and habilitation, even -lf g"ly "as needed" .or
undei a contractual arrangement. Programs include, but are not limited to, community
living anangemenb (e.g.,- group homes, adult family homes, congregate care &cilities,
board'ing homes, indiiidlnl-residences and apartmena), day programs, juvenile detention
centers, mrsing homes, homeless shelters, jails and prisons.
K. Provider: means those individuals/corporations with whom DDD contracts to
provide services to DDD consumers, including but not limited to behavioral management
services, family support services, vocational support services, sheJtered employment, tenant
support, inteniive-tenant support, altemative living, supported living,-group home, adult
fannity home, and congregate care facilities, chore services, medicaid personal care and
other personal assistance services.
2COMMUNITY ACCESS AGREEMENT
III.
L. Provider Employee: includes those individuals who are employed by a provider or
who volunteer for a provider to provide services to individuals with developmental
disabilities.
M. Records: as defined in 42 U.S.C. $ 5042 and 45 CFR 1386(22)(b), or hereinafter
amended, reports prepared by any state staffor reports prepared lYan agency charged with
investigating reports ofincidents ofabuse, neglect, injgry, o1 de3th that describe incidents of
abuse, ieglect, injury, or death occurring at a facility, invesigative documents and discharge
planning records-. The term records also includes DDD consumer abuse and neglect
iommiti-ee reports but does not include peer review death rypg{s, attomey work producl
and records which are otherwise privileged under state or federal law.
N. Regular Proeram Activity: includes work assignments, education programs,therapy,
health services, and daily living activities.
O. SOLA: means the DDD consumer support program, State Operated Living
Altemative.
P. WPAS Client(s):
(l) Individuals with developmental disabilities who do not !a.ve a guardian.or
iegal representative and who indicate either orally or in writing to a WPAS
employee that they want WPAS to represent them'
(2) Individuals with developmental disabilities without guardians who .are
unable to communicate their wishes regarding protection and advocacy services
when WPAS has received a complaint of abuse and/or neglect about the individual
with a disability, or W?AS dctermincs that there is probable cause to believe that the
individual with a developmental disability has been abused or neglected.
(3) Individuals with developmental disabilities who have a guardian .or legal
iepresentative where the guardian or legal representative has consented to the
representation in writing.
(4) Individuals with developmental disabilities whose guardian or legat
iepresentative fails or refuses to ait on behalf of the individual *iF u developmental
diiability, despite being contacted by WPAS, after a court has determined that the
guardian has failed or refuses to act.
(5) A WPAS client does not include those instances where WPAS represents the
guardian. WPAS shall notify the DDD Regional Administrator or designee in
i,niting that it represents the individual with detelopme{a! disabilities and forward a
copy 6f ttrat notice to either the guardian or the individual with developmental
disabilities.
a. WPAS Employees: includes paid employeqs-an{ volunteer employees as identified
by WPAS. Each employee shall carry WPAS identification.
Access to Programs.
A. DDD will not obstruct WPAS access to programs when consistent with the law and
will ensgre that SOLA and other programs staffed by DDD employees will comply with this
agreement. For programs which contract with DDD to provide services, DDD will not
3COMMLNITY ACCESS AGREEMENT
IV.
obstruct WPAS access to pro$ams when consistent with the law, but WPAS will assume
primary responsibility for enforcing its access rights. WPAS will attempt to resolve access
issues at the lowest level possible. In cases where there is danger of imminent or continuing
harm to an individual with developmental disabilities WPAS will report the occurence to
DDD, consistent with the Washington State Bar Association Rules of Professional
Responsibility and other applicable state law. ln those cases and wherelhere is_a pattem of
failrire to provide access for WPAS to a progam or DDD consumers, WPAS will report this
failure to DDD, and DDD will respond by investigating the allegation of failure to provide
access and will take appropriate actions.
B. WPAS staff will identifr themselves to any staff present when they arrive qt a
program by showrng a WPAS photo identification badge. WPAS shall provide the DDD
direltor with a list of employees and their pictures by July l, 1997, and WPAS shall update
this list as necessary.
C. WPAS shall have access to SOLAs and other programs staffed by DDD employees
as specified in this section. This agreement does not affect the rigtrt of an individual with a
dev6lopmental disability served by such a program who owns ot rents his or her own home
to deny access to WPAS to his or her home. However, DDD gmployees.do not have_the
right to deny WPAS access to programs or the residences of individuals who are served by
proErams.
D. WPAS staff shall have access to all programs when WPAS has received a complaint
or has probable cause to believe than an incident ofabuse, neglect, or other rights violation
has occurred;
E. WPAS staff shall have access to all living areas of SOLAs and other programs
staffed by DDD employees during regular business hows for the purpose of providing
informati-on on legal rights and self advocacy to the individuals with disabilities who
participate in the program. During the comse of such access, WPAS staff shall be allowed
in englge in informal discussions with the individuals with disabilities, out of the presence
of DDD employees or others, in atr area that affords privacy.
F. W?AS staffmay visit any location where residents are served by DDD employees,
where the purpose is observation or monitoring compliance wtth respect to the nghts and
safety of iervice recipients (CFR 1336.22(9)(2)). Such, observqtign and monitoring
activities need not be limited to clients of WPAS, and WPAS staff shall not be required to
s{-:hEdule trr give prior notice of such visits tu DDD enrployees, provided that WPAS hzu tlv
permission of a DOO consumer. WPAS staff shall _be permitted to monitor.the prggr{n
without an accompanying DDD employee. WPAS staff shall conduct all monitoring
activities in a manner which is respectful of the privacy of the individuals with disabilities
who reside in the monitored program.
Access fo IndMduals with Dcvelopmental Disabilities.
A. WPAS staff will be provided access to their clients in the same manner as such
access is provided to privately retained and/or court appointed attomeys. DDD shall assist
and support rhe professional relationship between WPAS and its ciients. Written consent
for such access is not required.
B. WPAS recognizes that all individuals with developmental disabilities have the right
to refuse to talk with WPAS, to have a third party present during the interview, or to
reschedule the appointment for a more convenient time. WPAS shall advise their clients
and other indivi<iuals with developmental disabilities with whom they have contact of these
4COMMUNITY ACCESS AGREEMENT
rights before each meeting. A person who does not wish to talk with WPAS staffshall be
al"lowed to communicate *ris directly and privately to WPAS staff unless h9 9i s\e overtly
**it"rtr fear of being alone wittr ttre WIAS staff. When the individual with a
developrnental disability-overtly manifests such fear by words or behawo\ WPAS shall
r"rp*"f thut person's desires and not meet alone with that person.
C. WPAS will encourage its clients and other individuals _wit developmeltal
disabilities to notifu DDD and/or providers of complaints regarding DDD services and to
resolve those complaints through any existing dispute resolution process.
D. WPAS stalt'shall comply with all satety and security requirements of DDD. DDD
will communicate these requirementsto WPAS staff.
E. DDD employees shall not interfere with WPAS staff in obtaining. a PltySte space fbr
meetings between lWaS staff and individuals with developmental disabilities. Private
soace dloes not mean a comer of a common Euea room or other location which would afford
dther residents and DDD employees open access to WPAS employees^ in living.areqs o.r.on
the srorrnds. DDD employee.s sidl respect the confidentialify needs-of the individual with a
JerrElopmental disability ina WpAS. iWhere an individual with a dryqlgnme$al.disability
inai"utirr that he or she does not want to meet in a private space, WPAS staff will respect
this request.
F. WPAS staffwill not be required to schedule visits with DDD employees in advance
of m"ir visits. However, WPAS staff may contact DDD employees to do so if access to a
WpeS client or other individuat with a developmental disability will be facilitated due to
the individual's daily activities'
G. WPAS staff shall have the right to unaccompanied access to any SOLA or program
staffed by DDD employees, and acceis to an_y indiviilual WPAS client or DD consumer they
are authorized to sewe, subject to the following limitations:
(l) While WPAS need not notify the DDD employees.prior to meeting with its
client or DDD consumer, WPAS agrees not to disturb a client or DDD consumer if
the WPAS employee arrives at the iesidence or other building in which the client or
DDD consum6r ii served and rhe client or DDD consumer is engaged in regularly
scheduled program activity. In such case, WPAS staff will
-b^e
permitted to observe
or otherwiie vlriry *re programming without disturbingit. qyPAS staffpresence
disfirbs or is objected tb bt tre UfFaS client or any other. DDD consumer who is
present, WPAS-staff shall'make arrangements to meet with the WPAS client or
bDD
"ons,.mer
at a later time. Where consulted prior to making an appointment,
DDD employees will cooperate with WPAS staff in making scheduling
anangements. The WPAS erirployee shall not disfurb nor intemrpt*the activity. If
the ictivity is confidential, WPAS shall obtain the client or DDD consumer's
permission to observe the activity or shall respect the client or DDD consumer's
iight to privacy. W?AS statf wif then erther wart untrl the acttvtty ts completed or
rri"n"a,it" the visit at a time that is mutually agreeable to WPAS staff and its
individual client or DDD consumer, no later than 48 hours later'
(Z) If the WPAS employee arrives for a meeting yth a client or DDD consumer
i"a tn individual is actively aggressive, in programming to address this behavior, or
receiving "onejto-one" sulerilsion, in such- a situation, WPAS staff will be
permitte"rl to observe the individual from a safe distance or otherwise verify that the
indiuiau* is actively aggressive. WPAS staffwill then eitlter:
)COMMI.INITY ACCESS AGREEMENT
V
(a) wait until the individual's aggressive behavior.has*lEDed and be
permitted to meet with the i$ividryl .privately wlrile-DDD employees
remain in viewing distance; unless such distance would place the lndividyal' with developmental disabilities at serious risk of harm based on that
individual's documented behavioral issues; if the individual would be at
serious risk of harm, WPAS and DDD shall work cooperatively to address
WPAS need for confidentiality with the individual's need for safety;
provided that any such interview does not interfgre with the individual's
behavior Support Program, Individual lrogrqrg Plan, Individual Service
Plan, or oth6r program plan, nor interfere with staffing needs for other
individuals with deietopmental disabilities; or
(b) reschedule the visit at a time mutually agreeable to WPAS and DDD
employees, but no later than forty-eight (48) hours;
(c) if the WPAS statr is notified that an individual is either actively
aggressive or receiving one-to-one supervision and if knowing this the staff
cfi6oses to meet with t[e individual, WpaS agrees to release, indemniff, and
hold DDD, DSI{S, the State and its employees, agents, officers, and servants
harmless for any iqjuries that occur hom any claims or cause of action
asserted by my WPAS employee or agent who is i4jure{ as a result of a.nl
act committedby an individual with developmental -disabilities -except that
those circumstances where DDD employees' willful misconduct is the
proximate cause of the injury to !VPAq:em^p^loyee.or agent. WPAS agrees
ihat its staff shall sign a ftar-ement to this effect-prior to requesting to meet
with any such individual. If the WPAS staff refuses to sign such an
agreement, DDD employees may deny the WPAS s(aff access to the
iridividual.until such tim6 as DDD employees determine that safety to the
WPAS staff is no longer an issue. When a WPAS staff member elects to
meet with an individual who is actively aggressive, it is neither negligent nor
willful misconduct for a state employee to allowthe meeting to take place.
H. All individuals with developmental disabilities who wish to contact WPAS staff
shall be provided uncensored access to writing materials, WPAS' address and toll-free
telephone number, a stamped envelope, and/or access to a telephone for private
conversations rvithout rnonitoring by or permission from DDD employees.
I. SOLAs and progr"anr staffcd by DDD cmployecs shall pcrmit individuals with
developmental disabilitiJs to set appointments with WPAS staff at times agreeable to both
the individual with a developmeritll disability and WPAS staff. If the DD_D employees
know that a meeting with i DDD consumer will be disruplive of the DDD consumer's
regular program acti-vity, WPAS staff shall be informed of this and allowed to reschedule
tnJ appdintilrent in order to meet with the DDD consumer so that the appointment does not
disrupt his or her regular activity.
Access to Records of Individuals with Developmental Disabilities.
A. WPAS has access to records as provided in 42 U.S.C: $ 6042, et. seq. WPAS has
lesal authority to review an individual with developmental disabilities' records only whe.n
thEre is consent or, if a DDD consumer is unable to Consent, there is a complaint or probable
cause to believe a DDD consumer has suffered abuse or neglect. WPAS has no general
right to review records except in these circumstances.
6COMMLNITY ACCESS AGREEMENT
B. Upon receiving a valid, written consent, DDD will have 48 hours in which to
schedule an appointrnent with WPAS so that it may come to the record location to review
specified recoids. DDD will veriff that WPAS has received consent to view such records,
oi if the DDD consumer is wrable to consent and tlrere is no guardian to consent, that there
is a comolaint or probsble cowe to believe the DDD consumer has suffered obwe or
neglect. bnn snAi make the requested records within its possession available within five
working days from the date the request is made.
C. WPAS may access records of:
(i) any DDD consumer if he or she consents, or if-h9 or she-has a legal guardian
rlvith ttre power to consent for the DDD consumer and that guardian consents;
a) the DDD consumer or guardian shall give written authorization for access
on a form approved by WPAS and DDD jointly.
(2) wry DDD consumer:
a) who by reason of his or her mental or physical condition is unable to
authorize WPAS to have access to their records;
b) who does not have a legai guardian, conservator, or other legal
representative, or for whom the legal guardian is the state; and
c) with respcct to whurrr a cunplairrt has been reueivetl by WPAS ur with
respect to -whom, as a result of monitoring or other activities there is
probable cause to believe that such individual has been subject to abuse or
neglect.
d) If records are requested pursuant to this section, the request shall be in
writing and will state that the resident, by reason of his or her mental or
physical condition is unable to authorize WPAS to have access to his or her
iecords, does not have a legal representative, and that a complaint has been
received by WPAS with respect to the DDD consumer or that there is
probable cause to believe the resident has been subjected to abuse or neglect.
The DDD case manager will make a detennination regarding whether a
DDD consumer is able to consent to access within 3 working days, except in
csse of an emergency,
(3) In the case of a resident who has a legal guardian, and upon request by
V'rPAS, DDD will provide WPAS with the name, address and telephone number of
the legal guardian by 5 p.m. the next business day so that WPAS can contact such
representative and offer its assistance. If the guardian has been contacted by WPAS
ana AiteO or refused to act on behalf of the individual WPAS has received a
complaint suffrciently that sufficiently identifies the individual or WPAS has
probobl" cause to believe that the health or safety of the individual is in serious and
immediate jeopardy, WPAS shall obtain court approval for such access.
a) If a guardian refuses to consent to allow WPAS access to records, and
WPAS itill wants access, WPAS will file a lawsuit to access the records and
allow a tourt to determine whether the guardian has failed or refised to act
on behalf of the DDD consumer. WPAS agrees to provide legal notice to
DDD of any such proceeding. If the guardian refuses to provide written
7COMMUNITY ACCESS AGREEMENT
VT.
consent for WPAS to access the records, DDD shall not make the records
available absent a court order.
b) WPAS shall attempt to contact the guardian to obtain consent. Unless an
emergency exists, ttren WpAS shall contact the standby guardian if one has
beentesignated. If no standby guardian is appointed and the. guardian is
unavailabl*e, and WPAS determines that the DDD consumer is at risk of
serious injury or death, DDD shall make the records available to WPAS to
review.
D. WPAS saffmay review the requested records within normal business hours in the
building or room in which such records-are provided. A DDD emplgryggayremain in the
roo- *itile tlte records are viewed. Under no circumstances may WPAS staff remove the
original records, or any part thereo{ from the room where they are viewed.
E. WPAS agrees to reimburse DDD for the costs of copies.at the same rate.charged for
public disclosurJrequests, currently $.15 per page. When feasible, copies will be provided
tn th. day the copies are requested. Iflhaa is not possihle, DDD will make the copies
available within l0 days of the request.
F. WPAS shall request guardian information or access to DDD consumer records of the
bnn Regional Administritor of the region in which the DDD consulner resides'
Thereafter] their contact regarding that DDD consumer shall be the regional administrator,
or his or her designee. DnO Jhalt provide WPAS a list with contact information for
purposes of access io records. DDD agrees to update that list at least annually.
G. In order to access DDD records, W?AS will send a written request directly to the
DDD Regional Administrator or designee in custody of the records. In the-request,_WPAS
*in ia"niify the individual whose rec-ords it seeks. WPAS need not identiff the. individual
by name, 6ut must sufficiently identifu the individual so that the person reviewing -the
r.iouest can determine whose records are being sought. WPAS will specify which records it
*iitr *Jfoiwhich time periods. WPAS wil atso indicate that it has 19c9!ve{-a comp_laint
conceming the individual io that it has probable cause to believe the individual has suffered
abuse or n?glect. WPAS need not fir:ther speciff the nature of the complaint nor who made
the complaint.
H. In the event DDD denies access to records pursuant to a request, WPAS staff may
request that the denatbe in wnting and include the reason for the denial.
L WPAS will limit its request to records it considers necessary to accomplish its
investigation. DDD may r"queit that WPAS specifically identi$ the records that it is
seeking if the request is too broad or voluminous'
Outreach.
A. All individuals with developmental disabilities shall have access to WPAS staff for
ih" p,npor" of obtaining informatioir about their tegal $q!!3nd self-advocacy' WPAS staff
sfrAi U.i allowed to engige in infornral discussions with DDD consuulsrs who wish to speak
to them out of the presence of DDD employees in an area that affords privacy.
B. yPAS may hdve regularly scheduled information/training sessions. $. ?PD
"onr,,-*rt and parents/guardifrs/faririly members regarding WPAS' services and individual
rishts. DDD employeel may attend outreach and scheduled information sessions only with
adlvance written permission of WPAS staff.
8COMMLINITY ACCESS AGREEMENT
C. DDD agrees to give WPAS a list of all current DDD consumers and their addresses.
DDD wiU provide WPAS an updated list annually.
D. DDD agrees to provide DDD consumers with notice of WPAS services at the time
of application for DDDservices. WPAS will provide DDD with copies of their brochure
and/or any other information they want DDD to distribute at that time'
E. DDD agrees to require contractors to comply with 42 U.S.C. $6000 et. seq. and 45
C.F.R. Parts 1385-86 by iircluding the requirement in confracts. Current contracts will be
amended to include thisrequirement when they are renewed-
VII. Authority to Investigate Allegations of Abuse and Neglect.
A. W?AS shall have unaccompanied reasonable access to DDD consumers and
facilities when necessary to conduct a fuil investigation of an incident of abuse or neglect-
This access shall includ-e the opportunity to interview any individual with a developmental
disahility, any DDD or providii employee, or any other persol whg might be reasonably
believed by WfeS m hbve knowledge of the incident under ir_rlestfta|qt and to review
what WPAS is entitled to review pursuant to this agreement. WPAS shall be permitted to
do its own investigation ofallegations ofabuse or neglect regardless ofany pending action
or investigation by the State or any other individual or entity.
B. WPAS' investigations shall not interfere with any other ongoing investigation'
UPAS employees shal-l not visit areas at times that would violate any person's right to
pnvacy.
C. DDD shall ailow and encowage all employees and providers to talk openly with
WPAS employees. WPAS will not ask siaff to disrupt their _-1p1k^ schedules or
responsibilities'to talk with WPAS. Except in cases of emergency, WPAS will schedule
appointrnents with staff in advance'
D. While DDD and provider employees shall be encorqqge{ to cooper.?te with WPAS,
employees have the righi to refuse to tatt wittr WPAS. WPAS shall notiS employees of
thai right prior to any anempt to interview them.
E. Any complaint concerning WPAS staffshall be immediately brougtrt to the attention
of the WPAS Ex'ecutive Director or his or her designee. Upon receipt of a complaint, the
W?AS Executive Director or his or her designee shall conduct an investigation and submit a
written response to the State within fourteet(I4) days in an effort to resolve any- complaints
as expediently as possible. DDD reserves the right to file formal charges if the behavior
places a DDD consumer's health or safety at risk.
F. WPAS shall inform DDD and providers, in writing, of its findinE! and concems
upon completion of any investigation ?clivity undertaken pursuant to its authorlty under 42
tj.S.C. $ 6OOO et. seq., and ttt" aicess rights granted to WPAS in this aryeeTe.nt, in an effort
to resolie DD5Jon-s-umer complaints -or concems prior to commencing litigation, unless
WpAS bclieve that sush delay wbuld result in serious injury or harm to the DDD consluncr'
WlL lmplementationofthe.Agreement.
A. The DDD Director shall enswe that each supervisor will conduct an annual meefing
with his or her staff to provide information regarding the parties' rights and -ryslonsibilities
under this agreement. tfte pnO director shalfensurE that each employee of DDD has read
9COMMTNITY ACCESS AGREEMEN'I
IX.
and signed a copy of a form indicating that they have read this agreement at the time of hire
and at"the time of hisiher annual eviluation.
'DDD and WPAS shall develop a mutually
agreed to summary of this agreement for use in informing DDD employees of the parties'
ri-ghts and responsibilities. When DDD and WPAS develop-and agree regarding the content
oithir summarry" DDD employees shall be required to read the summary, rather than reading
this agreement, and acknowledge that they read and understood the summary with a
signattre.
B. The agreement is effective as of the date it is signed.
C. DDD agrees that having an agreement in place that would govem WPAS and DDD
provider relationships is approp-riate. -This agreement will affect contractual relationships, so
it will be negotiated with iioviders prior to implementation. Thiq negotiation wi_ll take place
during the 1997-1998 pro:vider contract negotiations. DDD will request qP4S review the
propo-sed contact langi:age prior to confiact signing Py pOn. Thg Sqal of this negotiation
irrof"rs will be to aiiv6 at an agreement whigli implements thq fedgral statutory..and
iegulatory requirements in a mannei consistent wilhrhe,p.Loyision of quality, individualized
*"irice* ind supports to people with developmental disabilities living in the community.
D. The DDD director will make changes as necessary to implement this agreement by
september l, !997, and prior to implementing changes will confer wiih WPAS.
E. WPAS and DDD agree to work together 1o s5sist providers in becoming flguliar
with WPAS access to programs. DDD agrees to host a forum in each.region to familiarize
providers with the access provisions. WPAS agrees to make s{atravqlle as.presenters at
iegional forums, and otherwise as mutually agreed to with provide.rs. DDD will distribute to
pr6viders a summary of the access provisions. This summary -will be prepared by WPAS,
ima wru be subject to the review and approval of DDD prior to distribution.
Miscellaneous.
A. WPAS agrees that its staff shall not give medical advice and sh41 not engage in the
practice of mediline. It is WPAS' intent and purpose to give legal advice. For example,
'WPAS will not tell DDD consumers not to take medication or that medications are wrong
for them. WPAS will not discourage individuals with developmental disabilities from
participating in programs or activitieJ. WPAS. lnay e-xplain. DP? consumer. legal rights
including ttt'" right to informed consent, their right to be told of the risks and bEnefits of
medication or iredical procedures, their righi to refuse to take medications and the
orocedure to follow if the-DDD consumer does not wish to take medications, and their right
io refuse to participate in experimental programs or research, all as guaranteed under state
and federal law.
B. WPAS agrces that there are some DDD consumers who are identified as medically
fragile or to havJbehavioral concerns that require constant monitoring. -if WPAS requests a
meEtins with such a DDD consumer and DDD determrnes that the IJUD consumer caffiot
be leftirnsupervised with a WPAS employee, a DDD or provider employee shall.be pts:lt
during any meetings. If DDD consumers are hospitalized due to^medical conditions, DDD
t-rr priviltr eurplJyees rnay rcmain within viewing distance if necessary for the DD^D
consumer's heafih dnd safety. The employees will not interfere with the meeting 9l9ept for
medical reasons and will respect the DDD consumer's privacy to the extent possible given
his or her medical needd.
COMMLINITY ACCESS AGREEMENT l0
x.
C. This agreement delineates the usual process by whlch WPAS and DDD will work
together. In s6me situations, it may be necessary to amend these procedures. WPAS and
DDD may agree to modi$ these procedures as necessary tbr any particular situation.
Dispute Resolution'
A. WPAS and DDD agree that informal resolution of disputes is preferred. If WPAS
staff and the DDD Regional Administator or designee are unable to agree abor{ a1_ rssue
regarding interpretation or application of this agr_eem€ntr .tirey will request the lilPAS
Eiecutivl Director and the DDD Dhector review the situation and attempt to resolve the
disagreement.
B. The Directors Meeting and Mediation process are mandatory for both parties.
The only exception to this term of the agreement is where WPAS, in good. faith,-has
probabld cause to believe that there are
-exigent circumstances warranting immediate
iccess. Such circumstances are defined as "emergencies" as defined in the access
agreements. In such cases, the WPAS Executive Director or his or her designee shall
c6ntact the Director of the Division of Developmental Disabilities or his or her designee;
and/or Office of the Attomey General to attempt to resolve the dispute. If the exigent
access dispute is not resolved by the end of the following.business day, WPAS.may
immediateiy take any necessary legal action, including seeking a temporary restraining
order and preliminaiy injunction br an order to show cause in order to secure the
necessary access without going through the ADR process discussed herein. When WPAS
does tak6 such action, it shall give the Office of the Attorney General advance notice of
such action by telephone and facsimile.
C. In thc cvcnt that thcrc is an acccss disputc rcgarding any aspcct of thc Acocss
Agreements between WPAS and DDD (Community), the aggriev"q party shall send written
no-tice to the director of the other party (e.g. WPAS Executive Director, the Director of
Dl)D, or their designees) of the diipute and the desire to meet to attempt to resolve the
dispute. The DDD director (or his/trer designee) shail meet with the WPAS Executive
Difector (or his/her designee) within ten days after receiving wriften notice form the
aggrieved party. The date of receipt of notice shall be in accordance with Civil Rule 6 of the
Wlstrington Lourt Kules. lhe meeting may take place rn person or telephonically., 'l'he
parties have the right to bring their counsel to the directors meeting, howevet it is the
breference ofthe parties not to have their counsel present. In the event a party intends to
irave his or hcr counsel present, that party will advise the other parly of this intent in advauce
of the meeting. However, when eitlier director (or his or her designee) is an attomey, it will
be understood and expected that the other director may have his or her attorney present
rvithout prior notice.
D. In the event. that the access issues are not resolved by a meeting between the
Director/CEO and Executive Director of WPAS or their designees, the parties agree to
attempt to resolve the dispute through mediation absent exigent circumstances as described
in paragraph l. An available mediator from the mutually agreed upon Mediator Panel list as
described below will be used to conduct the mediation.
Mediation will be scheduled to occur as soon as possible following the directors
meefing, but will occurno later than 30 days from the time mediation is agreed upon by the
parties, absent written agreement by both parties to extend this timeline. The me{iation may
iake place telephonically or in any manner the mediator believes will be efficient and
conducive to a productive mediation. If, at any time during the mediation, either party
declares an impasse, the mediation will end. 'lhe parties are then encouraged, but not
COMMLTNITY ACCESS AGREEMENT il
required, to arbitate the dispute. The costs of mediation shall be bome equallY !f thg
parties. If no litigation results within 90 days of the completion o^f mediation, WPAS shall
ilthdraw its access request. Nothing, however, prevents WPAS from renewing its request
in the firture should that become necessary. In such event WPAS renews the request, and
that request is denied by the State, the ADR process will begin again.
E. Within 90 days of the execution of this agrcement, the parties shall select a panel of
at least 4 mrrftlally agreeahle mediators. There will be two separate lists: one fcrr WPAS and
DDD and one foi WPAS and the MIID. The parties agee that any one of the selected panel
members will mediate all disputes related to the Access Agpeement. However, the parties
will rotate the order of contaCting the panel members for each mediation in a nonshategical
manner.
ln order to select this panel, within 60 days of execution of this agreemenl, the
parties will each propose at leasl 4 mediators. The parties will exchange, via fax, tleir list of
broposed mediators ana me mediators' curriculum vitae and any other necessary facts such
as iost, mediation rules, etc. If the parties cannot agree upon at least 4 mediators from the
first exchange of lists, the parties-will exchange additional lists of mediators until an
agreement can be reached. However, a final agreement must be reached no later than 90
d-ays from the date of the settlement agreement of this case absent written agreement for an
extension ofa specific amoult of time.
Any party may strike a mediator from the list except that a parly may not strike a
mediator from tti.: panel once the mediation process has been initiated to resolve a dispute.
lf a parly strikes a mediator hom the pandl, that mediator will be replaced by another
mediitorusing the same mediator selection process as described above.
F. In the event that the access issues are not resolved through mediation, the parties
may agree to attempt to resolve the dispute tkough arbitration. Written agreement to
prot""f, to arbitrati6n must be made within frve working days of the completion of
mediation described in Section B Arr available arbilrator from the mrrhrally agreed trpon
Arbihator Panel list, as described below, will be used to conduct the arbitration of the
dispute. Arbitration will be scheduled to occur as soon as possible, but will occur no later
tha; 45 days from the time arbitration is agreed upon by t\e parlrqs, absent written
asreement bv both parties to extend this timeline. Prior to the time of final agreement to
#bitrut" the dispute, the parties shall agree in writing whether the arbitration decision will
be binding or advisory, anO if advisory, whether that opinion is -admissible in court. If no
iitigationiesults withih 90 days of the-completion of this arbitration, WPAS shall withdraw
its -access request. Nothing,- however, prevents WPAS from renewing its request in the
future should-that become necessary. In-such event that WPAS renews its request, and that
request is denied by the State, the ADR process will begin again'
G. Within 120 days of the execution of this agreement, the parties shall s_elect a_panel
of at least 4 mutually agreeable arbitrators. The parties agree that any one of_the selected
panel members will-arbitrate all disputes related to the Access Agreement. However, the
burti". will rotate the order of contacting the panel members for each arbitration in a
nonstrategical manner.
In order to select this panel, within 60 days of the execution of this agreemenl, Fe
oarties will each propose at least 4 arbitrators. The parties rvill exchange, via fax, their Iist
Lf nronosed arbitrators'and the arbitrators' curriculum vitae and any other necessary facts
.uitt ui cost, etc. if the parties cannot agree upon at least 4 arbitrators from the first
exchange of lists, the parties will exchange additional lists of arbitrators_until ir1agreement
can beieached. Flowbver, a final agreement must be reached no later than 120 days from
COMMUNITY ACCESS AGREEMENT t2
the date of the settlement agreement of this case absent written agreement for an extension
of a specilic amount of'time.
Any pary may strike an arbitrator from the list except th* apqrty ntay not strike an
arbi[atur frour the pzutv1 r.lruc ths at'bitratiurr pruuEss has bccu ilitiatcd tu rvsulve a dispulc.
If a party strikes an arbitator from the pandl, that arbitator will be replaced by another
arbitiatoi using the same arbitrator selection process as described above.
H. The timeframes for dispute resolution shall be as detailed above. Any timeframes
not described in this proposal will be those set out in the current relevant access agreements.
Any timeframe may be extended by written agreement of the parties.
I. The parties agree they will abide by the timeframes contained in the Access
Agreement and this settlement agreement. The parties may mutually agreeto extend any
tirieframe. If a parfy fails to act or respond within the allotted time, the other parry may
request appropriate sanctions be imposed as provided by law or civil rule'
7 /00' /- "il
Date
Director
Division of Developmental Disabiiities
.r I fit!,0,t\{
MARK Date
Execrrtive f)irector
Washinglon Protection & Advocacy System
COMMTINITY ACCESS AGREEMENT IJ
0",.,llU-9
{tlev. March 2024)
lleprrl,nonl ol lh6 Trdasuay
Attachment G
Request for Taxpayer
ldentification Number and Gertification
Go to wwn/'irs.govlFarmwg tor inatructions and the latest intormation.
Givs form to the
requester. Do not
send to the lRS,
Itrtdrnal Rovonuc Soryico
Betore you For relalsd to ths of Forn W-9, sae Purpase of bolo!.J.
t Name ol entity/individuel- /\n enlry is .qquired. {For a sole prolretor or disregarded tntity. entcr tho ot'/n€y's Fame on line 1, and enler ihe c{sinessldisreqarded
erJty'E nafle on lil1e ?.)
2 Susino*s name/disrooarocd ortily raM, if ditfersnt trom abovo.
4 Exompiiof;r (codar npply onlytq
certain entitiee, not in{lividual$:
see inslnrclp4s on page 3,:
€xc6ot payec code {if any)
Exemptk)n 1106 ForeigrJ Accoltrt Tax
Conplianco Act {|ATCA} rdporli.g
codo (it sy)
(Applios to accdrtls ntaitlainod
N*ide the Uniteci Statas.)
Reqtieslet's n.trte and drJ(lro$s {ootiohal}
ci
oo6oco
OEo-o>E
OE
Co
ooU'
oou,
7 i st dc.x)url .rnntpr(G) here {(}ptiotral)
Number
Enter yot'r TIN in the appropriata box. 'lhe TIN provided
'nust match the name given on litre 1 to avoid
backup lvithholdine. For indivirJuals, this is gonorally your social socurity numbsr {SSN}' l'lowaver, for a
residenl alien, $ole proprietor, or di6.egarded eniily, see the in$lructions for Part l, ,.tlcr. For other
entities, it is yoirr smployer id€ntilication nurrber (ElN). lf you do nol have a rurl)ber, see How to gel a
ftN. Iater.
Note: lf tho accorrnt rs irr more than one naiTle. sec the instructiolrs for line 1 . See also What Name and
NumbarTa Give the Requestet iat guidoline$ on whose nl,mber 10 enler'
or
Under penalties of perjury, I certifi/ that:
1 . l he nrmber shown oF thrs forn is Ey ccrrcci taxpayer rdenlification number {o. I am rvaating lor a nutnber to be issued to meJ; and
2. I am not subjer)l to backup rvithholoing b{.'ca!se (a} I arn exenpt frof backup withholdirrg, or (bi I have rol been notified hy lhe lqiern[l Rr)i/onuc
Se/vjce {lR$} that I afi1 {iubiect to backup \,r'irhholding as a re$ult of a failure to report all inte.est or divideRds, or (c} the IRS has notilied Ine lhal I atr}
no:onger sub,trt to backup wilhholdingi and
3. I arn a U.S. cilizon or other U.S. oerson {defined be,orv}: and
4. The FATCA codels) entoted on thi$ form (if any) indicating lhai I atn exempt from FATCA reporling it oorrect.
Certlllesllon instrucllons. Ydu rnust cross out ;tern ? ailovc if you hsve been no!ified by lire IRS ihat you are currently srlbject lo backup withhoklifig
because you have iarled to report all interest and dividends on your lax retur0. For real esiaiB lransaclions. iteln 2 does nol appiy. For mortgage inlerosi Oaid,
acquisition ar abandonment ol strured propelty, cancellalion ol debt, coilributior]s io an individua! retir€meni anangernent {lRA}, and, gerrerally, tlaymenis
3a Cl$ck lhe appraPrialg Qox isr tcderai ltt c,a$9fic;ltror! af lhe gtl'ly^ndllxJrral \'/hose ndrlc ii enlers' on hlle I Ch6ck
only onq of tho foilolvnq s€von ltoxos.
f] 'rldiviclu.y6olsproDrictor I Ccorporalion E georpo'atioD I Partncrship I Trusvcstato
f] LLC,enlcrlhetaxclflsiilicalior{C=Ccorpo.iltio|,S=gcorporation,P=Pa.tnq.$hip}
Note; Chtrk lie "LLC" box abqve iqd, it1 lilc entry spdce, eller lhe al)pr.rprlate code (C' S, or P) tor the lax
:;h$iitlcation ot th€ LLC, unlcss lt is a disrp-gadod olltlty. A digrogard&l oltily should insisnd chsk lllo aopropriat.r
box tor ihe td classification ol ilg orvrraa.
f] othtr {$s6 irsirucl'ons)
3b ;t on lins 3a you .hocked "l'adnorship" or "Irlisusslate," or clscked "LLC'and ont€red "F" .s rts iax classification.
snd you a.e tJrgviding ihig lors to a pidnerghrp, lruB:, or egtale in which yo! hille an gsrersrip Inleresl, check
llris l)ut rl yot, have try l{trel$rl I}ilrl4eF, ov/rrcfs, r)r tEilclrclat es SpF llstr.rr:'iorls n
5 Arirress inlnnber, rlr€e1, and spl, o. iuile ilo.i. See hslrtrcllons.
6 City, state, and ZiP code
number
Part I
olhor lhan int€rest and
Sign
Here
Sagnaturo ot
U.S, gsraon
arc not the cerlitication, but must mrreci TlN. Ss lha lnslruciions for Parl ll, iater
General lnstructions
Section re{erences are to lhe luiental Revetlue Code urrlegs otheffiise
noted.
Futur€ devslopmonta. For the latesi informaliorr about developtnent$
relate(, to Fortr W-9 and it5 it1$trlrctiorls, such a$ legislation erlacted
aiter ihey were published, go lt) ww-irs.gov/Fonnlr/g,
What's New
Line 3a las been rnodilied to clality how a disrogarded entity completes
thrs lino. An l-l.C ihat is a ejisregalded enlity shotlld check the
appropriats oox for ihe lax ol.rssification ot ils; ovrner. Olhen(iso, it
should check lhe ''LLC'' box and etller its ilppropr;3te tax clrrssificarior!.
Data
Novg line 3b hoii b6en add6(1 to this fonn. A flolt-through crrlity i.',
reqrii.ed to cornplel€ this line to indicate that it has di.ect or indirect
foreign partners, o\t/ners, or beneliciaries vhetl it provides the Fonn W-9
to another tlow-throuqh onlity in which it has an owrership intsrest. This
change is intended lo provide a llow-through eniity vi ith rnformalion
rdgarding lho strlus ol ilg indirecl torsign Qarlrlor$, 6\T 116r$, or
benellciarigs, so ihat it can satisly ary applicable teporting
requirernerrts. For example, a partlrership that has any indireci toreign
partr-.ers may be required to complcte Schedrrles K'2 ar:d K-3. See the
Farlnership h$trucllons for Schedules K"2 t:ncJK-3 {Form 1065).
Purpose of Form
An irrdividua, ol $frtiiy (Fofin W-s rerlttesleri wlro is required td file ao
,nfonnation retilrn wilh the IBS is giving yoL this form because they
Cal. No. l{)2il:X
Kittitas County Agreement for Services (rev.5/7a/251
Page 16 of 21
Fom W-g lt1e? 3'2c24i
Form W-9 {R€v- 3-20241 ?lqe2
musl clltain your correct taxpayer :dentification number fIlN), which
may be your social security number {SSltl}" individual taxpal'er
idenlification number (lTlN), adopiion taxpayer identification number
(ATIN)" or employer :denlilication number {Elll}, to reptrt on an
information rotum the amount paid to you, or olher arnount reportable
on an :nformation retum. Examples of inforrnaiion re{ums include, bul
are not limiled io, the following.
. Form 1o99{NT {interest eamed or paid),
. Form lO9g-DlV (dividends, including tftose frcrn stocks rr rnutuaf
funds).
o Form 1099-MISC {vadous types o{ tnf,ome, prizes, aviards, or gross
proceeds).
r Form 1099-NEC {nonemployee campensation}"
r Form .1o99-B
{stock or mutual lund sales and celtain other
iransactions by brokers).
. Form 1r99-S {proceeds fiom real e$tate lransaclionsl.
r Form 1099-K {merchant card and ih;rd-party net'ruork transaclions},
. Form 1098 {home mortgage inleresll. 1098-E {student loan interesl},
and 1 098-T (luition).
. Form 1o99-C {canceled debt).
o Form 1o99-A {acquisition or abandonment ol secured proPr!/.
Use Form W-9 only if you are a U.S. person {including a resident
alien), to provide your conect TlN,
Caution: lf you don't retum Fonn VV-9 to the requester {,'ilh a TlN, you
might be subject to backup withholding. See What is backup
withholding,lelet.
By signing the filled-out forrn, you:
1. Certify that the TIN ycu are giving ;s con€ct {ar you are waiting fcr a
number to be issued);
2. Certify that ytu are not subiecl to backup wilhhoiding: or
3. Clainr exemption from backup witfiholding i{ you are a U..$" erernpt
payee; and
4. Certify to your non-foreign stalus for purposes of '.'rilhholding alnder
chapler 3 or 4 oflhe Code (if applicableJ; and
5. Certifu that FATCA code(s) enlered on this form {if any} indicaiing
that you are exempt from the FATCA reporting is conect. See lShat Is
FATCA ftepofting, later, for further information.
Note: lf you are a U.S. person and a requester gives ycu a form other
than Form W-9 lo request your TlN, you must us€ lhe requester's form if
it is subslantially similar to this Foim W-9.
Definition ol a U.S. person, For federal tax purposes, you are
considered a U.S. person il you are:
. An individual rvho is a U.S" cilizen or U.S. tesidenl alien;
. A partnership, corporalion, company! or asstciation created or
orgxized in the United States or under the lavus o{ ihe United Stales;
. An eslate {other than a foreign estatel; or
. A dcmestic lrust (as defined in Flegulaiions seclisn 301.7/01-4.
Establishing U.S, status tor purposes of chapter 3 and ehapter 4
withholding, Paymenls made 1o foreign p€rsons, lncluding certain
distriburioni, allocalione of income, or transf,ers ol sales proce'eds, may
be subiect lo wilhholding under chaplet 3 or chapter 4 ol the Code
{sections 1441-1474). Under those rules, if a Forvn li,/-9 or other
certification of non-foreign slatus has not been received, a withholding
agenl, transferee, or partnership (payorl generally appiies Pr-esumptian
rules that may require lhe payor 1o lvithhold applicable lax trom the
recipient, owner, transleror, or parlner {payee.f, $ee Pub. 5'15,
Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons muet ptovide Form W-9 lo the payor for
purposes of establishing its non-foreign siatus.
o ln the case of a disregarded entity rvith a U.$. olcner, the U.5" owner
of the disregarded entity and not the disregaded entity,
r in the case of a grantor trust with a U.S. grantor or other U.S. ol'rner,
generally, lhe U,S. grantor or ather U.S. owner of the granlor trust and
not the grantor trust.
o ln the case of a U-S. trusl (other than a grantor trusll, lhe U.9" trlst
and not the beneficiaries of the trusl.
See Pub, 5 15 for more in{ormation on providing a Form lil-9 or a
certification of non-foreign status to avoid rtithholding.
Kittitas County Agreement for Services (rev.5/M/25)
Page L7 of 2t
Foreign person. lf you are a foreign percon or tlre U.S. branch oI a
foreign bbnk that has elected to be trealed as a U,S. percon {under
Flegulafions aection 1.1 441-1(b)[2](iv) or other appXicable seclion for
chapler 3 or 4 purpcses), do not use Form W-9. Instead, use the
appropdate Form W-8 or Form a233 (see Pub- 51 51. ll ycu are a
qualified foreign pension fund under Regulatiom seclion 1"897111-Ip]. or'
a parlnerstrip ihat is rvholly owned by qualified foreign p€nsion funds.
'that is treated ae a non-loreign person for purpcses of se€tion 1445
wilhholding, do not use Form W-9. lnstead, uee Fcrm W-8EXP {orother
c€rtification of non-foreign status).
Nonresident alien who becomes a resident alien. Genr*alfy. only a
nonresident alien individual may use the terms oJ a tar lreaty to teduce
or eliminate U.S- tax on certain types of incom€. However, ffost tax
treaties contain a provision known as a saving clause" E{cepliofis
specified in the saving clause may permit an exemption frorn tax to
cbntinue for certain types oI income even after lhe payee has stheruris.e
beoome o U.S. resident alien for tax purpoeee-
ll you are a U.S. resident alien who is relying on an exceplinn
contained in lhe saving clause of a lax treaty to claim an sxemptisn
from U.S. lsx on certain types ol income, you musl attach a statement
lo Form 1i/-9 that specifies ihe follorving five items.
1. The ?eaty country. Generally, this must be the same Eeaty urder
which you claimed exemplion fiom tax as a nonresident afien.
2, The ireaty article addressing the income.
3. The articlo numtrer {or location} in the tax trealy that conlains fte
gaving clause and ils exceptions.
4. The type and amount of inccm€ ihat qualifies for the exemption
lrom tax,
5. Sufficient facts :o iuslit the exemption lrom tax under the lerms of
the Eeaty a.ticle.
Example, Ariicle 20 ol the U.S.-6hina income tax t(eaty sllarvs an
exemptibn from tax for scholarship income received by a Chinese
etudent temporarily ptesent in the United States. Under U-S. law, lhis
sludent will become a residenl alien for lax purposes iJ their stay in the
Uniled 31a1es exceeds 5 calendar years. However. paragraph 2 of the
firsl Protocol lo the U.S.-China treaty (dated April 30, 19841 allDws the
provisions of Article 20 to continue to apply even after the Chinese
student becomes a residenl alien of the United States, A Chinese
student who qualifies lor this exception (under paragraph 2 of lhe lirst
Protocol) and is relying on this exceplion to claim an exemption lrorn lax
on their scholarship oifellowship income would attach to Form W-9 a
slatsment that includes the in{ormation described above to support that
exemplion.
ll you are a nonresident alien or a foreign entity, give the requesler the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is trae kup wilhholding? Pera:ns making cerlain paymenls to you
must under cerlain condilions rvithhold and pay to the IRS 24% of sush
payments. Thig is called "backup rvithholding." Payrnents thai may be
subject to backup withholding include, but are not lirniled to. inleresl,
tax-exempt inlerest, divrdends, broker and barter exchange
transactions, rents, royalties, nonemployee pay. paymsnts made in
settlement of payment oard and third-patty nehvork lransaclions, and
certain payments from fishing boat operators. Real esiate lransaclions
are nol sJbject to backup withholding.
You will nol be subject lo backup withholding on payrnents ycu receive
il you give the requester your corect TlN, make the pioper tsrtificalions,
and report all your taxable interest and dividends on your tax relurn.
Payments you receive will be subject to backup wilhholding if:
1 - You do not fumish your TIN ta lhe requester;
z.You do not certify your TIN when required {see the instrLlcliona for
Part Il for details);
3, The IRS tells the requester that you furnished an incorrect TIN;
4- The IRS tells you that you are subiect to backup wilhholding
because you did not report all your interest and dividends on your tax
.elum (lor rerylable irrterest and dividends only); or
5. Yoe do not cenify to the requester that you are not subject ta
backup rvithholding, ds described in item 4 under "By stgning the fifled-
out form" above (for reporlable jnteresl and dividend accounts cpened
after 1 983 only)-
Form W-9 (Rev.3-2024)Pa,se 3
Certain payees and payments are exempt frsm backuP withholding,
See Exempt payee cade, taler, and the separate lnstructions lor the
Requester of Form W-9 fcr more information.
See also Eslablishing U.S. status for purposes of chapter 3 and
chapter 4 withholding, aarliet"
What ls FATCA Reporting?
The Foreign Accounl Tax Cornpliance Act {FATCA} requires a
participating foreign financial institution to report all U.S. account
holders lhat are specified U.3" perscns. Certain payees are exempt from
FATCA reporting. 9ee Exemption from FATCA reponing code. later, and
the lnstructions far the Beguesler of Fsrm l'1,f-9 for more information.
Updating Your lnformation
You must provide r.rpdated inforn:ation to any peni4n to whom you
clainred to be an ererrpt payee i{ yuu are rru lolqer att exempl payee
and anticipale receiving reportable paymenls in he future from this
person. Firr example, y-ou may need to provide updated information if
ynu are a C corporation that elects to be an S corpotalion, or if you are
no longer tax exempt. ln addilion, you must lumish a new Form W-9 if
the name or TIN changes for the account. {or example, if lhe grantor oi a
grantor trust dies.
Penalties
Failure to fumish TlN. ll you fail lo furnidr your correct TIN to a
requester, you are subject to a penalty ol $50 lor each such failure
unless your failure is due to reasonable cause and not to w;lllut neglect'
Civil penalty for false informalion with reepect to whhhokling. lf you
make a false statemenl with no reasonable basis tfiat results in no
backup withholding. you are subject 10 a S5E0 penally.
Criminal penalty for falsifying inlormation. Willfully falsi{ying
certifications or affirmations may subject ysu lo criminal psnalties
including fi nes and/or imprisonment.
Misuse of TINs. lf the requester discloses or uses TlNs in violalion ol
federal larv, lhe requester may be subiecl to civil and criminal penallies.
Specific lnstructions
Line 1
You must enler one of the following on this line; do nct leave this line
blank. Jhe name should match the name on ycur lax relum-
lf lhis Form W-9 is for a joint account (olher than an account
rnaintained by a foreign financial inslihrtion {FFI}}, lisl firsl, and then
circle, the name of lhe person or entity whs6e number you enlered in
Part I of Form W-9, lf you are providing Form !V-S to an FFI to dccument
a ioint account, each holder of the accounl lhat i3 a U.S. person must
provide a Fonn W-9.
. hrdividual. Generally, enter the name shown on your tax retum, lf you
have changed your last name witftout informing lhe Social Security
Administration (SSA) of the name change, enler your first name, lhe last
name as shown on your gocial security card, and your new last name.
Note for lTlN applicant Enter your individual name as it was entered
on your Form W-7 application, line 1a. This should also be the same as
the name you entered on the Form 104O you iiled wilh your application.
' Sole proprietor. Enter your individual name as shown on your Form
1040 on line '1. Enter y,:ur business, lrade, or "dotng business ae" {DBA)
name on line 2.
o Partnership, c corporation, S corporalion, or LLc, other than a
clisregarded'entity, Enter the enlily's name as sholvn on the entily's ta;t
retum on line 1 and any business, lrade, sr DBA name online 2.
. Olher entities. Enter your name as sfiorlr on required U'S. federal tax
documents on lirre 1. This name should match tlre name shown on the
charter or other legal documeal creating lhe entity. Ent€r any businese.
trade, or DBA name on line 2,
. Disregarded entity. ln general, a business enlily lhat has a single
owner, including an LLC, and is not a corpcration, is disregarded as an
entity sgparate from its owner {a disregarded entity). See Regulations
section 301.7701 -2{c){2}, A disregarded entity should check the
appropriate box for the tax classification ol its owner. Enter the owne/s
name on line 1- The name of the owner entered on line 1 should never
be a disregarded entity. The name on line 1 ahould be the name shown
on the income tax retJm on which the income should be reported- For
example, if a foreiqn LLC that is lreated as a disregarded entity for U.S.
federal tax purpos-es has a single owner tllat is a U.S- person, the U.S.
owner's name is required 1o be provided on line 1. li tie dir'ect owner of
the entity is also a disregarded enlity" entertrhe first owner that is not
disregarded lor federal tax grrposes. Enler lthe dsregarded entity's
name on line 2. lf ttre owner of the disregarded enfiff is a foreign person,
lhe o! rner must complele an appropriate Form tV-8 instead of a Form
W-9. This is the caee even i{ the foreign persan has a U"S. TlN.
Line 2
lf you have a business narne, lrade name. DEA nan:e, or dlsr+garded
entity name, enter it on line 2-
Line 3a
Check the appropriate box on llne 3a for the U.S- federal tax
classification of the perssn whose name b efilered cn linr* 1" Check only
ono box on linc 3a.
Line 3b
Check this box if you are a partnership linrciudirg an LLO olassified as a
parbrership for U.S. federal tax purposes!, lrust. sr estate that has any
foreign partners, owners, or beneficiaries. and 1.cu are pr'rviding this
fom to a partnership, trust, tr eslale, in which yotl har,'e an ownership
interesl. You must check the box on :ine 3b if you receive a Form W-8
(or do{umentary evidence} from any partner, owner" or bene{iciary
eslablishing foreign slalus !r i{ you receiue a Form tJd-$ fron'l any
parFrer, owner. or beneficiary tfiat has checked tlhe box on line 3b.
Note: A partnership that provides a Form lGI-9 and checks box 9b may
be required lo complele Schedules K-2 and K-3 {Form 1065i- For more
information, see the Parlnerslrip ln*tructions for Schedules K-2 and K-3
(Form 1065).
lf you are required to complete line 3b but failtq do so, l.ou may not .
receive the info'rmation n€ce$sary 1o file a oonect infon:r:ation re&m whh
the lFlS or fumish a corect payee staternent to ysur FarFler5 or
beneficiaries. See, for example, seclions 8699, f,722. and 6724 lor
penalties thal may apply.
Line 4 Exemptions
lf you are exempt from backup wilhholdinrq andlar FATCA reporting,
eriter irr llre apprupriale s;.ur:e ort iirre 4 :uly code{sl lltat rrray apply tu
you.
Exempt payee code.
. Generally, individuals {including scle proprietnrsil ate ftt:t €xemPt from
backup withholding.
. Excepl as provided belo*,r" corporations are exempt {rom backup
wilhholding for certain payments" i:rcluding interest and diuidends.
. Corporations are not exempt trom backup witrtholding fcr payments
made in settlement of payrnent card or third-parrty nelwotk transacliong.
e Corporalions are net exernpt lrom backup withholding r,'rilh respecl to
attomeys'{ees or gross proceeds patd to atlorn€ys, and corporations
that provide medical or heallh care servhes are irct exempt with respect
to payments reportable on Frrrn .[999-MISC-
The fcllorving codes identily payees that are elempt from backup
wilhholding. Enter lhe appropriate code ir the space on line 4.
1 -An organization exempl {rom tar und€r seclion 501 {ai, any lF}A' ar
a custodial account under section 403p}{fl il tl.le account satisfies the
requirements of section 401{lf2}.
Kittitas County Agreement for Services (rev.5ha/25l'
Page 18 of 21
lF the entity/individual on line I
isa{n)...
THEN check the box for.
o Corporation Corpo.atiqn-
. lndividual or
o Sole proprietorship
Indiuidlal/sote prcprietor
r LLC classified as a partnership
for U,S, federal tax putpoees o(
. LLC lhat has fled Form 8832 or
2553 electing to be laxed as a
corporation
Limiled liabifily cornpany and
efiler lhe appropriale tax
+lassificaticn:
P = Parhershap,
G=Gcorporalian,or
3 = S corpomtion.
Partnership Partnership-
. TrusVestate frustr'estate.
Form W-9 lRev.3-2024)P+qe4
2-The United Statos or any of its agencies or instrumentalilies.
3-A state, the Distrjct of Columbia, a U.S. commonwealth or tsrritory.
or any of th€ir potilioal subdivisions or insfum€nlalities.
4-A loreign govemmenl or any of its political suMivisions, agencies,
Dr instumentalities.
5-A corporation.
6-4 dealer in sscudties or commodities required ta register in the
United Stales, the District of Columbia, or a U.S, commonwealth or
terdtory.
7-A futures carnmiesion merchant registered wilh the Commodity
Fulures Trading Commisdon.
8-A real estale investment trust.
9-An entity registered at all times during the lax year under lhe
lnvestment Compsny A0t of I 94O.
10-A common tusl fund operaied by a bank under section 544{a}.
11 -A financial institulion as delined under section 581.
12-A middleman known in the inveatment community as a nominee or
custodian.
1g-A trust exempt from tax under section 664 or described in section
4947.
The following chari shows types of payments lhat may be exempt
lrom backup wilhholding. The chart applies to lhe exempt payees listed
above, 1 through 13.
lF the payment is for . . .THEN the payment is exempt
lor...
. lnteresi and dividend payments All exempt payees except
lor L
r Brokerlransactions payees 1 through 4 and 6
'11 and all C corporations,through
S corporulions must nol enter an
exempt payee code because they
are exempt only for sales of
noncovered seourities acquired
la 2012.
. Barter transaclions Exempt payees 1 lhrough 4.
and
. Payments over 3600 required to
be reported and direct sales over
$s,ooot
. Payments made in settlement of
paymenl card ar lhird-party
netr..rork lransaclions
1 See Forrn 10s9-MlSC. Miscellaneous lnformation. and :ts instructions.
? However, the lollowing payments made to a corporation and
reportable on Farm 1099-MISC are not exempt from backup
rvilhholding; medical and health care paymenls, atiomey$' fees, gross
proceeds paid to aa attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption lrom FATCA reporting code. The following codes identify
payees that are exempl from reporting under FATCA, These codes
apply to persons submitling this Jorm for accounts maintained outside
of lhe United States by certain {oreign financial institutions. Therefore, if
you are only submittin'g this form for'afl account you hold in the United
States, you may leave ihis {ield blank. Gonsult with the person
requesting this form if you are uncertain il the financial institution is
subject to these requirements. A requester may indicale lhat a code is
not required by providing you wilh a Form W-9 with "Not Applicable" (or
any similar indicalicn) entered on lhe line {or a FATCA exemption code.
A-An organization exempt fiom lax under eection 501(a) or any
individuai retirement plan as delined in aection 7701{aX37}-
B-The United Siates or any o{ its agencies or instrumentalities.
C-A stale, th€ Dislrict of Columbia, a U.S. commonwealth or
territory, or any of lheir political subdivisions cr instrumentalities-
D-A ccrporation the stock cf which is regularly traded on one or
more estabtished securilies markets, as described in Begulations
se€tion 1.1.+721 {cX1 Xi}.
E-A corporalion that is a member of the eame expanded affiliated
group as a corporation described in Flegulations section 1.1472-1{cxlXi).
Kittitas County Agreement for Services (rev.5h4/25)
Page 19 of 21
F-A dealer in s€curilies. cornrnodities" or deriuative linancial
inslruments {including nctional prin+ipal conlracts, futures, forwards,
and optionsJ that is registrened as gr-Ich undsr the laws of lhe Uniled
States or anlf slaie.
G-A reat R€tate in'iestmefit BusL
H-A regulated im,estmefit companq as defined in section 851 or an
entity registered at all tinres duri*g tfte tax year under ttle Investmanl
ComFany Aet of 1S,{0.
l-A cornman trust {und as de{ifted in seclion 584{a),
J-A bank as delined in sectbn 58'[-
K-A broker.
L-A trust er(enlpi from tar ufid€r se€tion s64 or described in section
4e47{a}(11.
M-A lax-exempt trust under a seclion 4o3{bf plan or seclion 457(.gl
plan.
Note: You may wish to csnsult nrilh lhe finan*ial insllulion requesting
this lorm to detennrine whelfter the FATCA code and,/or exempi payee
code should be compieted.
Line 5
Enter your address inurnher, streel" and apartrnent or suite number).
This ig where lhe requester ol this Form W-9 will mail your information
retums. If this address dif{ers from the one the requester already has on
{ile, enter "NEW" at lhe toF, lf a rqew address is provided, lhere is still a
charre the old address l'lill b,e used until lhe payor changes your
addreee in their recatds.
Line 6
Enter your cily. staie, a;rd ZIP rode,
Part l. Taxpayer ldentification Number (TlN)
Enter your TIN in lhe appropriate box, [f you are a resident alien and
you do not harre. and are rrol eligible tc get, an SSN, your TIN is your
IRS lTlN. Ente. it in lhe 6atqf space for lFre Sociaf securiiy number. If you
do not have an lTlF3, see Florc to gel a IIN below.
l{ you are a sole proprietor and you have an ElN, you may enler either
your SSFI or ElN.
ll you are a single-rnember LLD that is disregarded as an entity
separate from its owner. enter lire ol'mefs $SN (ot ElN, il the olvner has
one1. lf the LLC is classified as a corporalion or parhership, enter the
entity's Elll.
Note: See lffhat fiIame and J\&.rm&er Io Give the Requester, later, for
{urther clarification oi name and Tl!,1 cornbinalions.
How to get a TlN. tf you do not haue a TlN, apply for one inrmediately.
To apply for an SShl, g€t Foml S5-5, Application for a Social Security
Card, frorn your iocal SSA offtse nn get this fonn online at
wwr*.SSAgou" You nray also get this fornr by ralling 800-772-1213. Us€
Form W-7, Application lor lFlS lndir.'iduafTaxpayer ldentification
Number, to apply fsr an ITll'{. or Form SS-4, ,Application for Employer
ldentific.ation Nurnber, to ap$y for an ElN. You can apply for an EIN
online by acceseing the tRS websib alwww.irs.govlElV- Go tct
wvyw.irs.qovlFonns to $ierrrr, doorcfoad. or print Form W-7 andlor Form
SS-4. Orlyuu r.ur go [o wwtu.r!$.gi{rtil0uleFuffits la plaeu att ordet:r:ld
have Fotm W-7 and,'or Fornn SS4 nnailed to you within 15 business
da],s.
l{ yau are asked to complete Form, Ull-g bul do not have a TIN, apply
{or a TIN and enter "Applied For" in the space lor fre TlN, sign and date
the form, and give it to the requester. For inlerest and dividend
payments, and certain paynnents made l'lith resp€ct to readily tradable
inslruments. you will genralty have 60 days io gel a TIN and give it lo
the reque6ter hefore y€u are suhiect to bachup withholding on
paym€nls. The 60-day rule dces not apply to other types o{ payments,
You wi![ be euk{ect to backup witlrholding on alt such payments untii
you provide your TIN t6 lhe requesl€r"
Note: Enlering "Applied For'means fiat you have already applied Jor a
TIN or that you intend to apply fon one scon. See algo Eslablishing U.S.
status for pirrpos es of chapter 3 ertd chapter 4 withholding , earlier, for
when you may inslead be subject to ',1'ilhholding under chapter 3 or 4 al
the Code.
Caution: A disregarded U.S. efltity that has a foreign owner must u3€
the appropriate Form !tl-8"
Generally, exempt payees
1 through 5.2
Exempt payees I through 4.
Form W-9 (Rev.3-2024)Psse 5
Part ll. Certification
To esiablish to the withholding agent that you ate a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by lhe
rvithholding agent even if item 1, 4, or 5 below indicates othenrise.
For a,oint account, only the person whose TIN is shown in Part I
shculd sign {when required)- ln the case of a disregarded enlity, the
person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.
Signature requiremenls, Complete the cerlilicalion as indicated in
itemslthroughSbelow.
1, lnterest, tJiviclencl, and barter exchange accornrts opene<I
be{ore 1984 ancl broker accounts considered active during l98il.
You must give your correct TlN, but you do not have lo sign the
certification,
2. lnt€rest, dividend, broker, and badet exclratrge accourlls
opened afler l98il and broker accounts considered inactive during
10&1. You must sign the cenification or backup withholding will apply. lf
you are subiect to backup withholding and you are merely providing
your conect TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3, Real estale lransactiorts, You must sign the cenification. You may
cross oul item 2 of the cerli{ication.
4, Otlrer payments, You must give your conect TlN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrecl TlN. "Other payments" inciude
payments made in the course of the requester's trade or business for
rents, royalties, goods (other ihan bills for merchandise), medical and
heahh care services {ncluding payments to corporations), paymenls to
a nonemployee for services, payments made in settlement of payment
card andihiid-party network trausaclions, paynents to certain fshing
boat crew members and fishermen, and gross proceeds paid to
attomeys (including payments to corporations).
5, Morlgage int€rest paid by you, acquisilion or abandonmenl of
secured prolterty, cancellation of debt, qualilied tuttion program
payrnentl (uirdei section 529), ABLE accounts (under section 529A),
lRA, Coverdell ESA, Archer MSA or HSA contributions or
digtributions, and pension disttibutiotts, You must give your corecl
TlN, but you do not have to sign lhe certification.
What Name and Number To Give the Hequester
For lhis of account:Give narne and SSN of:
For this of account:
8- Disregarded enlity noi owned by m
individual
9- A vatid trust, estate, or pens:on trust
10- Corporation or LLC elecling corpqate
status on Form 8832 or Fsm 2553
11- Asrciaijm, club, religios. chuilable,
educational, or olher ttr-exffipt
organialion
:2. Partrership or multi-mmber LLC
13. A broker or registercd nominee
1 4 . IEtrunt with the Departmmt of
Agriculture in the oame of a public
enliiy iruch m a state or lmal
govemment. school dbt ict, or prison)
lhat rtreivee agriculfural program
paymfrts
15. Gnntorlrustfiling Fm 1041 or
under the Optional Filing Method 2.
requiring Fom 10gg (3e Flegulatiore
swtion 1.621 -a{bX2XiXB))"
Give narne and EIN of:
The omer
Legal entitya
The coporation
Tho organization
The partnership
The brokry or nominee
The public mtity
1. lndividual
2. Two d more individuals (oint account)
other thao an accounl maintained by
an FFI
3 Two or more U-t- peeons
0oinl account maintained by m FFI)
4- Clslodial account of a minq
lUnifom Gift to Minors Act)
5. a. The usual revmble savings trust
{granior ig drc truetee}
b. Secalled trust accrunl that is not
a legal or valid trust unds staie law
6- Sole proprietorehip o disregarded
stity owned by an individual
7. Grmtor hust filing under Optional
Filing Meihod I {see Regulations
srctioo 1 -671 -4{bXzXiXA}i"
The individual
The actual owner of the account or,
if rcmbined funds, the firsl individual
on lhe accountl
Fach holder of the acmunl
The minq?
The grstor-lrusteei
The actual ownerl
Tha ownef
The griltor'
The trust
1 List first and circle the name of lhe person whose number you fumish.
lf only one penion on a joint account has an SSN, that person's number
must be fumished.
2Circle the minor's name and furnish the minor's SSN,
sYou must show vour individual name on line 1, and enter your business
or DBA name, if any, on line 2. You may use either your SSN or EIN {if
you have one), but the IRS encourage3 you to use your SSN.
{ List first and circle the name of the trust, estate, or p€nsion lrust. {Do
not {umish the TIN of the p€rsonal representalive or trusle€ unle$s the
legal entity itself is not designated in the account title,)
'Note: The granlor must also provide a Form W-9 to the trustee of the
trust,
-* For more information on optional filing methods for grantor trusls, 5€e
the lnsiructions for Form 1 041.
Note: l{ no name is circled when more than one name is lisled, the
number rvill be considered to b€ that of the firct name listed.
Secure Your Tax Fecords From ldentity Theft
ldentrty theft occurs when someone uses your pereonal information,
such as your name, SSN, or other identifying information, withoul your
permission 1o commit {raud or other crimes. An idenlity thief may use
your SSN to gel a iob or may file a tax return using your SSN to receive
a refund.
To reduce your risk;
. Frotect your SSN,
r Ensure your emFloyer ie prolecting your SSN, and
. Be careful when choosing a tax retum preparer.
lf yaur tax records are af{ected by identity theft and you receive a
notice from the lRS, respond righi away to the name and phone number
printed on the lFlS notice or lefter.
l{ your tax records are not cunently affected by identity theft bul you
thin( you are al risk due to a lost or siolen purse or wallet, questionable
credit card activity, or a questionable credit report, contacl the lFlS
ldentity Theft Hotline at 800-908-4490 or submil Form 14039.
For more information, see Pub. 5027, ldentily Theft Informaiion for
Taxpayers.
Kittitas County Agreement for Services (rev.5/14/25)
Page2O of 2L
Fom W-9 {Flev,3-2024)Faoe 6
Victims of identity theft who are experiencing eanomic harm or a
systemic problem, br are seeking help in resolving tax probl€ms that
have not been resolved through normalehannels, nay be eligible for
Taxpayer Advocate Service ([AS] assisiance. Ycu can reach TAS by
calling the TA,S toll-free case intake line at 477-777-4F?8 o'r TTYITDD
800-829-4059.
Protect yoursell from suspicious emails or phishing schenres'
Phishing is the creation and use cf email and websites dssigned to
mimic legitimate business emails and websites, The rnast common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempl to ecam the uaer into surenderirg
private information that will be used for ideatity theft.
The IRS do€s nol initiate contacts whh taxpayers uia emails. Also, the
IRS does nol request personal detailed information lhrough ernail or aek
taxpayers for the PIN numbers, passwords, or similar secret access
information {or their credit card, batrk. or otlrel fitturtcial aceuurtlu.
lf you receive an unsolicited email claiming to be from the lRS,
forward this message to phishing@irs.gov. You rnay also report misuse
of the IFS name, logo, or other IBS property to the Treasury lnspector
General forTax Administration [flGTA] at 800-366-4464. You can
forward suspicious emails lo the Federa! Trade Commlssion at
spam@uce.gav or report them alwww.fte,gwlcomplarnf. Ycu can
contacl the FTC atwww.ftc.govlidtheft or 877-IDTHEFT (877-aee-4Sea).
lf you have been the victim of identity the{l, see www.ldentityTheft"gav
and Pub. 5027.
Go to www.lrs.govlldentityTheftlo l6am more absul ideniity tieft and
how to rcduce your risk.
Kittitas County Agreement for Services lrev.5/M/25l'
Page2L of 2L
Privacy Act Notice
Section 61tls rf tha lnternal Revenue Code requiree Srou to prBvide your
conect TIN to persons {inc&.:ding federal agenciesi wfrro are requirad lo
iib inlormation relums wilh the IRS to report interest, dividends, or
certain other income paid to you; mortgiage lBlere€{ yot paid; the
acquisition or abandonmenl of secured prqerly; the cancelfation ol
debt or conlributions you made to an lHA, fucher FilSA. or l-lSA" Tlp
person collecting this form uses the inlonnation on the fornr ta fle
information retums whh the lRS, reporting rhe above infoffnaticfi.
Routine uses ol thb information include giving it to lhe Departrnent of
Jsstice for civil and criminal liligation and to cities, stale6" the Di*ict ot
Columbia, and U,S. commonwealths gnd terdtorieg ior uss in
administering their laws. The infonnation may also be disclosed to other
countries unier a treaty, to lederal and stale agencl-es to en{orce cluil
and criminal laws, or to federal law enforcernent and intelligence
agencies to oombat terrorism, You mtrs't provide ycur TIN '.'*reiher or not
you are required to file a lax relum" Under section 3406, p-altors must
lenerally wilhhold a percentage o{ taxable interest" dividends, and
certain other payrnents to a payee who does rol give a TIN lo the payor,
Certain penalties may also apply for prouidinE false or fnaudulent
inf,*rmation.