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HomeMy WebLinkAboutFully executed agreement (3)KITTITAS COUNTY AGREEMENT FOR SERVICES PHMH25-O23 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 Kittitas Valley Opportunities ( hereinaft er "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 7LA.t4. 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 Project Contact: Laurie Holt Phone: 509-933-8310 Email: laurie.holt@co.kittitas.wa.us Project Contact: Michelle Williams, Director This Agreement includes the following, which are attached hereto and hereby incorporated by this reference: Kittitas County Public Health 507 N. Nanum, Suite 102 Ellensburg, WA 98926 Attachment "A"l Attachment "B": Attachment "C": Attachment "D" Attachment "E": Attachment "F": Attachment "G" Kittitas Valley Opportu nities DBA Parent to Parent C/O Jerrol's 111 E. University Way Ellensburg, Washington 98926 Scope of Work Compensation I nsurance Requirements General Terms and Conditions Program agreement between DSHS and the county for DDCS/DDA services DSHS/DRW Agreement W-9,(Contractor must complete and return to the County for payment) Kittitas County Agreement for Services (rev. 5/La/251 tN 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. t1/ /c'tE LLF E' k)/L-L/ 4fl,t S CONTRACTOR Signature Printed Name Title Date BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY atrman arrmanad r Attest Date:g1lt5 of the lie Kjorsvik holz Kittitas County Agreement for Services (rev. 5/7a/25], 2 ATTACHMENT.,A" SCOPE OF WORK Funding is provided for the following activities and deliverables related to the administration of the Parent to Parent (p2P) and Parent Coalition programs whose goals are to provide emotional support and information and legislative advocacy to families of children with developmental disabilities. 1. Organization and implementation of parent support meetings to provide information, education and referrals to services and support to parents and families of children with developmental disabilities. a. Deliverable: By June 30,2027, the contractor will facilitate at least forty (40) support meetings annually. I 2. Weekly availability to families and other community contacts for information and referrals. a. Deliverable: Through June 30, 2O27,lhe P2P coordinator will be available Monday-Friday from 9am - 5pm via phone, email, Facebook or in person. 3. Publish and distribute a quarterly newsletter to families and community partners. a. Deliverable: Through June 30, 2027, quarterly newsletters will be published and distributed b. Deliverable: By June 30,2027, the number of contacts on the database for the quarterly newsletter will increase by 30. 4. Host a community outreach and education event' a. Deliverable: By June 30,2027, the contractor will host or coordinate with the County Coordinator and /or Transition Team, at least one outreach and education event. 5. Maintain a Parent Coalition program in Kittitas County a. Deliverable: Through June 30, 2O27,the contractor will participate in all scheduled teleconferences with the Statewide Parent Coalition and Community Advocacy Coalition. b. Deliverable: Through June 30, 2027, the contractor will increase the number of contacts on the list by 15. c. Deliverable: Through June 30, 2O27, lhe contractor will disseminate legislative and advocacy information via the Facebook page and the email list at least quarterly. 6. Provide quarterly reports to the County. a. Quarterly reports to the County shall be due by the following dates: i. October 15,2026 (for July 1 - September 3O,2026) ii. January 15,2027 (for October 1 - December 31,2O26) iii. April 15, 2027 (for January 1 - March 3L,2027) iv. July 15, 2027 (for April 1 - June 3O,20271 b. Quarterly reports shall include, at a minimum: i. A narrative of the progress on the deliverables outlined above. ii. Number of parent support meetings held and location iii. Number of participants attending parent support meetings' iv. Number of contacts made for information and referrals via phone, email, Facebook and in person. v. Copy of the quarterly newsletter published and/or emailed. vi. List of community partners receiving quarterly newsletter' vii, Number of outreach/community education events held. viii. Number of participants at outreach events. ix. Number of teleconferences attended. x. The number of new emails added to Parent Coalition list serve. xi. Number of emails sent out through list serve (include copies of emails 7. 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.5/14125l' 3 AfiACHMENT'8,, COMPENSATION THE COUNW WILL NOT PROCESS PAYMENT FOR SERVICES RENDERED UNDER THIS AGREEMENT UNTIL CoNTRACTOR SUBMITS A COMPLETED W-9 (SEE ATTACHMENT "G"1. As full compensation for satisfactory performance of the work described in Attachmenl " N' , and within thirty (30) days of receiving Contractor's itemized invoice, the County shall pay Contractor the following amount(s) plus any applicable taxes as detailed in Contractor's invoice: 5 26,500. Allowable direct expenses include, but are not limited to, salaries, wages, benefits, direct client services, promotion, outreach activities, supplies, professional development and training, travel, equipment, and subcontracts. All expenses must be necessary and directly related to the scope of work as outlined in Attachment A. Contractor will refer to their approved budget document submitted through the funding request process for line-item expenses. Any changes or updates to the budget must be approved by Kittitas County through the appointed contract manager in advance of the expenditure, in writing. Unless othenrvise provided herein, Contractor shall be solely responsible for Contracto/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 bu rsement Procedures A. The Contractor shall submit invoices for services due once a month, which shall be emailed to Katie Odiaga, Kittitas County Public Health Department, at katie.odiaga@co.kittitas.wa.us. B. Att invoices must be submitted by the 2Oth day of the month fottowing the catendar month in which services were delivered. C. The Contactor must provide adequate backup documentation to support costs in each invoice. This includes a general ledger from the financial accounting system detailing transactions and expenditure dates for allowable activities within the period of performance. Payroll expenses must show employee names, hourly rate, number of hours, total pay, and project code. Benefits can be one line item but should include project code. Non-payroll expenses must include a copy of the receipt or payment invoice. Payments to subcontractors must be listed as a specific line item per subcontractor' D. All invoices must include invoice date and an invoice number. E. All invoices must also be accompanied by an updated Contractor Spending Form, as provided by Kittitas County, to ensure that billing record keeping matches County records' F. Failure to submit required monthly deliverable reports as outlined in Exhibit A: Scope of Work may result in delayed reimbursement payments or denial of invoices. G. Kittitas County is not liable for services provided unless the invoice is received on time or prior arrangements are agreed to in writing signed by the County. ln no event shall payments under this agreement total more than 525,500' Kittitas County Agreement for Services (rev.5174/251 4 Amount Activiw ss000 Salary and related expenses for the Parent Coalition program coordinator S21,5oo Salary and related expenses for the Parent to Parent program coordinator s26,500.q)TOTAL Kittitas County Agreement for Services (rev. 5lL4/251 5 ATTACHMENT,,C" INSURANCE REQUIREMENTS 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 the County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. At a minimum, Contractor shall maintain and provide proof of the following selected options: Commercial General Liabilitv lnsurance . Coverage limits are not less than: . SL,000,000 per occurrence, for all covered losses r $2,000,000 general aggregate r $1,000,000 products & completed operations aggregate o $1,000,000 personaland advertising injury, each offense r The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. Commercial Automobile 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: e $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 undedying 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. r There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Workers' Compensation & Emplover's Liabilitv . The Contractor shall provide Workers Compensation and Employe/s Liability insurance on a state-approved policy form providing benefits as required by law with employe/s liability limits no less than S1,000,000 per accident or disease. Kittitas County Agreement for Services (rev. 5/I l25l t Professional Liabilitv / Errors and Omissions Liabilitv . Coverage limits not less than: o $L,000,000 each claim r Contractor must provide evidence of this coverage on a policy form appropriate to Contractor's profession. Contractor shallfurnish 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. Contractor's insurance policies required above must apply on a primary non-contributing basis in relation to any other insurance or 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' 7 Kittitas County Agreement for Services (rev.5174/251 ATTACHMENT,.D" GENERAL TERMS AND CONDITIONS t. Scope of Contracto/s Services: Contractor agrees to provide to the County services as set forth in Attachment "A". No materials, labor, 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 Payment: Com pensation to Contractor for services rendered under this Agreement shall be as set forth in Attachment "8". Where Attachment "8" requires payment(s) by the County, payment shall be based upon billings, supported unless provided otherwise in Attachment "8", 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 "8", the County will not reimburseContractorforanycostsorexpensesincurredbyContractorinperformanceofthisAgreement' Where required, the County shall, upon receipt of appropriate documentation, compensate Contractor, no more often than monthly, through the County voucher system, for Contractor's services pursuant to the fee schedule 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 ren(ered 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 the County to make withholding for any taxes other than income taxes (e.g., Medicare). All compensation received 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 Cou'nty 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: Contractor's 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 "8", 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 subcontracting 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 lrev.5/14/25) I 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 bcontracto/s performa nce of the su bcontract. 6. 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 maintain all records relating to this Agreement for six (6) 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 7.1. 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 Contractot'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 Contractor'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 performed prior to the effective date of termination. An equitable adjustment in the contracted price for partially 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 Cou nty Agreement for Services (rev . 5h4/25l' 9 from any money due or coming due to Contractor. Furthermore, in the event of termination under this paragraph, 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 Contractor's subcontractors, their employees, agents or volunteers; or (2) are directly or indirectly arising out of, resulting from, or otherwise 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 Contractot/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 a 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 for the County of Kittitas. This Agreement shall be governed by the laws of the State of Washington. 11. Non-Appropriationof Funds: lf theCountydoes notappropriatesufficientfundingforthisAgreement 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.5/74/25) 10 12. Contractor Commitments, Warranties, and Represehtations: Contractor represents and warrants as follows: tZ.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. 12.2 Contractor has the authority to execute this Agreement, to make the representations and warranties set forth herein, and to perform its obligations hereunder. I2.3 This Agreement has been validly executed by an authorized representative of Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. LZ.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.S Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. 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. t2.6 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' L27 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 ql llg!rylpCglgC: 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. lntellectual Infrineement: 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: (L) 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 County 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. 5/7a/251 11 1.6. 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 parties 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 (a) the arbitrator's decision or award shall be final and binding on both parties. L7. Confidentiality: 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 Contractot/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 return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by email. Notices given by Contractor shall be provided to the County's point of contact listed on page 1 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 Contractor's address listed on page 1of this Agreement. 19. Prevailins Wase: 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 under this Agreement in accordance with RCW 39.12 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 cu Kittitas County Agreement for Services (rev.5/14/25) 't2 rrently practicingorworkingundersimilarcircumstances. Contractorshall,withoutadditionalcompensation,correctany of its services not meeting such a standard. 21. Nondiscrimination 2L.t 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 employed, and that employees are treated during employment, without discrimination because of their 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. 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 aition with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment' ZI.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. 2t.3 lf any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract 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, orthe exercise of any right or privilege hereunder, unless otherwise stated in a writing, signed bythe 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: Theprovisionsof paragraphs 2,3,4,6,8,9,LO, 13,t4,t5, 16,t7,L9,20,22,24,and28of these General Terms and Conditions shall survive the completion, expiration, termination or cancellation of this Agreement for any reason. 25. Comp lete Aereement: This Agreement constitutes the entire agreement between the parties and supersedes any and all otheragreements, 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.5/14/25) 13 26. Severabiliw: 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. 5ha/25ll 14 Attachment E sHs WASHINGTON sTAIE D€paftment ol So.ial and Health Seryl.et COUNTY PROGRAM AGREEMENT DDCS County Services DSHS Agreement Number 2663-71228 This Program Agreement is by and between the State of Washington Department Socialand Health Services (DSHS) and the County identified below, and is issued of in conjunction with a County and DSHS Agreement On GeneralTerms 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 ADDRESS 1611 W lndiana Ave Spokane, WA 99205 DSHS CONTACT TELEPHONE (509)329-2952 DSHS CONTACT FAX (509)568-3037 DSHS CONTACT E-MAIL woodas@dshs.wa.qov COUNry NAME Kittitas County Kittitas County DDA County Services COUNTY ADDRESS 507 North Nanum Street Suite 102 Ellensburq. WA 98926-2886 COUNTY FEDERAL EMPLOYER IDENTIFICATION NUMBER COUNry CONTACT NAME Kasey Knutson COUNTY CONTACT COUNTY CONTACT FAX COUNTY 5 962 kittitas.wa.us IS THE COUNTY A AGREEMENT? ENT PURPOSES OF THIS ASSISTANCE No 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 s Plan By their signatures below, the parties agree to the terms and conditions of this nty Program Agreement and all documents incorporated by reference.No other understandings or representations,oral or otherwise,regard ing the subject matter of this Program Agreement shall be deemed to exist or bind the parties The parties srgnrng below certify that are to n this SIGNATURE(S)PRINTED NAME(S) AND DATE(S) DSHS SIGNATURE PRINTED NAME AND TITLE DSHS Central Contract Services 't 769CS Cou nty Ag reement (1 2-26-2025) 15 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 schooldistricts, 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, reven ue and expend itu re/expense accou nts. e. "Client" means a person with a developmentaldisability 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. "Competitive Integrated 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. "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 f g. DSHS Central Contract Services 1 769CS Cou nty Ag reement (12-26-2025) '16 Special Terms and Conditions and prbvide 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 include assistive technology, audiology, family training/home visits, health services, medical services, nursing services, nutrition services, occupational therapy, physicaltherapy, psychological services, sign language, social work, 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 generalworKorce. These services may include intake, discovery, assessment, job preparation, job marketing, job supports, record keeping and support to maintain a job. (4) "lndividualized Technical 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. "Developmentaldisabilities (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 DSHS Central Contract Services 1 769CS Cou nty Ag reement (12-26-2025) 17 2. 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 Seruices, 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. 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 1 769CS Cou nty Ag reement (1 2-26-2025) 18 3 4 Special Terms and Conditions Client Eligibility: Client eligibility and service referral are the responsibility of DDCS under chapter 388-823 WnC letigiOility) 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 ind 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 developmentaldisabilities County program cannot be subcontracted. b. 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. c.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. 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. 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 OisquatineO 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. 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 d e. 'f g. h DSHS Central Contract Services 1 769CS County Ag reement (12-26-2025) 19 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, tncident 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 RCW 71A.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 otherwise 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 federalfunds 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 thifi-five (35) days whenever there is a change in the staff holding these management positions [42 CFR 455.104 (cXl)1. 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) 20 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 will withdraw 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; (g) 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 County shall take any necessary and reasonable steps to comply with BARS Policies. DSHS Central Contract Services 1 769CS Cou nty Ag reement (12-26-2025\ 21 e f Special Terms and Conditions d. The County shall comply with the following referenced documents: (1) DDCS Policy 4.11, 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; 16; DDA Guidelines for Communitv Assessments within Emplovment and Vocational Proqrams. and (7) Disabilitv Riohts Washinoton (formerlv Washinqton Protection and Advocacv Svstem) Access Agreement. The County shall develop and submit a comprehensive plan for the County DD Services as required by WAC 388-850-020. 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://www.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 daysof 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. TechnicalAssistance: DDCS contracts with TechnicalAssistance providers that may be utilized by Counties with prior written approval. j. 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 1 769CS County Ag reement (1 2-26-2025) 22 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 snoutd 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 untilthe 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 goalwill 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 ClienVguardian; 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 Agreement (12-26-2025) 23 Special Terms and Conditions (9) 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 Emplovment 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 duing 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 individual employment goal, separate from the group time, must include phase information (refer to Employment Phases and Billable Activities - see Phases I - 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 DSHS Central Contract Services 1 769CS Cou nty Ag reement (12-26-2025) 24 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 shall work 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 List" 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 DSHS Central Contract Services 'l 769CS Cou nty Ag reement (12-26-2025) 25 Special Terms and Conditions after the Planned Rate start date. t. PartnershipProject. (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 8/31/06 (b) For fiscalyear 2027 911106 through 8131107 u 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://r,rnnrw.dshs.wa.qov/sites/defaulUfiles/DDA/dda/documents/Job%20Foundation%20Aoplica tion 0407 20o/o20o/o28002o/o29. do cx (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 Coun$ 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 identifiT 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 quali$ standards. Outcome Payment. Providers, with transition students born between: (a) For fiscal year 2026 911103 through 8131lO4 (b) For fiscal year 2027 911104 through 8131l9s (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 Billino 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 lndividualemployment, provider may receive one ouicome 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 (12-26-2025) 26 7 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. Consideration: a. Fees: (1) Approval of fees is the responsibility of the DDCS. The DDCS HQ Employment and Day Unit' . tvlanager 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 will submit 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 local tribes. (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 DSHS Central Contract Services '1 769CS Cou nty Ag reement (1 2-26-2025) 27 8. DSHS Central Contract Services 1 769CS Cou nty Ag reement (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 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. 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. 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 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 28 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 school year they turn twenty-one (21). Supports provided should complement and not replacewhatthe 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 intereits 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 fami$ 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 individu alized 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 DSHS Central Contract Services 1 769CS Cou nty Ag reement (12-26-2025) 29 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. (D 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 Rehabil1ation 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 "Hour'' 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 1112 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 DSHS Central Contract Services 1 769CS Cou nty Ag reement (12-26-2025) 30 9 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.qov/dda/countv-best-oractices. h. The Community lnclusion Billable Activities document defines the individual Client services DDCS reimburies. 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 sixtylOO; calendar days of the associated fiscal year unless an extension is approved by the DDCS Regionai Administrator or designee. Payment will not be made on any invoice submitted past sixty (60) calendar days after the Program Agreement fiscal year. j. Recovery of Fees: lf the County bills and is paid fees for services that DSHS later finds were (a) not delivereri 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. k. 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 10o/o- l. 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 bill for administration costs as identified in Exhibit B. Monthly claims for administration cost will be based on the actual expenditures multiplied by 10%. Participating counties will use line item 13. lntermediate 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 Age-ncy, has administrative authority for Title XIX coverage per 42 CFR 431.1O. 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 Febru ary 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 10. 11 DSHS Central Contract Services 1 769CS County Ag reement (1 2-26-2025) 31 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 lnformation. All Counties and their subcontractors must: 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' 19. 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. 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 shalltake precedence as the sole Data security Agreement between the Parties. 14. DSHS Central Contract Services 1 769CS County Ag reement (12-26-2025) 32 1 Special Terms and Conditions 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.pdfl. 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. c. "Category 4 Dala" 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). d. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personalfiles and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iCloud, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, 0365, and Rackspace. e. "Encrypt" means to encode Confidential 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. f. "Hardened Password" means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point. "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 identiflcation number, 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 small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing resources in the form of a processor, memory, storage, and network access. Examples include, but g h DSHS Central Contract Services 1 769CS Cou nty Ag reement (1 2-26-2025) 33 Special Terms and Conditions 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 (https://watech.wa.qov/policies?combine=&field cateqories tarqet id=80&field tvpe tarqet id=All), and of the 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 Security Office and hosted by DSHS Central Contracts and Legal Services. 3. 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 data, 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. 4.Authorization, Authentication, and Access. ln order to ensure that access to the Data is limited to authorized staff, the Contractor must: DSHS Central Contract Services 1 769CS Cou nty Ag reement (1 2-26-2025) j k. 2 34 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 all times), enforce password and logon requirements for users within the Contractor's network, including : ('1) A minimum length of 8 characters, and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand, or exclamation point. (2) That a password does not contain a user's name, logon lD, or any form of their full name. (3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words. (4) That passwords are significantly different from the previous four passwords. 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 County Ag reement (12-26-2025) 35 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) ortoken (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 local workstation 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 parigraph. 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 Agreement (12-26-2025) 36 Special Terms and Gonditions c. Optical discs (CDs or DVDs) in localworkstation opticaldisc 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 otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g. Data storage on portable devices or media. (1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. 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 Cou nty Ag reement (1 2-26-2025) 37 Special Terms and Gonditions (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 otheruvise 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 Gou nty Ag reement (1 2-26-2025) 38 7 6. 8. 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.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS Data. (2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. (3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or, (4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. (5) When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer, folder, or other container. b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 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: Data stored on:Will be destroyed by: Server or workstation hard disks, or Using a "wipe" utility which will ovenarite the Data at least three (3) times using either random or single character data, or DSHS Central Contract Services 1 769CS Cou nty Ag reement (1 2-26-2025) 39 Removable media (e.9. floppies, USB flash drives, portable hard disks) excluding optical discs Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Phvsically 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 Optical discs (e.9. CDs or DVDs)lncineration, shredding, or completely defacing the readable surface with a coarse abrasive Maqnetic tape incinerati or crosscut shreddn 9. 10. Special Terms and Conditions Notification of Compromise or Potential Gompromise. 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 (1 2-26-2025) 40 Exhibit B Program Agreement Budget X Original Budget Budget Revision REVENUES FiscalYear Fund Source Oriqinal 1st Revision 2nd Revision 3'd Revision 2026 State onlv 567,912 576,712 Medicaid 555,171 562,371 TotalRev s1.123.083 $1 ,139,083 $$ Fiscal Year Fund Source Original 1"t Revision 2nd Revision 3rd Revision 2027 State onlv Medicaid TotalRev $$$$ Job Foundation Funds PASRR Funds State Funds Medtcaid Funds TOTAL ADMTNTSTRATION (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 rc2.64.67, 69, 95, 96)43391 7 433917 867,834 ROADS to COMMUNITY LIVING /62.64.65. 67. 69) TOTAL 518,400 503,040 1.021.440 DSHS Central Contract Services 1 769CS County Ag reement (12-26-2025) 41 ACCESS AGREEMENT BETWEEN wAsHr\GToN PROTECTTON AND ADVOCACY SYSTEM, rNC.' ANI) TrIE DTVISION OF DEVELOPMENTAL DISABTLITIE$, DDpmTMDNT oF socrAl AND rrEALTn sERvrcns. Attachment F This agreement is entered into by the Washington Protection- and Advocacy_ System, Inc. (hereinifter WPAS), the protection and advocacy system authorized purf!3!t to the Developmental Disabilities Assistance ana gil of Rights Act of 1975, 42 U.S.C. sec. 6000, et seq.. t9 llvg{iqate alleged incidents of abuse, neglec! anl rights violations of pelsqqs with developmental9lsabilities, and"the Division of Devel-opriental Disabilities (hereinaftefDDD) of the Depq@enlof Social and Health Services, for the purpose of clarifying the rights and responsibilities of WPAS with respect to its access to individuafu with developm-ental disabilities, clients, programs, and records. The Departnent of Social and Health Services, specifically DDD,_ is .responsible for providing services to individuals with developmental disabiliiies, to the extent firnding is available. in proviting those services, DDD must pr6tect the confideqtialiq/ of records and information regirding those individuals pursuant to the state and federal confidentiality laws. WPAS is charged by federal law to protect the legal and human rights of individuals with developmental disabilities. - WPAS provides legal and rgl{ed. advocacy services 1o meet that obligation. WPAS is also required -to maintain the confidentiality of records and information regaiding individuals with developmental disabilities consistent with 42 U.S.C. $ 6000, et seo. This agreement governs the access of Washington Protection-and Advocacy.System to DDD emoloyees wh-o do not iork in Residential Habilitation Centers (RHCs) and records maintained by OdO *ttictt ore qssociated with individuals with developmentol disabilities living outsidc of RHCs. Federal laws and regulations also provide WPAS with access to communiQl plograms and individuals with developme;tal disabilities served by DDD contracted providers. DDD will work with community provilers and WPAS to errive at an agreement goveming access to DDD contracted prograrns and the people served by them. GeneraL A. That all tcrms uscd in this agrccmcnt which arc dcfincd in thc Dcvclopmcntal 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 Ac! unless otherwise stated in this agleement. B. This agreement is intended to carry out the provisions_of th_e_Developmental Disabilities Aslistance and Bill of Rights 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 promuftated thereto, the terms of the Act and its implementing regulations will contol. C. If any provision of the agreement is held invalid, the parties intend that the remainder of the agreement not be affected. I. COMMUNITY ACCESS AGREEMENT 42 II. Definitions. A. Activelv Aesressive: means that the individual with developmental disabilities. is assaultinSEffittrreatening to do so, or the individual with developmental disabilities is actively harrning him or her self. B. Client Services: means legal representation. The term does not include monitoring and observation. C. Comnlaint: as defined in 45 CFR 1386, or hereinafter amended, includes, but is not limited to, anfeport or communication, whether formal or informal, *ilt"g. or oral, received by WirAS including media accounts, newspaper articles, telephone calls (including anottymoui calls), from an-y source alleging abuie or neglect of an individual with a developmental disability. D. DDD Consumer: means an individual with a developmcntal disability receiving support-fr6m a program funded by DDD. The term includes DDD consumers who have di6ii or whose whereabouts are unknown. See 45 CFR 1386.22(aX2). E. DDD Emplovees: includes those individuals who are employed Fy- ?PD or who volunteefiDDD6provide services to individuals withdevelopmental disabilities. F. Emersencies: means actions, omissions, or conditions that immediately threaten an individuffia developmental disability's health, life or well being. G. Individual with a Develonmental Disabilitv: m.eans individuals. with developmental disabilit ve been found eligible for services from DDD. H. Monitorins: means unaccompanied access to all residents of -a. program at reasonable times, which at a minimum shall include normal working and visiting ho-urs to eniure program compliance with respectto the rights and safety of DDD consumers. S99 45 c.F.R. $1386.22(9). I. Probable Cause: as delined in 45 C!'R 1386, or hereinafter amended, means a reasonable ground for belief that an individual with developmental disabilities has been, or may be, su6ject to abuse or neglect. The individu4 *$ng such determination may base tfue dscisiou op rcasonablc infcrinccs drawn fi'otn his or hcr c4pcricncc or training rcgalding similarincidents, conditions orproblems that are usually associated with abuse and neglect. J. Prosram: consistent with the definition of "facility" in 45 CFR 1386.19 includes..any setting @.oGaes care, teatnent services and habilitation, even.if gny "as needed".or undeia contractual arrangement. Programs include, but are not limited to, community living arrangements (e.g., group homes, adult family homes, congregate care facilities, boarfring lio,ires, inaividuhl residences ahd apartnent-s), day progftrms, juvenile detention centers, nursing homes, homeless shelters, jails and prisons. K. provider: means those individuals/corporations with whom DDD contracts to provide services to DDD consumers, includingbut not limited to behavioral management iervices, family support services, vocational support services, sheltered employment, tenant support, intensive ii'nant support, altemative ltying, supported living,. group home, adult fairity fiome, and congrega,:tti caie facilities, chore services, medicaid personal care and other personal assistance services. COMMUNITY ACCESS AGREEMENT 43 m. L. Provider Emolovee: includes those individuals who are employed by a provider or who vo-lunteer-for a provider to provide services to individuals with developmental disabilities. M. Records: as defined in 42 U.S.C. $ 6042 and 45 CFR 1386(22)(b), or hereinafter amended, reports prepared by any state staff or reports prepared byan agency charged with investigatinf repoits of incidents of abuse, neglec! injqy, or death that describe incidents of abuse, neglelt, injury, or death occuning at a facility, investigative documents and discharge planning records-. -The term records also includes DDD consumer abuse and neglect iommittee reports but does not include peer review death repgrts, attomey work product, and records which are otherwise privileged under state or federal law. N. Reeular Proqrarn Activity: includes work assignments, education progranui, therapy, health services, and daily living activities. O. SOLA: means the DDD consumer support program, State Operated Living Alternative. P. WPAS Client(s): (l) Individuals with developmental disabilities who do not lave a guar4ian or legal representative and who indicate either orally or in uriting to a WPAS employee that they want WPAS to represent them. (2) Individuals with developmental disabilities without guardians who .are inable to communicate their wishes regarding protection and advocacy services when WPAS has received a complaint of abuse and/orneglect about the individual with a disability, or WPAS dctcrmines that there is probable carxre 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 whosg guardian . or legal iepresentative fails or refuses to act on behalfof the individual with a developmental diiability, despite being contacted by WPAS, after a court has determined that the guardian has failed or refrres to act. (5) A WPAS client does not include those instances where WPAS represents the lJardian. WPAS shall notifr the DDD Regional Administratol s1 .llsignee in iriting that it represents the inAividual with developmental disabilities and forward a copy of that notice to either the guardian or the individual with developmental disahilities- a. WPAS Emplovees: includes paid employees,and volunteer employees as identified bt WPAS. Eachemployee shall carry WPAS identification. Access to Programs. A. DDD will not obstruct WPAS access to programs when consistent with the law and will ensure that SOLA and otherprograms saffeil by DDD employees will comply with this agreement. For programs which contract with DDD to provide services, DDD will not COMMUNITY ACCESS AGREEMENT 44 IV. obsfiuct WPAS access to programs when mnsistent with the law, but WPAS will assume primary responsibility for 6nforcing its access rights. WPAS will attempt to resolve access issues it the'lowest l6vel possible. -ln cases where there is danger of imminent or continuing harm to an individual wiih deralopmental disabilities WPAS will report the occunence to DDD, consistent with tre Washington State Bar Association Rules of Professional Responsibility and other applicable state law. In those cases and wher-e ttrele il-l pattern- of failire to proi,ide access tif WpeS to a program or DDD consumers, WP_A-S.rilill 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 identiff themselves to any staffpresent wh9'''''''''''''''',n they anive_at.a progftrm by showing a wPAS photo identification ba9ge._ rylAS shgl_!ry9v^id9 the DDD di.eltor wiih a list oTemployeei and their pictures by July 1,1997, and WPAS shall update this list as necessary. C. WPAS shall have access to SOLAs andother programs staffed by DDD employees as specified in this section. This agreement does not trffect the right of an individual with a dev6lopmental disability served by such a prcgmm who owns or rents his or her own home to den! access to WPAS to his or her home. However, Dpp -g4ployees-do not have.the right to deny WPAS access to programs or the residences of individuals who are served by programs. D. WPAS staffshall have access to all programswhen 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 houn for the pg{pose of.providing informatibn on legal rilhts and sElf advocacy to the individuals with disabilities who participate in the piogram. During the course of such access, WPAS staff shall be allowed i.t "ngig" in infonnaidiscussionslvith the individuals with disabilities, out of the presence of DDDemployees or others, in an area that affords privacy. F. WPAS staffmay visit any location where residents are served by DDD employees, where the purpose is observatiori or monitoring compliance with respect to t!," nghts and safety of iervice recipients (CFR 1386.22(9)@). Such_observation and monitoring activities need not be limited to clients of WPAS, and WPAS staff shall not be required to sslrsdulc or give prior notice of such visits tu DDD eurfloyees, pruvided lhat WPAS lns the permission of a bOO consumer. WPAS saff sErll be pe-r_mittg{ to monitor-the program without an accompanying DDD employee. WPAS staff shall conduct all monitoring activities in a manner wnfun is respeCtful of the privacy of the individuals with disabilities who reside in the monitoredprogram. Access to Individuals with Developmental 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 cou{ qppqinted attorneys. q_qP shall assist and support the profeisional relationship between WFAS and irs clients. Written consent for such access is not required. B. WPAS recognizbs that all individuals with developmental disabilities have the right to refuse to talk ui'ttr WpeS, to have a third party present during the interview, or to reschedule the appointnent for a more convenient tifnb. WPAS shall advise their clients and other individrials with developmental disabilities with whom they have contact of these COMMUNITY ACCESS AGREEMENT 45 rights before each meeting. A person who does not wish to talk with WPAS staffshall be aflowed to communicate ihis directly and privately to WPAS staff unless he or she overtly manifests fear of being alone with the WPAS staff. When the individual with a developmental disability overtly manifests such fear by words or behavior, WPAS shall respecf that person's desires and not meet alone with that person- C. WPAS will encourage its clients and other individuals ryttlt developmental disabilities to notifu DDD and/or providers of complaints regarding DDD services and to resolve those complaints through any exislng dispute resolution process. D. WPAS staffshall comply with all safety and security requirements of DDD. DDD will communicate theserequirements to WPAS staff. E. DDD employees shall not interfere with WPAS staff in obtaining a g1y$e space for meetings between lWaS staff and individuals with developlnental disabilities. Private space d-oes not mean a comer of a common area room or othei location which would afford oiher residents and DDD employees open access to WPAS employees in living.areas or.on the grounds. I)DI) employees sfiallre.spectthe confi{entiality needs_of the individual with a devElopmental disabiliiy ina WpaS. Where an individual with a developmental.disability indicatbs that he or shedoes not want to meet in a private space, WPAS staff will respect this request. F. WPAS staffwill not be requiredto schedule visits with DDD employees in advance of their visits. However, WPAS staffmay contact DDD employees to do so if access to a WPAS client or other individual with a developmental disability will be facilitated due to the individual's daily activities. G. WPAS staffshall have the right to unaccompanied access to any SOLA or program staffed by DDD employees, and access to any individual WPAS client or DD consumer they are authorized to serve, subject to the following limitations: (l) While WPAS need not notiff the DDD employees.prior to Tgeting with its ilient 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 consumtir ii served and the client or DDD consumer is engaged in regularly scheduled progrcm activity. ln such case, WPAS staffwill b-e permitted to observe or otherwiie verifr the programming without disturbing it. If WPAS staffpresence disturbs or is objected io by the WPAS client or any other DDD consumer who is present, WPAS staffshaU-make arrangements to meet with the WPAS client or bDD consumer at a later time. Where consulted prior to making an appointment, DDD employees will cooperate with WPAS statr in makin-g scheduling anangemeirts. The WPAS employee shall not disturb nor interrupt the activity. If the aitivity 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. WPAS staft'wilf then either wait untrl the actvity is completed or re-schedule the visit at a time that is mutually agreeable to WPAS staff and its individual client or DDD consumer, no laterthan 48 hours later. @ If the WPAS employee arrivesfora meeting ryith a client or DDD consumer an.-a tne individual is actively aggressive, in programming to address this behavior, or receiving "onejto-one" superuisioq in such a situation" WPAS staff will be permitte-d to observe the iniiividual from a safe distance or otherwise verifu that the individual is actively aggressive. WPAS staffwill then either: COMMUNITY ACCESS AGREEMENT 46 v. (a) wait until the individual's. aggressive behavior.has_stopped and be permitted to meet with the individual privately wfile. DDD emp.loyees remain in viewing distance; unless such distance would place the individual 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 interfere with the individual's ilehavior Support Program, Individual Program Pla4 Individlal- Service Plan, or othei program plan, nor interfere with staffing needs for other individuals with developmental disabilities; or (b) reschedule the visit at a time mutually agreeable to WPAS and DDD employees, but no later than forty-eight (4E) hours; (c) if the WPAS staff is notified that an individual i9 ertfrgr actively aggressive orreceiving one-to-one supervision and ifknowing lhis the staff cf,ooses to meet with the individual, WPAS agrees to rclease, indemnifr, and hold DDD, DSIIS, the State and its employees, agents, ofiEcers, and servants harmless for any injuries that occur from any claims or cause of action asserted by any WPAS employee or agent who is injured as a result of ryy act committed by an individual with developmental disabilities except that those circumstances where DDD employees' willful misconduct is the proximate cause of the injury to WPAS' emp-loyee or agent. WPAS agrees tnat its staff shall sign a statement to this effect prior to requesting to meet with any such individual. If the WPAS staff refuses !9 sign such an agreement, DDD employees may deny the WPAS staff access to the intividual until such time as DDD employees determine that safety to the WPAS staffis no longer an issue. When a WPAS staffmember elects to meet with an individual who is actively aggressive, it is neither negligent nor willfi,rl misconduct for a state employee to allow the meeting to take place. H. All individuals with developmental disabilities who wish to contact WPAS staff shall be provided uncensored access to witing materials, WPAS' address and toll-free telephone number, a stamped envelope, anilor access to a telephone for private conversations without monitoring by or permission from DDD employees. L SOLAs and prograrns staffcd by DDD omployccs shall pcrmit inlividuals with developmental disabiiitiJs to set appointnents with WpeS $aff at times agreeable to both the individuat with a developmental disability and WPAS staff. If the DDD employees know that ameeting with aDDD consumer will be disruptive of the DDD consumer's regular program activity, WPAS staff shall be informed of this and allowed to reschedule Ue appointnnent in order to meet with the DDD consumer so that the appointnent does not disrupt his or her regularactivity. Access to Records of IndMduals with Developmental Disabilities. A. WPAS has access to records as provided in 42 U.S.C. $ 6042, eL seq. WPAS has legal authority to review an individual with developmental disabilities' rec-o1ds only whe-n thlre is consent or, if a DDD consumer is unable to cbnsent, there is a complaint or probable cause to believe a pnD consumer has suffered abuse or neglect. WPAS has no general right to review records except in these circumstances. COMMUNITY ACCESS AGREEMENT 47 B. Upon receiving a valid, witten consent, DDD will have 48 hours in which to schedule in appoinundnt wittr WPAS so that ir may come to the record location to review specified records. DDD will veriff that WPAS hai received consent to view such records, oi if tne DDD consumer is unableio consent and there is no guardian to consent that there is a oompluint or probable oouse to believe the DDD consumer has suffered abuse or neglect. bOO strati 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: (1) any DDD consumer if he or she consents, or if_h9 or she.has a legal guardian wittr ttie power to consent forthe DDD consumer and tlnt guardian consents; a) the DDD consumer or guardian strall give written authorization for access on a form approved by WPAS andDDD jointly. (2) any 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 legal guardian' conservator, or other legal representative, or for whom the legal guardian is the state; and u) with rcspeut to whorn a uourplaiul hus l-rcctt recciietl by WPAS or with respect to'whom, as a result bf 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 vniting and will state that the resident, by_reason-of his or her mental or physicil condition is unable to authorize V[peS to have access to his or her ieiords, does not have a legal representative, and that a complaint has been received by WPAS with iespeCt to the DDD consumer or that there is probable cduse to believe the rbsident has_been subjected to abuse or-neglect. The DDD case manager will make a determination regarding whether a DDD consumer is able to consent to access within 3 working days, except in case of an emergency. (3) In the case of a resident who has a legal guardian,.and upon request by UDAS, DDD will provide WPAS with the name, address and telgphone number of the legal guardian by 5 p.m. the next business day- so-that WPAS can contact such represlntitive and offer its assistance. If the guardian has bee,n contacted by WP+S und faited or refused to act on behalf of the individual WPAS has received a complaint suffrciently that sufficiently identifies the individual or WPAS has probible cause to believe that the health or safety ofthe individual is in serirus and immediatejeopardy, WPAS shall obtain cout approval for such access. a) If a guardian refuses to consent to allow WPAS access to records, and WpeS itill wants access, WPAS will file a lawsuit to access the records and allow a tourt to determine whether the guardian has failed or refused 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 COMMUNITY ACCESS AGR"EEMENT 48 w. 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, theh WPAS shall contact the standby guardian if one has beentesilnated. If no standby guardian is appointed and the guardian is unavailable, 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 staff inay review the requested records within normal business hours in the building or room in whith such records-are provided. A DDD emp!91e9gay ri:main in the room rihile the records are viewed. Under no circumstances may WPAS staff remove the original records, or any part thereof, from the room where they are viewed. E. WPAS agrees to reimburse DDD for the costs of copies at the same r{,e-charged for public disclosurJrequests, cun€ntly $.15 per page. When fbasible, copies will be provided bn the day the copils ate re.questid. lf thaf 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 DDD Regional Administrator of the region in which the DDD consumer resides. Thereafter] their contact regarding that DDD consumer shall be the regional administrator, or his or her designee. DnD slall provide WPAS.a list with contact information for purposes of access to records. DDD agrees to update that list at least annually. G. In order to access DDD records, WPAS will send a written request directly to the DDD Regional Administator or designee in custody of the records. In the^request,-WPAS will identlff the individual whose rec-ords it seeks. WPAS need not identifr the.individual by name, but must sufficiently identifr the individual so that the person rwiewing.the reouest can determine whose records are being sought. WPAS will speciff which records it wahts and for whichtime periods. WPAS will also indicate that it has received a comp_laint conceming the individual io that it has probable cause to believe the individual has suflered abuse or nEglect. WPAS need not firth-erspecifl 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 denial be in writing and include the reason for the denial- I. WPAS will limit its request to records it considers necessary to accomplish its investigation. DDD may request that WPAS specifically identifr 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 the prpose of obtaining information about their legal rights and self-advocacy. WPAS staff shafi G allowed to englge in informal tliscussiuns with-DOn cousuulets who wish to speak to them out of the presence of DDD employees in an area that affords privacy. B. WPAS may hdve regularly scheduled information/training sessions- for. DDD consumers and parentVguaraianyfamily members regarding WPAS' services and individual rights. DDD employeei may attend outeach and scheduled information sessions only with advance written permission of WPAS staff. COMMIINITY ACCESS AGREEMENT 49 C, DDD agrees to give WPAS a list of all current DDD consumers and their addresses. DDD will 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 DD! with copies of their brochure and/bi any other information they want DDD to dishibute at that time. E. DDD agrees to require conhactors to comply with4? U.S.q. $6000 et. seq. uqg 15 C.F.R. Parts 1t85-86 by iircluding the requirement in contacts. Cunent conftacts will be amended to include this requirement when they are renewed. VII. Authority to Investigate Allegations ofAbuse and Neglect A. WPAS shall have unaccompanied reasonable access to DDD consumers and facilities when necessary to conduct a full investigation of an incident of abuse or neglect. This access shall include the opportunity to interview any individual with a developmental disability, any DDD or providii employee, or any other person who might be -reasonably believed by iVfeS to have lnowledgaof the incident under investisatigltt and to review what WPAS is entitled to review pursuant to this agreement. WPAS shall be permitted to do its orvn investigation ofallegations ofabuse or neglecl regardless ofany pending action or investigation by the State or any other individual or entity. B. WPAS' investigations shall not interfere with any other ongoing investigation. qPAS employees shall not visit areas at times that would violate any person's right to pnvacy. C. DDD shall allow and encourage all employees and providers to talk openly with WPAS employees. WPAS will not ask siaff to disrupt their work_ schedules or responsibiliiieito talk with WPAS. Except in cases of emergency, WPAS will schedule appointnents with staffin advance. D. While DDD and provider employees shall be encouraged to coopeqte with WPAS, employees have the righi to refuse t6 tatt wittr WPAS. WPAS shall notiff employees of . that right prior to any attempt to interview them. E. Any complaint concerning WPAS saffshall be immediately brought to the attention of the W?AS Ex-ecutive Director or his or her designee. Upon receipt of a complaint, the WPAS Executive Director or his or her designee shall conduCt an investigation and submit a written resporu;e to the State within fourteen (14) days in an e$ort t9 r-esolve any. complaints as expedieirtly as possible. DDD reserves the right to file formal charges if the behavior placei a DDD consumer's health or safety at risk. F. WPAS shall infonn DDD and providers, in writing, of its findings and concems upon completion of any investigation activrty undertaken pursuanl.to its authonty under 42 ti.S.C. $ 6b00 et. seo.. and ttre access rights granted to WPAS in this agreerJle.nt, in an effort to resolie DDD consumer complaints br concems prior to commencing litigation, unless WPAS bclicvu tlrat such delay wbuld result in serious injury or harm to the DDD consurncr. V[I. Implementation oftheAgreement" A. The DDD Director shall ensure that each supervisor will conduct an annual meeting with his or her staffto provide information regarding the parties' rights and_responsibilities under this afeement. ihe DDD director shallensure that each employee of DDD has read COMMUNITY ACCESS AGREEMENT 50 and signed a copy of a form indicating that they have read this agreemen! at the time of hire and afthe time- 6f his/her annual evaluation. DDD and WPAS shall develop a mutually agreed to summary of this agreement for use in r$grm|ng DID employees. of the parties' rilhts and responsibilities. When DDD and !V"Aq develop.and agreeregarding the content oithis summiry, DDD employees shall be required to read the summary, ratherthan re1{ing this agreemenq and acknowledge that they read and understood the summary with a signature. B. The agreement is effective as of the date it is signed. C. DDD agrees that having an agreement in place that would govem WPAI and DDD provider relationships is appropriate. -This agreement will affect contractual relationships, so it will be negotiated with fioviders prior to implementalign This negotiation will take place during the 1997-1998 provider conlact negotiations. DDD_will request WPAS review the propoled contact language prior to contaCt signing !y POO. Th9 Sqal. of this negotiation froiess will be to artve at an agreemgnt whiglr implements the federal statutory.and iegulatory requirements in a mannei consistent with the,pryyision of quality, individualized *"iui""s and supports topeople with developmental disabilities living inthe community. D. The DDD director will make changes as necessary to implement this agreement by September l,l997,andprior to implementing changes will conferwith WPAS. E. WPAS and DDD agree to work together to assist providers in becomin-g familiar with WPAS access to programs, DDD agrees to host a forum in- eachregion to familiarize providers with the access provisions. WPAS agrees to make staffavailable a.s-presenters at iegional forums, and othenvise as mutually agreed to with providers. DDD will distribute to providers a summary of the access provisions. This summary -will-beprepared by WPAS,-ana wiU be subject to the review andapproval of DDD priorto distribution. IX. Miscellaneous. A. WPAS agrees that its saff shall not give medical advice and shalt not engage in the practice of mediiine. It is WPAS' intent and purpogg tq give legal advice.. For example, WPAS will not tell DDD coruiumers not to take medication or that medications are wrong for them. WPAS will not discourage individuals with developmenkl disabilities from participating in programs or activities. WPAS 4ay explain D?P consumer.l.egal lghts including tE'e ;ght Io informed consent, their right to be told of the risks and benefits of medicati-on or medical procedures, their right to refuse to take medications and the procedure to follow if the DDD consumer does not wish to take medications, and their right to refuse to participate in experimental programs or research, all as guaranteed under state and federal law. B. WPAS agrees that there are some DDD consumers who are identified as medically fragile or to have behavioral concerns that require constant mgnitgring.- If WPAS requests a meEting with such a DDD corxumer and DDD determtnes that the DDD consumer cannot be left-unsupervised with a WPAS employee, a DlD or provider emp.loy-ee shall.be prysJ{ during any ineetings. If DDD consumers are hospitalized due to medical conditions, DDD tur privitltr curpl,fces uray rcmain wjthiu vicwing disiancc if ucccssary for thc DDD coniumet's healih dna safet!. The employees will not interfere with the meeting except for medical reasons and will respect the DDD consumer's privacy to the extent possible given his or hermedical needi. COMMUNIry ACCESS AGREEMENT 51 x. C. This agreement delineates the usual process by whp! WPAS and DDD will work together. In s6me situations, it may be necessary to amend these procedures. WPAS and DDD may agree to modiff ttrese pr6cedures as necessary for any particular situation. Dispute Resolution. A. WPAS and DDD agree that informal resolntion of disputes is preferred- If WPAS staff and the DDD Regionil Administator or desigree are unable to agree about an- issue regarding interpretation or application of this agreemenl -they will request the WPAS Eiecutiv-e Direitor and the DbD Director 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,.tras probabld caus6 to believe that there are exigent circumstances warranting immediate iccess. Such circumstances are defined as 'oemergencies" as defined in the access agreements. In such cases, the WP4S_ Executive Director or his or her designee shall cSntact the Director of the Division of Developmental Disabilities or his or her designee; and/or Office of the Attomey General to attehpt to resolve the dispute. If -th_e exigent access dispute is not resolv6d by the end of the following business day, WPAS.may immediateiy take any necessary iegal action, including seeking a temporary restraining order and -preliminaiy injunction or an order to show cause in order to secure the necessary alcess with6ut {oing through the ADRprocess discussed herein. When WPAS does tak6 such action, it ihall-give thl Oftrce 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 Acccss Agreements between WPAS and DDD (Commuiity), {e aggrievegpurty shall send written no"tice to the director of the other parti (e.g. WPAS Executive Director, the Director of Dl)D, or their designees) of the diiput-e and ttre desire to meet to alteql_pj_t9_rerolve the dispuie. The DDd dire-ctor (or his&er designee) -shall meet with the WPAS Executive Diiector (or hiVtrer designee) within ten days after receiving written notice form the aggrieved party. The datJof receipt of notice shall be in accordance with Civil Rule 6 of the Wistrington Cburt ttutes. 'lhe meeting may take place in percon or telephonically.. 'l'he parties [ave the right to bring their counsel to the directors meeting, however. it is. the preference of the pirties not to-have their counsel present.- In the ev^ent a. party.intends to irave his or hcr counscl prcscnt, that party will alvisc thc othcr parfy of this intcnt in alvancc of the meeting. Howev'er, when eith-er director (or his or her designee) is an attorney, it will be wrderstood and expected that the other director may have his or her attorney present withoutprior 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 par'agreph 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 meeting, but will occurno later than 30 days fiom the time mediation is agreed upon by the parties,-absent written alreement by both p-arties to extend this timeline. The mediation may iuke piuc" telephonicafiy or in airy manner the mediator believes will be efficient and condricive to a productive mediati6n. lf, at any time during the mediation, either party declares an impasse, the mediation will end. The parties are then encouraged, but not COMMUNITY ACCESS AGREEMENT 52 required, to arbitrate the dispute. The costs of mediation shall be b9I"9 "q1l4ly. !f .ttt9 parties. if no liigation results within 90 days of the complejlion of mediation, WPAS shall withdraw its acceis request. Nothing, however, prevents WP4S from renewing its request in the future should thit 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 !0 days of the execution of this agreement, the parties shall select-a panel of at least 4 mrrhtally agreeahle mediators. There wil-l be two sepaiate lists: one firr WPAS and DDD and one foi WFAS and the MIID. The parties agree that any one of the selected panel members will mediate all disputes related to ihe Access Agreement. However, the parties will rotate the order of contaciing the panel members for each mediation in a nonstrategical manner. In order to select this panel, within 60 days of execution of this agreement, the parties will each propose at least 4 mediators. The parties will exchange, via fax, their list of froposed mediat6rs -and the mediators' curriculum-vitae and any other necessary facts such ^as iost, mediation rules, etc. If the parties cannot aglee upon at least 4 mediators from the first eichange of lists, the parles-will exchange-additional lists of mediators until an agreement cin be reached. However, a final agreement must be reached no later than 90 d-ays from the date of the settlement agreement of tnis case absent written agreement for an extension of a specific amount oftime. Any party may strike a mediator from the list except that a party may not lFk". u mediator from the panel once the mediation process has been initiated to resolve a dispute. lf a party strikes i mediator from the panel, that mediator yt! be replaced by another mediitoiusing 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 through ar- bitration. Written agreement to proceei to arbitrati6n must be made rdthin five working days of the completion of inediation described in Section B. An available arbitrntor fmm the mrrtrtally agreed upon Arbitrator 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 thail 45 davs from the time arbitration is agreed upon by the parties, absent written agreement by both parties to extend this timeline. Pribr to the time of final a-greement to aibittat" the iispute, the parties shall agree in witing whether. the-arbitration decision will be binding or aivisory, ana if advisory, whether thafopinion is.admissible in court. If no lirigation iesults withiii 90 days of the complerion of this arbitration, WPAS shall withdraw its -access request. Nothing,- however, prwents WPAS from renewing its request in the future should'that become nCcessary. Irrsuch 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 selgct a-panel of at least 4 mutually igreeable arbitrators. The parties agree that any one o-f_the selected panel members will-arbltrate all disputes related io ttre Access Agreement. However, the iarties 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.agpem-enJ, $e parties will each propose at least 4 arbitrators. The parties will exchangg, via filx, their list bfproposed arbitrators-and the arbitrators'curiculum vitae an{ any.other necessary facts such a's cost, etc. If the parties cannot agree upon at least 4 arbitrators from the first exchange of iists, the parties will exchange additiohal lists of arbitrators.until gl agreement can be ieached. Howiver, a final agreement must be reached no later than 120 days from COMMUNITY ACCESS AGREEMENT 53 the date of the settlement agreement of this case absent written agreement for an extension of a specitic amount of time. Any party may strike an arbitrator from the list except that.a party may. not stike an ar.bitratur fi"riu th" panel uuce 1ltc rubitratiuu pruccss lms beeu iuitiatetl [u rcsulvc a tlisputc. If a party strikes an arbitator fiom the. pan6l, that arbinator 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 uritten agreement of the parties- I. The parties agree they will abide by the timeframes contained in the Access Agreement aira tnis sittlemeni agreement. lhe- partigs may mutually agree 1o extend any tiileframe. If a party fails to act or respond within the allotted time,, the other party may request appropriale sinctions be imposedas provided by law or civil rule. 7 /0(1 of Developmental Disabilities .1 I p\t{ \" ,l\ fu,t \ { MARK Date Executive l)irector Washington Protection & Advocacy System C'MMUNIry ACCESS AGREEMENT 54 ,.,,.11U'9 ATTACHMENT,.G" Request lor TaxPaYer ldentification Number and Certification Ca lo www.irs.govlFomwglor inatructions and the lalesl infomation' Give {orm to tho requester. Do not send to the lRS.{riry. March 2024) Depadmont ol lh€ Tr€asury lntomal Rovonuo Soryico Befo16 b6gin. For ,elalsd to tho purposo oi Form W-9, soe of brilolv. I Name of entity/indlvidual. An entry is required. {For a ele proprj€tor or di$regarded enlity, enicr the owne.'s temt on lhE l. and onter tho buEincss/dlsregarded stity'9 nfl,ne gn iine 2.) 2 gusinosg nmo/disrcgardod ontity nam6, it difforont ftom 4 Exompiious {codos cortain €ntitl€, not apply orty io individuals; str lnslnictions on page 3): €xsmpt payeo codo (il 6ny) Exempllon from Foteigo AcwuntTax Complianco Aet {FATCA} roporli,lg code {if sy) (Applios lo ,ccwnls maintainsd utsid@ tte Unitod Statas ) Requester's name and addfe$s ioptionst 7 l.,sl acc@nl .urnber(s) here o 6 o OEqo\E otre_6 4oIE ooao do Enter your TIN ilr th€ appropriaie box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individrals, thi$ is gon6rally your social socurity number {$sN}. Howev€r, for a residonr allon, sotJproprielor, or dlsrsgardod ontity, sse the in$lructions for Pa.l l, later. For olher entilies, it is your employer identitication nurnber (ElN). lf you do ilot have a number' see How lo get a nN. later. Not6: lf the account is in moro than one name. see th8 instruclions lor line 1. Ses also U?hal Nama and NumberTa Aiva the Roquaslor lor guidslinos on whoso number to enler' ot Under penalties ol pe4ury, I certity that: 1 . The numbsr shown on this form ia my corect taxpayer rdentification number (or I am waiting for a nlmber lo bo issued lo mo): and 2. I i]m not sub.iect to backup lvathholding bocause {a) I am exempt from backup lvithholding, or (b} | have not bmn notifiad by the lntemal Revonue seru,ce (lFls) that I am subiect to uact-up withhotoiirg as a result of a failure to.eport all interest or dividends, or (c) the lRs has noiilied me that I an no ionger subiect to backuP rvilhholding; and 3. I am a U.S. ciiiz€n or other U S. person {defined belol'4; and 4. Th6 FATCA oods{s) enlo.ed on ihis form 0t any} indicaling thal I am oxempt from FATCA reporling is corr{rcl, C€rtltlcallon lnstruclions. You lnust cfo33 out iten 2 atlove if you have been nollfied btrause you have iailed to tsPori all irterest and divid€nds on your tax tetutn. For real acquisition or abandonment of se'cured properiy'carcellation of debt. contributions to other than inleresl and dividonds,ar€ not 10 th€ csrtification. but Sign Here 'zazb New iins 3h ha$ bedn add€d to this fonn. A flow:through entity is reqili/ed tc cooplete this line to indicate that il has diteet or indirecl loreign partners, or,r'nels, or beneticiaries when it provides lhe t-onn W-9 to arither ilowthrough entity in which it has an ownsrship intetest. This change is intendod to provido a llow-through enlity lvith information rogarding the status of its illdirect {oroign paltnors, orvrl6ls, ol oarreliciaries. so that it cail satisly any applicabl€ roporling requirements. For axample. a padnership that has any inditoct loreign po.tn"tt *ay be reqtlircd to complcte Schodules K'2 and K-3 Soo lho harlnorship instructions tor Schodulas K-2 and K-3 (Form 1065)- Purpose of Form An irrdlvldual or entity (Fonn W-9 requester) who i$ required to lilc an infornatiorl retutn wath the IRS i9 giving you this form b€cause they General lnstructions Section references ara to the lntemal Revenue Code urlless othenvise notod. Future developmontr. For the lalesl intoflnalion about cleveloptnonts related to Form W-9 and its instructions, such as legislatiorl enacted afler they were published, go to www'irc.govlFormwg' What's New Lin€ 3a has been tnoditied to clarity hovr a disregarded entity complstes this line. An LLC that is a disreetarded entity should check the appropriate box for tho tax classificatiott of rts owner. Othemiso, it sirbukl check the "LLC" box and enter ils appropriate lax classification 96 Ch*k tt!6 appopriale box ior taderal iax clasgrficaliail of ihe slt'ly/indrvklual only ono of lho lollorv.ilg sov€r boxes. n lrldlvaduavscloproqdotor I Ccorporaion ! Scorporatlon I ParlneEbig n Trusvcstato n LLC. Enter the lax cla$slficalion {C = C erporatlon, S = S.orporatlon, P = Parlnarship} Note: Chsk the ,,Ltc" box airove and, ln the entry space, enter lhe approprlate cotje (C, S, or.P) farlhe {u ctsc$iftoalion ot the LLc, unlo6s I i$ a disrs{ardodoDilty. A disrogarded entity sloukl h\staad chmk lho altproprlafo 4 othe {$o€ krstrucllotE)-)t0l c whos€ nafie is srrteled otr lins l- Check box lor ihe lry classificalion ol its ownor 3b It on lins 3a you chgcked 'portne6hip' or "T,!stloslal€." or cbscksd "LLC" and €nte.€d "P" as its tax cla$ilication. and you are providing this fom to a parine,ghip, lruat, o' eslate in which you hflve an owngrship inleresl' ch&k lhls box l{ you havQ any toreign pa.tn€6, osne6, ol benellciariG, See inslftrotlons ' n Address (number, slrfft. snd spt. o. suile no,i,5 Ses lnslrucllons. 6 cry,codE € numberPart 7 4 IqOOb7 Part ll Kittitas County Agreement for Services (rev.5/7a/251 55 Fonr W-9 incv. r-zoz+1Cat. No, 10231X Pase2Fom W-9 {Rev.3-20241 musl obtain your correcl laxFayer identification number [IlN), which may be your social seurity number {SSN}, individual taxpayer ideitifcition number {lTlN}, adoption laxpayer identification number (ATlNf , or ernployer identification number {ElN}, to report on an inforn:ration relum the amount paid to you, or other amount reportable on an infonnation retum. Examples of information ratums include, bul are nol limited to. the following. r Form 1099-lNT {interest eamed or Paid). . Form 1099-DlV {dividends. including those from stocks ot mulual fundsl. . Form 1099-MISC (variaus lypes of income, prizes, awards, or gross proceedsJ. . Form 1099-NEC {nonemployee campensation). o Form 1099-8 {stock or rnuiual fund sales and certain other transactions by brokers). . Form 1099-S {proceeds from real estate tnansaclions). . Form 1099-K (merchanl card and third-party network transactione). r Form .1098 {home mortgag€ interest}, 1098-E {student loan interest), and I 098-T (tuhion). . Form 1099-C {canceled debt}. . Form 1099-4 (acquisition ar abandonment of secured property). Use Form W-9 only if you are a U.S. person (ncluding a resident alien), to provide your conect TlN. Caution: lf you don't retum Form W-9 to the requester with a TIN' you might be subj*t to backup withholding. See What is backup withholding,laler. By signing the lilled-out form, You: 1. Cediry that the TIN you are giving is conect (or you are waiting for a number to be iss.ted); 2. Certify that you are not subi€ct to backup wilhholding; or e. Claim exemption from backup withholdirlg if you are a U'S. exempt payee; and 4. Certify to your non-Ioreign status for purposes of withholding under chapter 3 or 4 of the Code {if applicable}; aM 5. Cediry thal FATCA code{s} entered on this form (f any) indicating that you are exempt from the FATCA reporiing is conect. See What /s FATCA Reporting, later, for further information. Nole: lf you are a U.S. person and a requester gives you a form other than Form W-9 10 request your TlN, you must use lhe requester's form if it is substantially similar to lhis Form W-9. Definition oi a U.S. person. For iederal tax purposes, you are considered a U.S. person if you are: ' An individual who is a U.S. cilizen or U.S. resident alien; . A partnership, corporation. company. or association created or organized in the Uniled States or under the laws of the United States; . An estate (other than a foreign estate); or . A domestic trusl {as defined in Fegulations saction 301 .770 1 -7}. Establislring U.S. status for purposes of chapter 3 and chaPt€r 4 withholding. Payments made to foreign persons, including certain distributions, alldcatons ol income, or tlanslers of sales proceeds, may be subject lo wilhholding under chapiet 3 or chapler 4 of the Code (sections 1 441 -'l 47 4). Under those rules, if a Form W-g or other certification of non-foreign slatus has not been received, a withholding agent, transferee, or partrrership (payor) generally appliea presumption ru1es that may require lhe payor to withhold aPplicable tax from the recipient, owner, transleror, or Parlner {Payee). See Puh 515, Wilhholding of Tax on Nonresident Aliens and Foreign Entities. The following persons rnust provide Form W-9 to the psyor for purposes ol establishing its non-ioreign stalus. . ln the case of a disregarded entity with a U.S. orvner, the U.S- owner of the disregarded entity and not fre disregarded entity. . ln the case of a qrantor trust with a U.S. grantor or other U.S. owner, generally, lhe U.Slgrantor or olher U.S. owner of the grantor trust and not the grantor trust. . ln the case of a U-S. trust {other than a granlor trusl}, the U.S- trust and not the beneliciaties of the tusl. See Pub. 515 lor more rntormation on providing a Form W-g or a certification of non-foreign status 1o avoid withholding' Foreign person, lf you are a froreign person or the U.S. branch o{ a loreigi b'ank that his elected to b6 treated as a U.S. person (under Regulalions section 1.14411tbi{2}{!v} or other applicable section for chapter 3 or 4 purpoees), do nol use Form W-9. lnstead, use the appropriate Form W-8 or Form 8233 {see Pub. 51 5}. lf you are a oudifibd foreiqn pension fund under Requlations section 1.897(l)-1 (d)' or i parrnership ihat is wholly owned by qualified foreign pension tunds. that is treated as a non-foreign person for purposes of section 1445 wilhholding, do nol use Forrn W-9. lnslead, use Form W-8EXP (or other certifi cation of non-foreign status)- Nonresident alien who becomes a resident alien' Generally, only a nonresident alien individual may use the terms of a tax trealy lo reduce or eliminate U.S. lax on certain tyP€g of :ncome. However, mosl tax treaties contain a provision knolvn as a aaving clause. Exceplions srecified in the savino clause mav permit an exemption from tax to cbntinue for certain ty;pes of incomb even after the payee has olherwise become a U-S. resident alien for tax purposes. lf you are a U.S. resident alien who is relying on an exception cont-ained in the saving claus€ of a tax treaty to claim an exemplion from U.S. lax on certai*n types of income, you must attach a stalement to Form W-9 lhat specifies the following {ive items. 1 ^ The treaty counlry. Generally, this must be the same treaty under which you claimed exemption lrom tax ae a nonresident al;en' 2. The treaty atlicle addreesing the income. 3. The article number (or location) in the tax trealy that contains the saving clause and its excePtions. 4. The type and amcunt of incorne that qualities for the exemption from tax. 5. Sufficient facts lo iuslify the exemption fmm tax under the terms of the treaty article. Exanwle, Article 20 of lhe U.S.-China income tax treaty allows an exemptibn from tax lor schotarship income received by a Chinese sludent temporarily present in the United States. Under U.S. law, this student will become a residenl alien for tax purposes if their stay in the Uniled Stales exceeds 5 calendar years. However, paragraph 2 of the {irst Protocol 1o ths U"S.-China lreaty (dated Apnl 30, 1984} allows the provisions of Aiicle 20 to conlinue to apply even after the_Chinese Ltudent becomes a resident alien of the United Siates. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relvino on this exception to claim an exemplion lrom tax on their icholarshii oifellowship iniome would attach to Form W-9 a stalemenl that includes the inlormation described above to support that exemption- lf you are a nonresident alien or a foreign enlity, give the requester the appropriate completed Form W-8 or Form 8233, Backup Withholding What is hackup wilhholding? Persons making certain payments to you must under ceriain conditions lvithhold and pay to the IRS 24% of such payments. This is called 'backup rvithholding." Paymenls that may be 3u61ect to backup withholding include, but ete not limited to, interest, tax-exemDt interest, dividends, broker and barter exchange transactions, rents, royalties. nonemPloyee pay' payments made in setllement of paymeni card and third-party network tran*aclions, and certain paymdnt! from fishing boat operalors. Real eslate lransactions are not subjeci to backup wirhholding. You will not be subject to backup wilhholding on payments you receive if you give the requesier your conect TlN, make lhe proper certificalions, and report all your taxable inlerest and div;dends on your tax return. Paymenls you reeeive will be subjecl to backup withholding if: 1. You do not fumish your TIN to lhe requesler; 2. You do not certity your TIN when required {see the instruclion6 for Parl ll for details); 3. The IRS tells the requester that you {umished an inconect TIN; 4. The IRS tells you that you are subiect to backup wiihholding because you did not report all your inietesl and dividends on your tax retum (for reportable interest and dividends only); or 5. You do not cerlify 1o the requesler that you ate-not subject to backup withholding, ds described in item 4 under "8y signing the filled- ouf foim" above {for rePorlable inleresl and dividend accounts opened after I 983 only). Kittitas County Agreement for Services (rev.5/M/251 56 Paqe 3Form W-9 tBev.3-2024) Certain payees and payments are exempl from backup withholding. See Exempt-pyee code,-later, and the separate lnstructions tor lh€ Requester of Form W-9 for more information. See also Estab/ishrng U.S. status {or purposes of chapler 3 and chapter 4 withholding, eailier. What ls FATCA Reporting? The Foreign Account Tax C,ompliance Acl {FATCA} requires a parlicipaling foreign financial institution to report all U.S. account holderb thaiare specified U.S- pemons. Certain payees ate exempt ftom FATCA reporting.'See Exemption from FATCA reporting code,later, and the lnstrualions for the Requeeter of Fom W-9 for more in{ormalion. Updating Your lnformation You must provide updated information to any person to whom you claimed to be an exempt payee il you are no longer an exempl payee and anticipate receivinq reportable paymenls in the future from this person. F6r example, y-ou may need t6 provide updated information if you are a C corporation that elects to be an S corporation,_or if you are no longer tax eiempt. ln addition, you musl fumish a new Form W-9 if the nafre or TIN chlnges for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to fumislt TlN. lf you fail to fumish your conect TIN to a requesler, you are subiect to a penalty of $50 for each such.fuilure unless youi failure is due to reasonable cause and not to will{ul neglect. Civil oenaltv for false information with respect to wilhholding. If you nraka a falsd slatemenl with no reasonable basis that resuhs in no backup withholditrg, you are subject to a $500 penalty' Criminal penafty {or falsi{ying information. Willfully falsifying certifications or affirmations may subiect you to criminal penalties including fi nes and/or imprisonment. Misuse of TlNs. lf the requester discloses or uses TlNs in violalion of lederal lalv, the requester may be subiect to civil and criminal penalties. Specific lnstructions Line 1 You must enler one of the following on this line; <lo rroi leave lhis line blank. The name should match the name on your tar retum. lf lhis Form W-9 is for a ioint account (olher than an account maintained by a {oreign financial institution {FFl}' list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. lf you are providing Form W-9 to an FFI to document a joint account, each holder of the accounl that is a U.S. person must provide a Form W-9. r lndividual. Generally, enter lhe name shown on your tax retum" lf you have changed your last name without infonning the Social Security Administration ISSA) of the name change, enter your first name' the last name gs shown on your social 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 lhe name you entered on the Form 1040 you filed wilh your applicatlon' . Sole proprietor. Enter your individual name as shown on your Form 1040 on lan'e 1. Enter your business, trade, or "doing business as" (DBA) name on line 2. . Paflnershio. C corporation, S corporation, or LLC, othertlran a disregar<.lecl'entity. Enter the entily's name as shown on the entily's ta; retumon line 1 and any business, lrade, or DBA name on line 2. ' Other €ntilies. Enler your name as shown on required U.S. lederal tax documenls on line 1, This name should match the name shown on the charter or olher legal documenl creating lhe entity. Enter any business. trade, or DBA name on line 2. . Disregarded entity. ln general, a business entity lhat has a single owner, including an LLC, and :e not a corporation, is disregarded as an entity separate irom its owner (a disregarded entity). See Reg.ulations section dot -zzo1 -2(cX2). A disregarded entity should check lhe appropriate box for the tax classification of its owner. Enter the ownefs name on ltne 1. The name of lhe owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the inc6me tax rettim on which the income should be reported. For examole. if a foreiqn LLC that is treated as a disregarded entity for U.S. {ederjd tax purposls has a singie owner that is a U-S. person, the U.S. orvnar's narneis required to be provided on line 1 ' lf the direct owner of li€ ettity is also a disregarded entity, enterthe firsl owner thal is not dis.€garAed {or tederal tax purposes. Enler th€ distegarded entity's namJon ilne 2. lf tlte owner o{ the disregarded enlrty is a foreign person, the o',ffner must complete an appropriate Form W-8 instead of a Form W-s. T}ris is lhe case even rf ihe loreign person has a U.S. TlN. Line 2 lf you have a business narn€, lrade name, DBA name, or disregarded entitlr name. enter it on line 2. Line 3a Check the appropdate box on line 3a for the U,S' federal tax classification of the perscn whose name is entered on line 1' Check only one box on line 3a. Line 3b Check this box if you are a partnership {inctuding an LLC cla$ified as a padnership for U-S. federal tax purposes), lrust, or estate that has any ioreign partners, owners, or beneficiaries, and you are providing this form-to a partnership, trust, or estate, in which you have an ownership interest. You musl iheck the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign slalus or i{ you receive a Form W-9 lrom any partsrer, owner, or beneficiary that has checked the box on line 3b. Note: A partnership that provides a Form W-9 and checks box 3b may be requiied tc complele Schedules K-2 and K-3 {Form 1065). For more infomation, see the Partnership lnstructions for S{hedules K-2 and K€ {Form 1065}. lf vou are required to complete line 3b but failto do so, you may not receive rhe information nece'ssary to file a conect information retum wilh lhe IRS or fumish a conecl payee statement to your partners or beneficiaries. See. for example, sections 6698, 6722, and 6724 lor penalties that may apply. Line 4 Exemptions lf vou are exempt from backup withholding andlor FATCA reporting, eriLer irr ilre appiopriate spaui orr lirre 4 illy code{s} tllat lllay alrply to you- Exenrpt payee code, . Generalty, individuals {including sole proprietors) are not exempt from backup vrithholding. . Except as prpvided below, corporalions are exempt {rqq backup wilhholbing fbr certain payments, including interesl and dividends- r Corporations ffe not exempt from backup withholding for payments made in settlement of paymeirl card or third-party network transactions- . Corporalions ate not exempt from backup withholding wilh respecl to attomiys'fees or gross proceeds paid to atlomeys, and corporations that provide medicil or health care serviceG are not exempt with resPect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempl from backup wilhholding. Enter the aPpropriate code in the space on line 4. 1 -An organization exempt from tax unde. seclion 501(al, any IRA' or a cuslodiai account under seclion 403(bXZ) it the accounl satisfies the requirements of section a01 (f)(2). lF the entity/indiviclual on line I isa(n)... THEN check dre box for r Corporation Corporation" r lndivijuaj or . Sole pmpaetorship lndividual/sole ptoprielor . LLC classified as a partnership for U.S. federal lax purposss or . LLC lhat has filed Folm 8832 or 2553 electing 10 be taxed as a corporalion Limited liability company and enler the appropriate lax classification: P = Partnership, C=Ccorporation,or S = S corporation. Parinership Partnership. . Trust/estate Trusvestate^ Kittitas County Agreement for Services (rev' 5/74/25 57 Page 4Form W-9 (Hev.3-2024) Z-The United States or any of its agencies or instrumentalilies. 3-A etate, the District of Columbia, a U.S. commonwealth or terrilory' or any of lh€jr political subdivisions or:nstrumentalities. 4-A foreign govemment or any of its political subdivisions, agencies, or instrumentalities. 5-A corporation. 6-4 dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S" commonwedth or tenitory. 7-A futures commiesion merchant regislered wilh the Commodity Futures Trading Commission. 8-A real estate investment trust. 9-An entity legistered at all times during the tax year under lhe lnveslment CompanY Act ol 1 940. 10-A common trust fund operated by a bank under section 584(a)- 1 1 -A financial institution as delined under section 581. 12-A middleman known in lhe investment community as a nominee or cuslodian. 13-A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may tre exempt from backup w-ithholding. Thachan aPplies to the exemPt payees listed above, l through 13. lF the payment is for THEN the paym€nt:s exemPt lor... . lnterest and dividend payments All exempt payees except lorT- transactions payees 1 through 4 and 6 F-A dealer in securities, commodities, or derivative iinancial inslrunrents (including notional principal conlracts' futures, fgnaards, and opiions) that is registered as such under the laws of lhe Uniled Slates or any stale. G-A real estate inveslment taust. H-A regulated investrnent comPany as defined in secticn 851 or an entiiy registered at all times during the tax year under tfie lnveetrnent Company Act ot 1940. l-A common trust lund as defined in seclion 584{a}. J-A bank as defined tn section 581. K-A broker. L-A trust exempt from tax under section 664 or described in section aeaT(a){1}. M-A tax-exempt trust und€r a section 403(b) plan or section 457{9) plan. Note: You may wish to consult wilh the financial institution requesting lhis form to determine whether the FATCA code and/or exempl payee code $rould be completed. Line 5 Enter your address {number, street, and apartment or suite.n-umber}. This ii where the requester of this Form W-9 will mail your information retums. lf this address dilfers from lhe one the requesler already has on Jite, enter "NEW" at the top. lf a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city. state, and ZIP code. Part l. Taxpayer ldentification Number {TlN) Enter your TIN in the appropriate box. lf you are a resident alien md you do not have, and are not eligible to get, an.SSN, your TIN is your iRS lTtru. Enter it in the entry spice for the Social security number. lf you do nol have an lTlN, see How to get a IliV below. lf you are a sole propdetor and you have an EIN' you may enter either ycur SSN or ElN. lf you are a single-member LLC that is disregarded ss.an entity seoirate from itsbwner. enler the owner's SSN (or ElN, if the owner has oni;. tt th" LLC is classified as a corporation or partnership. enter the entity's ElN. Note: See What Name and Number To Give the Fequester, later, for further clarification of name and TIN combinalions. How to get a TlN. lf you do nct have a TlN. apply for one immediately. To applffor an SSN, get Form SS-5, Application for a Social Security Carci, from your local SSA office or get this form online at www,SSA.gov. You may also get thisform by calling S0o--772- 1213' Use Form W-7, Application ior IRS lndividualTaxpayer ldentification Number, to dpply for an lTlN, or Form SS-4, Application for Er.nployer ldentification'lriumber, to apply for an ElN. You can apply for an EIN online by accessing the IRS website at www.Jrs.govlE/N. Go to www.irs-.govlFormJ to view, download, or print Form W-7 and/or Form SS-4. O;yuu catt ge.r tu www.r'rs'gavlAdaFuuts lu place atl ulder alld have Fomi W-7 and/or Fcrm S$4 mailed to you within 15 business days. lf you are asked to complete Form W-g but do not have a TlN, alply {or ittN and enter "Applied For" in the space for theTlN, sign-and date lhe form. and give it t6 the requester. For interest and dividend payments, and certain payments made wittr respect to readily tradable insiruments, you will generally have 60 days lo get a TIN and give it to the reouestei b€fore vou are subiect to backup withholding on pavmeirts. The 60-da'y rule does'not apply to other types of payments' You will be subject tobackup withholding on all such payments untl you provide your TIN to the requester. Note: Entering "fuplied For'' means thal yau have already applied for a TIN or that uo-u intehd to aoolv for one soon. See also Estabishing U.S. status for plryoses of chaitiei s and chapter tl withholding, eatlier, for when you'may instead be-subiect to withholding under chapter 3 or 4 of the Code. Caution: A disregarded U.S- enlity that has a loreign owner must use the appropriale Form W-8. through 1 l and all C corporations. S corporations must not enter an exempt payee code because theY are exempt only for sales of noncovered s€curities acquired 10 2012. . Barter exchange transaclions Exempt payees 1 through 4. and dividends . Payments over required to be reported and direct sales over $5,ooot r Payments made in settlement of payment card or third-PartY network ltEnsactions I See Form 10s9-MlSC, Miscellaneous lnformation, and its instructions, 2 However, the following payments made to a corporation and reportable on Form 1 o99-MISC are not exempt from backup withholding: medical and heallh care paymenls, atlomeys' fees, grcss proceeds faid to an attorney reportable under seclion S045(fl' and payments tor services paid by a federal executiva agency. Exemption lrom FATCA reporting code. The following codes identify payee's that are exempt from reporling under FATCA. These codes apply to ptr=on" submitting this form for accounts marntained outside oi it'-* Uriit"O States by cenain {oreign financial institutions- Therefore, if you are only submittin'g this form foian account you.hold in the United States, you may leave this fleld blank. Consult with the person requesdng this iorm i{ you are uncedain if the financial inslitution is sublecl to these requirements. A requester may indicate that a code is not reouired bv providinq vou wilh a Form W-9 wilh "Not Applicable" (or any siriilar indic'ation) en-ttired on the line {or a FATCA exemption code. A-An organization ex€mpt from lax under seclion 501 {a) or any individual retirement plan as defined in section 7701 (aX37). B-The United States or any of its agencies cr instrumentalities- C-A state, the District ol Columbia, a U.S- commonwealth or tenitory, or any of lheir political subdivisions or instrumentalities- D-A corporation the stock of which is regularly lraded on one or more established securities markets, as described in Begulations section 1.1 472-1 (cX1Xi). E-A corpcration that is a metnber of the same exPanded affiliated group as a corporation described in Regulations section 1.1472-1{cX1}(i)- Generally, exempt payees 1 through 5-2 Exempt payees 1 through 4. Kittitas County Agreement for Services (rev.5/7a/25) 58 FqeSForm W-9 (Rev.3-2024) Part ll. Certification To establish to the withholding agent that you are a U.S. person' or resident alien, sign Form W-9' You may be requesled to sign by the withholding agerit even if item 1, 4, or 5 below indicates olherwise' For a joint account, only the person whose TIN is shown in Part I should sign (when required). ln the case of a disregarded entity, the person identified on line I musl sign. Exempt payees, see Exempt payee code, earlier, Signature requiremenls. Complete the certificalion as indicated in itemslthrough5below' 1. lnterest, dividend, and barter exchange accounts opened belore 1984 and broker accounts considered active during 1983' iou must give your correct TlN, but you do not have lo sign the certification. 2. hrterest, dividend, trroker, and barter exchange accounls orened after 198i1 and broker accounts considered inactive during iii$. V* must sign the cerlification or backup witrholding will aaply' If you are subiect to backup withholding and you are merely providing yorl' "on*i TIN to lhe requester, you must cross out item 2 in the certificailon before signing the form. 3, Real estate transactions. You must sign the c€rtification' You may crosa out item 2 of tfie cerlification. 4. Other paynrents' You must give your conect TlN, but you do nol have to sign the certification unless yott have been notified that you have prev-iouslv oiven an inconect TIN- 'Other payments" include piym'ents mad'e"in the cours€ of the requester's trade or business {or rents, royalties, goods (other than bills tor merchandise), medical and heafth cire services (including payments 10 corporations), pa-ymenls to a nonemolovee for services, pavments made in selflement of payment Jard and'thiid-party netwo*'trjnsactions, paymenls to certain fishing boat crew members and ishermen, and gross proceeds paid lo attomeys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonmenl of secured urooerw. cancellation of debt, quali{ied tuitiolr program oavrnenti {uhde; section 529}, ABLE accounts (under section 529A}' iRA. Coveraett ESA, Archer MSA or HSA contribtrtions or rlistiibutions, and pension distributions. You must give your cofiect TlN, but you do not have to sign the certification. What Name and Number To Give the Requester 1 List {irst and circle the name of lhe person whose number you fumish' lf only one p€rcon on a ioini accounl has an SSN, lhat Fetson's number must be fumished. zCircle the minor's name and fumish lhe minor's SSN. sYou must show vour individual narne on line 1 ' and enter your business oi -og'A na;r;-ii aitv. on line 2. Yor may use either your SN or EIN [f you have one), but the IRS encourages you to use your SSN. a List {irst and circle the name of lhe trust, estate. or pension trust' {Do not fumish ihe TIN of the personal representative o; truslee unless the legal entity itself is not designated in the account tille.i 'Note: The grantor must also provide a Form W-9 to tfie truste€ of the tru9t. .* For more information on optional filing methods lot gt:lnto. busts, see the lnslructions for Form 1041, Note: lf no name is circled when more lhan one name is lisled, the number will be considered to be that of the first name listed. Secure Your Tax Records From ldentity Theft ldentitv theft occurs when someone uses your penional inlormation. such ai your name, SSN. or other identifoing information, t'rithout your permission to commit {raud or ather crirnes. An idenltly thie{.may use your SSN to get a iob or may liie a tax rehjm using your SSN to receive a refund. To reduce your risk . Protect your SSN, . Ensure your employer is prolecting your SSN, and . Be careful when choosing a tax letum Preparer. lf vour tax records are aflected by identity lheft and you receive a noliie from the lFlS, respond right away lo the name and phone number printed on the lFlS nctice or letter. lf vour tax records are not cunenllv affected by idenllty thefl bul you thin( you are al risk due to a lost or itolen purce or wallet. quesiionable credifcard activity, or a queslionable credit repot contact lhe IBS ldentiry Theft Hotline at 800-908-4490 or submit Fonn 14t139' For more information, see Pub. 5027, ldentity Theft lnformation for Taxpayers. For this of accounl: 8- Disregarded entity not ovined by o individml 9- A valid lru$t, B$tate, or pensim lrust 10. Corporation or LLC electing corporate status on Fm 8832 or Frym 2553 11. Ass@irtim, club, rcligios, chwikble, educational, or other til-exflPt organiation 12- Partnership or mufti-mmber LLC 13, A broker or regisieFd rominm 1 4 . Acmur{ with the Departmst of Agricuhure in lhe name of a Public entity (such c a state or lrcal gDvemtrtrrt" schml dbtrict. or prisonl that rtreives agdcultunl Program payments 1 5. Granlor trust filing Fm 1041 or under lhe Optional Frling Method 2. requiring Fom 1G9 (se Regulatiom swtion 1.67.1 -4(bX2XiXB))" Give name and €lN of: The ourer Legnl enti8{ Th€ c{poralien Ttre organinlim The partrership Tle bro*s or nominee Th€ public stity Th€ trust For this of account: 1, lndividual 2, Two or more individuals {loint account) other lhan an sccount maintained by m FFI 3- Two or more U,S. penons (joint account maintained by an FFI) 4. Cuslodial account oJ a mins (Unifom Gift to Minots Act) 5- a. The usu3l revmble xvings tust (grmlor is alw trustee) b. So-called trust accrunt thal is not a legal or valirJ trusl undtr stale law 6- Sole proprietorship u disreguded mtity owned by an individual 7. Gmntor trust filing under Optirml Filing Method 1 {see Flegulations s*tion 1.671 -a{bX2XiXA)}" Give name and SSN ol: The The rctual o$er of the accrunt or, if mmbined tunds. the firet individual on ihe accounll Eadr holder of lhe account The minorz The gr$tor-lrust*l The actual ownerl The ownerg The grmtor' Kittitas Cou nty Agreement for Services (rev . 5h4/25) 59 Page 6Fom fv-g {Rsv. 3-2024) Victims ol identity theft who are experiencing economic.harm or a systernic problem, br are seeking heli in resolving tax problems that hlve not been resolved through hormal channels, may be eligible for Taxpayer Advocate Service ftAS) assistance. You can reach TAS by cattiirg fre tAS toll-ftee case intake line at 877-777-4778 orTfYlTDD 800-829-4059. Protecl yours€ll from suspicious emails or phishing schemes. Phishing-b lhe creation and use of email and websites designed to mimic legitimate business emails and webeites' The mosl common act is sending an email to a user falsely claiming. to be an established legitimatienterprise in an attemPt to scam the user into sunendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does nol request personal detailed information lhrough email or ask taxoaverc for the PIN numbers, passwords, or similar secret access infdrniation for their credit card,-bank, or other linancial sccounts. lf vou receive an unsolicited email claiming to be from the lRS, forwird this message to phishing@irs.gov. You may also report misuse of the IRS name, loqo, or other IRS property to the Treasury lnspector General for Tax Adririnistration (IIGTA) at 800-366-4484. You can lonrard suspicious emails to the Federal Trade Commission at spam@uce.gov or report them alwww'ftc'govlcomdaint- You can contact the-FTC at www, ftc.govl idtheft or 877-IDTHEFT (817-4it8-433si' * you have been the victim oJ identity theft, seewww.ldentityTheft.gov and Pub. 5027. Go to www.irs.govltdentitylheftlo leam more aboul identity theft and how to rcduce your risk. Privacy Act Notice Section 8109 of the lritemal Revenue Code requires 1tou lo provide your conect TIN to persons $ncluding federal agencies) who, are required lo fife :n{ormafiort relurns with lhe IRS to report interest, dividends, or certain other inaome paid to yo.l; mo/tgage inletest you paid; the acquisition or abandonment if securedfroPerty; the-c-anc€llation of debt; o{ conlributions you made to an !RA, Archer MSA, or HSA' The oerson collectinc this form uses the inlormation on the form to file information retuirs with the lRS, reportirg the above information. Routine uses al thb infarmgtion include giving it to the Department of Justice for civil and criminal lhigation and to chies, stales, the District of Columbia, and U.E. commonwealths and tenitories for use in administerina lheir laws. The information may also be disclosed to olher countries unier a treaty, to federa! and statsagencies to enlorce civil and criminal laurs, or to federal law enforcement and inielligence agencies to combat terrorism. You m.ust provide your'l1N wftether or not y6u are required to file a tax relurn. Under section 34o6,.payors must lenerally *tnhold a percentage o{ taxable interest, dividends' and iertain othet payments to a pa.yee who does not give a TIN-to lhe payor' Certain penalhes may also apply for providing false or fraudulent information. Kittitas County Agreement for Services (rev.5/74/25) 60