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HomeMy WebLinkAbout040918_ca10615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda March 20, 2018 ,JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director Anna McEnery, Developmental Disabilities DATE: 4 /q/ olott SUBJECT: Agenda Item — Professional Services Agreement — Skookum Corporation Contract Services for Group Supported Employment; July 1, 2017 — June 30, 2018; $38,097.00 STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities Division is requesting Board approval of the Professional Services Agreement with Skookum Contract Services, to provide Group Supported Employment Services; July 1, 2017 — June 30, 2018; $38,097.00. ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: The Professional Services Agreement with Skookum Contract Services, is for Group Supported Employment. Skookum will provide individualized services to support persons with developmental disabilities to be involved in paid, productive employment at locations or in businesses that provide employment or training for individuals with disabilities at or above the state's minimum wage. These services may include intake, discovery, assessment, job placement, coaching/supports, job replacement, worksite job training, development of natural supports, and follow -along to maintain a job & and record keeping. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the agreement with Skookum Contract Services is through the Developmental Disabilities Administration with DSHS and is identified in the budget under vocational services. RECOMMENDATION: JCPH management requests approval of the Professional Services Agreement — Skookum Contract Services for Group Supported Employment; July 1, 2017 — June 30, 2018; $38,097.00. Philip Morley, Qou is rator Date Community alth Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 SUBCONTRACT FOR PROFESSIONAL SERVICES AGREEMENT GROUP SUPPORTED EMPLOYMENT Between JEFFERSON COUNTY HEALTH & HUMAN SERVICES And SKOOKUM CORPORATION This agreement is made and entered into between Jefferson County Public Health (COUNTY) and Skookum Contract Services (SUBCONTRACTOR) for provision of Supported Employment to Persons with Developmental Disabilities in Jefferson County. The term of this agreement is July 1, 2017 through June 30, 2018. This Contract may be terminated by either party upon 60 days written notice. Termination of this Contract shall not constitute a breach. It is agreed Upon by Both Parties as Named Herein as Follows: A. PROFESSIONAL SERVICES Professional services to be provided by SUBCONTRACTOR shall include: (1) Group Supported Employment Services - Evaluation, employment, training and supervision of adults with disabilities who are earning wages per Exhibit A - Statement of Work. (2) Program management. B. OBLIGATIONS SUBCONTRACTOR shall fulfill the following obligations: (1) SUBCONTRACTOR shall comply with all state and federal requirements regarding the confidentiality of Client records. Client information is not disclosable to the public. Information acquired pursuant to RCW 7IA. 14.070 requires a signed Release of Information or a signed Oath of Confidentiality Form. (2) SUBCONTRACTOR is required provide background checks, pursuant to RCW 43.43.830-845, RCW 74.15.030, and Chapter 388-06 WAC, which state that any prospective employee or volunteer who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment, or involvement with the business or organization, must have a background/criminal history clearance before they have unsupervised access. The DSHS Background Check Central Unit (BCCU) must be utilized to obtain background clearance. (3) If SUBCONTRACTOR reviews the application and elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in Chapter 74.34 RCW, then DDA shall deny payment for any subsequent services rendered by the disqualified individual provider. (4) COUNTY and its SUBCONTRACTOR are mandated reporters under RCW 74.34.020(13) and must comply with reporting requirements described in RCW 74.34.035, .040 and Chapter 26.44 RCW. If the County is notified by DSHS that a subcontractor staff member is cited or on the registry for a substantiated finding, then that associated staff will be prohibited from providing services under this Program Agreement. (5) SUBCONTRACTOR is required pursuant to RCW 74.15.030, that if any prospective employee who has not resided in Washington State during the last three years, and who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment, or involvement with the business or organization, must have an F.B.I. Fingerprint Check before they have unsupervised access and before prospective employer begins working. The DSHS Background Check Central Unit (BCCU) must be utilized to obtain background clearance. (6) Work performed consistent with this Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. SKOOKUM GRP Contract 2017-2018 Page 1 of 20 (7) SUBCONTRACTOR is required to repeat the background/criminal history clearance for all employees or volunteers who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment, or involvement with the business or organization, every three years. The DSHS Background Check Central Unit (BCCU) must be utilized to obtain background clearance in accordance with RCW 43.43.830-845, RCW 74.15.030 and Chapter 388-06 WAC. (8) SUBCONTRACTOR shall comply, as mandated reporters under RCW 74.34.020 (11), with all state and federal requirements under RCW 74.34.035, .040 Abuse and neglect of Vulnerable Adults; RCW 26.44, Abuse of Children; the WACs: 275-26 Division of Developmental Disabilities Services Rules; 296-24 General Safety & Health; 296-62 General Occupational Health Standards; WACs: 388-828 Developmental Disabilities Administration, (DDA) Assessment; 388-845 Home and Community Based Waivers; Definitions 0001; Criteria for HCBS Services 0030; Basic Waiver Services 0200; Basic Plus Waiver Services 0210; Core Waiver Services 0215; Community Protection Waiver Services 0220; 0600-0610 Community Access Service; Supported Employment Service 2100. (9) SUBCONTRACTOR shall comply with the following Developmental Disabilities Administration, (DDA) Policies: 3.01 Client Service Plans; 5.01 Criminal History Background Checks and Safeguarding Personal Information; 5.02 Necessary Supplemental Accommodation (NSA); 5.03 Client Complaints; 5.05 Limited English Proficiency (LEP) Clients; 5.06 Client Rights; 5.13 Protections From Abuse; 5.14 Positive Behavior Support; 5.15 Use of Restrictive Procedures; 6.08 Mandatory Reporting Requirements for Employment and Day Program Services Providers; 6.13 Employment/Day Program Provider Qualifications; 9.07 Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); 12.01 Incident Management; 13.04 DRW Access Agreement, and County Guide to Achieve Developmental Disability Administration's Guiding Values. (10) The COUNTY staff who performs on-site evaluations of SUBCONTRACTOR work sites, will promptly report to DSHS per DDA Policy 5.13, Protection from Abuse: Mandatory Reporting, 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) If 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. (11) SUBCONTRACTOR shall comply with the following referenced documents found at DDA Internet site hUs://www,dshs.wa,gov/dda/coun_iy-best-practices under "Counties": (1) DDA Policy 4.11, County Services for Working Age Adults; (2) WAC 388-850, WAC 388-828, WAC 388-845-0001, 0030, 0205,0210, 0215, 0220, 0600-0610, 1200-1210, 1400-1410, 2100, 2110; (3) Criteria for Evaluation. (12) SUBCONTRACTOR shall meet the definition of Quality Assurance, by adherence to all Program Agreement requirements and reasonably expected levels of performance, quality, and practice by adherence to: • DDA Policy 6.13, Employment/Day Program Provider Qualifications, littps://www.dshs.wa.gov/ddaJpolicies-and-rulesJpolicy-ma_n_ual; • County Guide to Achieve Developmental Disability Administration's Guiding Values (13) The DRW Access Agreement with DDA, assures that the COUNTY and SUBCONTRACTORS have reviewed the Access Agreement. The Access Agreement covers DRW's access to individuals with developmental disabilities, to clients, to programs and records, to outreach activities, to authority to investigate allegations of abuse, neglect, and other miscellaneous matters, and it is binding for all providers of DDA contracted services. SKOOKUM GRP Contract 2017-2018 Page 2 of 20 (14) SUBCONTRACTOR shall have written policies regarding sexual harassment and non-discrimination (said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants; regarding agency medication procedure; regarding respectful staff -to -participant interactions (i.e.: including a person's right to be treated with dignity and respect free of abuse). (15) SUBCONTRACTOR shall assure that participants, in accordance with Necessary Supplemental Accommodation (NSA) Policy 5.02, have been informed of their rights; what services and benefits may be expected from the program; the program's expectations of them; and, if necessary, shall assure that the participant's family, guardian or advocate is also informed. (16) SUBCONTRACTOR shall have a grievance policy that: • negotiates conflicts and advises participants of grievance procedures • is explained to participants and others in accordance with the NSA, DDA Policy 5.02 • prohibits retaliation for using the grievance process • includes a non -retaliation statement • assure that advocates are available and encourages participants to bring advocates to help negotiate ■ includes a mediation process that promotes the use of someone who is unaffected by the outcome if conflicts remain unresolved (a DDA Case Resource Manager may be included as an alternative option) • includes a process for tracking and reporting grievances (17) SUBCONTRACTOR shall obtain and retain in the clients' files signed proof of client's and/or family's review of all policies, provider expectation, and receipt of information about services and benefits to be provided by the program. The signed proof required by this section shall be reviewed and renewed, with new documentation, annually. (18) SUBCONTRACTOR will encourage participant involvement in policy development. (19) SUBCONTRACTOR shall update Client Intake Forms every 6 months during the Client Review meeting. (20) SUBCONTRACTOR shall assure potential conflict of interest, real or apparent, will not arise. Such a conflict will arise when: The employee, officer or agent, any member of immediate family, Guardian / decision maker, or an organization that employs or is about to employ any of the above has financial or other interest in the client(s). (21) SUBCONTRACTOR shall have adequate staffing ratios and patterns to maintain quality and safety. (22) All services for persons with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health, and safety regulations. (23) SUBCONTRACTOR shall track and analyze incident reports for potential trends and patterns. (24) Current emergency contact and medical information (medications, diet, allergies, etc.) needed during the hours of service is readily available for each participant. (25) The COUNTY and all SUBCONTRACTORS are mandated reporters under RCW 74.34.020(11). All parties must comply with reporting requirements described in RCW 74.34.035, 040 and Chapter 26.44 and must adhere to DDA Policy, 6.08 Mandatory Reporting Requirements for Employment and Day Program Service Providers. All service provider employees, contractors, and volunteers are mandatory reporters and must report every incident of observed, reported, or suspected abuse, improper use of restraint, neglect, self-neglect, personal or financial exploitation, abandonment and/or mistreatment of clients. (26) The Employment Phases & Billable Activities document defines the individual Client services that DDA reimburses. That document is located on the DSHS DDA County Best Practices Web site at htt s://www.dshs.wa. ov/dda/count -best- ractices. SKOOKUM GRP Contract 2017-2018 Page 3 of 20 (27) SUBCONTRACTOR is required to maintain the following minimum organizational capacity in order to meet the performance standards set forth in this agreement. Failure or inability of SUBCONTRACTOR to meet any or all of these minimum capacity requirements, as determined solely by COUNTY, may be cause for termination of this agreement as provided herein. (a) Accreditation: SUBCONTRACTOR must be able to demonstrate conformance to Commission on Accreditation of Rehabilitation Facilities (CARF) standards for quality assurance and CARF accreditation. (b) Confidentiality.; SUBCONTRACTOR shall protect and maintain all Confidential Information gained by reason of the Program Agreement against unauthorized use, access, disclosure, modification or loss. This duty requires the COUNTY to employ reasonable security measures, which includes restricting access to Confidential Information through: (28) Data Transport: When transporting DSHS Confidential Information electronically, including via email, the Data will be protected by: (a) Transporting the Data within the (State Governmental Network) SGN or Contractor's internal network, or; (b) Encrypting any Data that will be in transit outside the SGN or Contractor's internal network. This includes transit over the public Internet. (29) Protection of Data: The Contractor agrees to store Data on one or more of the following media and protect the Data as described. All electronic Data must be encrypted using at least an encryption standard of AES 128 bit. Electronic Data can be on desktops, laptops and other portable devices, servers and external media: (a) Hard disk drives: Data stored on local workstation hard disks. Access to the Data will be restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. (b) Network server disks: 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 ID 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. (c) For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data as outlined in Section 5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. (d) Optical discs (CDs or DVDs) in local workstation optical disc drives: Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secured Area. When not in use for the contracted purpose, such discs must be locked in a drawer, cabinet or other container to which only Authorized Users have the key, combination or mechanism required to access the contents of the container. 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. (e) 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 Secured 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 ID 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. (f) Paper documents: Any paper records must be protected by storing the records in a Secured Area which is only accessible to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. SKOOKUM GRP Contract 2017-2018 Page 4 of 20 (g) Remote Access: Access to and use of the Data over the Stale Governmental Network SGN or Secure Access Washington (SAW) will he controlled by DSHS staff who will issue authentication credentials e.. a Unique User ID and H rdened Password to Authorized Users on Contractor 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 Contract r and whenever an Authorized User's duties change such that the Authorized User no Ionger re uires access to perform work for this Contract. (h) 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. If so authorized, the Data shall be given the following protections: (2) Encrypt the Data with a key length of at least 128 bits (3) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. (4) 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. Physically Secure the portable device(s) andlor media by: (5) Keeping them in locked storage when not in use (6) Using check-in/check-out procedures when they are shared, and (7) Taking frequent inventories (8) When being transported outside of a Secured Area, portable devices and media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data. (9) Portable devices include, but are not limited to; smart phones, tablets, flash memory devices (e.g. USB flash drives, personal media players), portable hard disks, and laptop/notebook/netbook computers if those computers may be transported outside of a Secured Area. (10) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs), magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC). Data stored for backup purposes: (1) DSHS data 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. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition (2) DSHS Data may be stored on non -portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition. (j) Data Segregation: (1) DSHS 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. It 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. (2) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS data. And/or, (3) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, (4) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or, (5) 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. (6) When stored as physical paper documents, DSHS Data will be physically segregated from non-DSHS data in a drawer, folder, or other container. SKOOKUM GRP Contract 2017-2018 Page 5 of 20 (7) 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. (30) Data Disposition: When the contracted work has been completed or when no longer needed, except as noted in Section 3. Protection of Data b. Network Server Disks above, 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 Removable media (e.g. floppies, USB flash drives, portable hard disks) excluding optical discs Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single character data, or Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Paper documents with sensitive or Confidential Information Recycling through a contracted firm provided the contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential Information requiring special handling (e.g. protected health information On-site shredding, pulping, or incineration Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tae Degaussing, incinerating or crosscut shredding (31) Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery If 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. (32) SUBCONTRACTOR shall provide the following: (a) Equal Access: SUBCONTRACTOR will assures equal access to persons who do not speak or have a limited ability to speak, read, or write English well enough to understand and communicate effectively (reference: DDA Policy 5.05, Limited English Proficient (LEP) Clients). (b) Financial and Program Management: SUBCONTRACTOR will maintain an administrative/organizational structure that clearly defines responsibilities; systems and personnel to maintain accounting records that accurately reflect all program revenues and expenditures; prepare monthly statements of activity (ADSA Reports); maintain appropriate client service records and progress reports; and track key program performance indicators. (c) Participants: SUBCONTRACTOR has a commitment to support integration of individuals with developmental disabilities with people who are not disabled and has involved participants with developmental disabilities in policy development. (d) Partnerships: SUBCONTRACTOR has a history of working cooperatively with community-based organizations including Employers, other Agencies, the COUNTY DD Program, the Division of Vocational Rehabilitation (DVR), and the Schools. (e) Performance Plan: SUBCONTRACTOR has a written performance plan that describes its mission, program objectives, expected outcomes, and describes how and when objectives will be accomplished; and will assure the plan is evaluated at least biennially with revisions based on actual performance. (f) Quality Assurance Plan: SUBCONTRACTOR has a written quality assurance plan that evaluates Client progress every 6 months by looking at: SKOOKUM GRP Contract 2017-2018 Page 6 of 20 (1) Increased wages (by acuity) (2) Increased number of working hours (by acuity) (3) The number of new jobs (by acuity) (4) Job loss and why — retention rates (by acuity) (5) The percentage employed (by acuity) (6) Looking at Quantitative -(Data) vs. Qualitative -(Narrative) (c) Internal Control Systems: SUBCONTRACTOR has sufficient policies and procedures for establishment and maintenance of adequate internal control systems. SUBCONTRACTOR 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 prolonged absences occur. (d) Qualified Staff SUBCONTRACTOR will provide adequate, qualified staff with skills and experience in evaluation, training, supervision, counseling and support of adults with developmental disabilities who are earning wages, per the attached Statement of Work. SUBCONTRACTOR will assure that all direct service staff are trained, and that training is documented. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications upon request. (e) Safe : SUBCONTRACTOR will provide evidence that it employs safety protection based on the environment in which the participant is working or receiving services. (f) Integration: Employment and day services must adhere to the Home and Community Based settings (HCBS) requirements of 42CFR 441 530(a)(1), including that: (1) The setting is integrated in the greater community and supports individuals to have full access to the greater community; (2) Ensures the individual receives services in the community to the same degree of access as individuals not receiving Medicaid HCBS; (3) The setting provides opportunities to seek employment and work in competitive integrated settings; and (4) The setting facilitates individual choice regarding services and supports, and who provides them. (g) Employment Ca apacity_: SUBCONTRACTOR will maintain business operations, exclusive of this agreement, sufficient to provide jobs for up to 4 Group Supported Employment program clients of at least 16 hours per week each (including paid holidays, sick leave, vacation, etc., as applicable) based on prevailing community wages, and for 1 Group Supported Employment program client of at least 8 hours per week (including paid holidays, sick leave, vacation, etc., as applicable). (33) SUBCONTRACTOR shall provide a Group Employment/Vocational Client Plan and/or Person Centered planning/profiles delineating individual skills and needs within 30 days of the beginning of services on all program clients. The SUBCONTRACTOR shall use the new Employment Program Plan Report Form for Group Employment/Vocational Client Plans. (34) Group Employment/Vocational Client Plans will include: 1. Information that identifies and addresses the individualized goal and support needs for each participant. The plan should be developed by the provider in collaboration with the Case Resource Manager, participant, and his or her family (the team). 2. Initial plans will be completed within 60 days from date of service authorization and must be signed by the participant and/or his or her guardian, if any. 3. Copies of the initial and subsequent revised plans will be distributed as appropriate to all team members. 4. Plans will be reviewed and signed annually. (35) Group Employment/Vocational Client Plans will also include the information listed below: a) Current date b) Timeline for the plan c) Client's name: first and last d) Client ADSA ID e) Employment goal f) Preferred (job type) the individual wishes to obtain or maintain g) The preferred wage /salary the individual wishes to earn SKOOKUM GRP Contract 2017-2018 Page 7 of 20 h) The number of hours the individual prefers to work i) The preferred work shift j) The individual's skills, gifts, interests and preferred activities k) Measurable strategies (action steps and supports) to meet the employment goal 1) Identification of persons and/or entities (such as family, Division of Vocational Rehabilitation) available to assist the client in reaching his/her employment goal m) Identification of other accommodations, adaptive equipment, and/or supports critical to achieve employment goal. (36) SUBCONTRACTOR will provide semi-annual progress reports that describe progress made towards achieving client's goals, to the County, the Case Resource Manager, participant, guardian and others as appropriate, within 30 days following the meeting. The report will summarize the progress made towards the Client's individualized goals. (37) All services for persons with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health and safety regulations. (38) SUBCONTRACTOR shall contact COUNTY and DSHS/DDA 60 days prior to any decrease in a client's employment hours. (39) The SUBCONTRACTOR shall report any injury or accident that requires more than simple first aid, and any extraordinary incident that requires intervention by the SUBCONTRACTOR to the DSHS/DDA Case Manager for the individual involved, the Residential Provider, Guardian and then to the COUNTY Coordinator. This includes serious physical or emotional harm or potential harm. 1. The initial report may be done via documented telephone calls to DSHS/DDA Case Manager, the Residential Provider, Guardian and COUNTY Coordinator. 2. The SUBCONTRACTOR shall submit a written follow-up report within 3 days to the COUNTY Coordinator. The report to the COUNTY Coordinator may be submitted by email, facsimile (FAX) to 360-385-940, or by mail to Jefferson County Public Health 615 Sheridan Port Townsend, WA 98368. 3. Serious and emergent incidents shall be handled in accordance with DSHS/DDA Policy 12.01, Incident Management. (40) Within 30 days of the effective date of this agreement and at least semi-annually thereafter, SUBCONTRACTOR will provide (a) company (b) program financial reports to COUNTY, including all revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the uses of funds provided under this agreement. (41) Make available for inspection, review or audit by COUNTY DD Coordinator at all reasonable times: all work sites; all client records; records on productivity and client wages; and all documents, reports and other data applicable to this agreement. The COUNTY shall monitor services delivered, and conduct at least one on-site visit with SUBCONTRACTOR during the period of the contract to assure compliance with the DDA State Work Order. (42) AUDIT REQUIREMENTS, Independent Audit will be submitted annually to the Jefferson COUNTY DD COUNTY Coordinator in the following manner: SUBCONTRACTOR must be able to account for and manage public funds in compliance with Generally Accepted Accounting Principles "GAAP". An agency, for-profit or non-profit, who receives in excess of $100,000 in DDA funds during its fiscal year from the County, shall provide Certified Public Accountant reviewed or audited financial statements within nine months subsequent to the close of the subcontractor's fiscal year. Copies of the audit and management letter shall be submitted to the Jefferson COUNTY Public Health Department within 9 months of the end of the SUBCONTRACTOR'S fiscal year. SKOOKUM GRP Contract 2017-2018 Page 8 of 20 (43) The SUBCONTRACTOR shall provide an independent audit of the entire organization which: (a) Is performed by an independent Certified Public Accountant, the Washington State Auditor's Office, or another entity the COUNTY and the SUBCONTRACTOR mutually approve. (b) Provides statements consistent with the guidelines of Reporting for Other Non -Profit Organizations AICPA SOP 78-10, and is performed in accordance with generally accepted auditing standards and with Federal Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, and meeting all requirements of OBM Circular A-133 or A-128, as applicable. (c) The SUBCONTRACTOR shall submit two (2) copies of the audit and/or the summary and the management letter directly to the COUNTY immediately upon completion. The audit must be accomplished by documentation indicating the SUBCONTRACTOR'S Board of Directors has reviewed the audit. (44) If the Developmental Disabilities Program Coordinator finds indications of potential non-compliance during the contract monitoring process or learns that the SUBCONTRACTOR is out of compliance with any of the terms or conditions of this contract, the following process will be pursued: (a) Informal Notification: Informal process wherein the COUNTY Coordinator alerts the SUBCONTRACTOR in writing of the potential non-compliance and an agreeable solution is reached within five (5) days. (b) Official Notification: If the informal notification does not result in resolution, the official notification of possible non-compliance to establish a date, within five (5) working days of notification, when representatives of the COUNTY and the SUBCONTRACTOR shall meet to discuss areas of contention and attempt to resolve the issues. (c) Written Summary: Within five (5) working days of such official notification the COUNTY will provide the SUBCONTRACTOR a written summary of the areas of non-compliance by certified mail. Notice shall be sent to the address identified in the Agreement. (d) Discussion: Within twenty (20) days of the date of the written summary, a discussion between COUNTY and SUBCONTRACTOR shall be conducted to resolve areas of non-compliance or potential non-compliance. (e) Should the above procedures fail to resolve the compliance issue, the parties will obtain the services of the Peninsula Dispute Resolution Center, or another agreed upon resource, and shall share equally in any retainer fees or other costs of services. If no agreement is reached, the mediator's decision in the matter will be binding on all parties, except that in no event will the COUNTY honor a financial determination that is greater than the funds allowed the scope of this Agreement. (45) For seven years following the end date of this agreement, SUBCONTRACTOR will maintain client records and books, records, documents, reports and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect expenditures of funds provided under this agreement. Client records shall minimally include statement of client goals, documentation of training provided, training hours, routine progress notes and semi-annual summary of progress toward meeting client goals. (46) COUNTY shall develop and have available an evaluation system to review services. The evaluation system must have both a Quality Assurance and a Quality Improvement 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 where the SUBCONTRACTOR shall demonstrate that they continue to be qualified providers. A copy of such evaluation system shall be provided upon request to DDA for review and approval. SKOOKUM GRP Contract 2017-2018 Page 9 of 20 (47) SUBCONTRACTOR shall make available for inspection, review, or audit by COUNTY DD Coordinator at all reasonable times: all client records; and all documents, reports, and other data applicable to this agreement. (48) SUBCONTRACTOR shall provide COUNTY with a copy of a signed DSHS Provider Agreement within 30 days of the effective date of this agreement. (49) SUBCONTRACTOR agrees to assign to COUNTY its Medicaid Billing Rights for services to clients eligible under Title XIX programs. Written documentation shall be available to COUNTY on request. If SUBCONTRACTOR contracts directly with DSHS to provide covered services under Title XIX, COUNTY agrees that funding intended for those clients shall be excluded from this agreement. If SUBCONTRACTOR contracts directly with Social Security to provide covered services under a PASS/IRWE, COUNTY agrees that funding intended for those clients shall be excluded from this agreement. (50) Subcontractors receiving reimbursement on a fee for service basis may be reimbursed, at the discretion of the COUNTY, for any temporary closure or substantial non-attendance necessitated by natural causes, disasters, State/COUNTY trainings or mechanical failure above and beyond the control of the Contactor. Federal XIX funds may not be used for this purpose. C. REIMBURSEMENTS (1) For said services rendered under this agreement, COUNTY shall reimburse SUBCONTRACTOR on a unit rate basis, as follows: (a) Group Supported Employment: SUBCONTRACTOR will be paid $65.00 per UNIT assigned Service Responsibility of regular Program Service, as defined in Exhibit A Statement of Work. (b) One UNIT is defined as one HOUR of direct service to one eligible client. One HOUR of direct service is defined as one (1) or more hours of paid productive work, paid on-the-job training, or paid time off (such as routine holiday, vacation and sick leave) in one 24-hour period. A minimum of four (4) hours of work a day is required. The Client must work a minimum of four (4) hours a day to bill the COUNTY for an HOUR. (2) SUBCONTRACTOR will bill COUNTY on a monthly basis, on or before the 5th day of the month, for units of service provided under this agreement during the preceding month. SUBCONTRACTOR will submit a Monthly DDA Services Report (ADSA) computer form for its billings. At no time shall the invoices for reimbursement be submitted more than 60 calendar days following the last day of the month for which the services were provided. (3) COUNTY may, at its option, withhold reimbursement for any month for which required reports have not been received or are not accurate and/or complete or for contractual non-compliance issues. (4) Total reimbursements for the fiscal year of 2017-2018 to SUBCONTRACTOR by COUNTY under this contract shall not exceed $38,097.00 in completion of these projects without express written amendment by both parties to this Agreement. Work performed between July 1, 2017 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. (5) SUBONTRACTOR will access Division of Vocational Rehabilitation (DVR) funding as a resource. Client services shall not be reimbursed under this agreement when the same services are paid for under the Rehabilitation Act of 1973 (DVR), P.L. 94-142 (Public Education), or are being funded under PASS/IRWE. D. MISCELLANEOUS (1) DSHS Developmental Disabilities Administration (DDA) shall determine client eligibility and service referral are the responsibility of the DDA pursuant to Chapter 388-823 WAC (Eligibility) and Chapter 388-825 WAC (Service Rules). Only persons referred by DDA shall be eligible for direct Client services under this Program Agreement. It is DDA's responsibility to determine and authorize the appropriate direct service(s) type. Direct Client services provided without authorization are not reimbursable under this Program Agreement. SKOOKUM GRP Contract 2017-2018 Page 10 of 20 (2) DSHS Developmental Disabilities Administration (DDA) shall notify COUNTY of persons authorized for services reimbursed under this agreement. Only persons referred to COUNTY by DDA through a County Service Authorization, (CSA) shall be eligible for services reimbursed under this agreement. (3) The SUBCONTRACTOR'S relation to the COUNTY shall at all times be that of independent SUBCONTRACTOR. Any and all employees of the SUBCONTRACTOR, or other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement, shall be considered employees of the SUBCONTRACTOR only, and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the SUBCONTRACTOR. (4) The SUBCONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the COUNTY. Assignment does not include printing or other customary reimbursable expenses that may be provided in an Agreement. (5) The SUBCONTRACTOR, by signature to this Agreement, certifies that the SUBCONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement, or any Agreement by any Federal department or agency. The SUBCONTRACTOR also agrees to include the above requirement to all subcontracts into which it enters. (6) The SUBCONTRACTOR shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48:05: (a) Worker's compensation and employer's liability insurance. The Contractor will participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington; (b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $1,000,000 each occurrence with the COUNTY named as an additional insured in connection with the SUBCONTRACTOR'S performance of the contract. (c) General Commercial Liability Insurance in an amount not less than a single limit of two million dollars ($2,000,000.00) per occurrence and aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: (1) Broad Form Property Damage, with no employee exclusion (2) Personal Injury Liability, including extended bodily injury (3) Broad Form Contractual/Commercial Liability - including completed operations (4) Premises - Operations Liability (M&C) (5) Independent Contractors and Subcontractors (6) Blanket Contractual Liability (7) All employees or subcontractors of SUBCONTRACTOR who are required to be professionally certified by the State in the performance of services under this agreement shall maintain professional liability insurance in the amount of not less than one million dollars ($1,000,000). In no case shall such professional liability to third parties be limited in any way. (8) It shall be the responsibility of the SUBCONTRACTOR to insure that any and all persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement, shall comply with the same insurance requirements that SUBCONTRACTOR is required to meet. SKOOKUM GRP Contract 2017-2018 Page 11 of 20 (9) Failure on the part of the SUBCONTRACTOR to maintain the insurance as required shall constitute a material breach of contract upon which the COUNTY may, after giving five working days' notice to the SUBCONTRACTOR to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due the SUBCONTRACTOR from the COUNTY. (10) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. (11) Excepting the Workers Compensation insurance and any professional liability insurance secured by the SUBCONTRACTOR, the COUNTY will be named on all certificates of insurance as an additional insured. The SUBCONTRACTOR shall furnish the COUNTY with verification of insurance and endorsements required by this Agreement. The COUNTY reserves the right to require complete, certified copies of all required insurance policies at any time. (12) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The SUBCONTRACTOR shall submit a verification of insurance as outlined herein within 14 days of the execution of this Agreement to the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall be primary to any equivalent or applicable policies held by the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall include a waiver of subrogation rights. Any insurance self-insured retention, deductible or risk retention maintained, or participated in, by the COUNTY shall be excess and shall be non-contributory to the insurance policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract. All policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. (13) The COUNTY will pay no progress payments under Section C until the SUBCONTRACTOR has fully complied with this section. This remedy is not exclusive; and the COUNTY may take such other action as is available to them under other provisions of this Agreement, or otherwise in law. (14) Nothing in the foregoing insurance requirements shall prevent the COUNTY, at its option, from additionally requesting that the SUBCONTRACTOR deliver to the COUNTY an executed bond as security for the faithful performance of this contract and for payment of all obligations of the SUBCONTRACTOR. (15) The SUBCONTRACTOR shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson COUNTY, WA. (16) The SUBCONTRACTOR shall comply with the WA State Department of Labor and Industries Minimum Wage Act, RCW 49.46, acknowledging persons with disabilities participating in job assessments are not considered employees. (17) The SUBCONTRACTOR shall indemnify and hold the COUNTY, and their officers employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the SUBCONTRACTOR'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a SUBCONTRACTOR to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, their officers, employees and agents, and provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the SUBCONTRACTOR'S agents or employees; and, (b) the COUNTY, its officers, employees and agents, this indemnity provision with respect to (1) claims or suits based upon such negligence, and/or (2) the costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the SUBCONTRACTOR'S negligence or the negligence of the SUBCONTRACTOR'S agents or employees. SKOOKUM GRP Contract 2017-2018 Page 12 of 20 (18) Claims against the COUNTY shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered there under, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. (19) The SUBCONTRACTOR specifically assumes potential liability for actions brought against the COUNTY by SUBCONTRACTOR'S employees, including all other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement and, solely for the purpose of this indemnification and defense, the SUBCONTRACTOR specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The SUBCONTRACTOR recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. (20) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services based on race, religion, color, sex, age, or national origin. (21) COUNTY reserves the right to terminate this contract in whole or in part, without prior written notice, in the event that contractual terms are not fulfilled, or if expected or actual funding from the Department of Social and Health Services Division of Developmental Disabilities is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, COUNTY shall be liable only for payment for services rendered prior to the effective date of termination. (22) No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of COUNTY. If the COUNTY agrees in writing that all or a portion of this Contract may be subcontracted to a third -party, then any contract or agreement between the SUBCONTRACTOR and a third -party subcontractor must contain all provisions of this Agreement and the third -party subcontractor must agree to be bound by all terms and obligations found in this agreement. ADOPTED THIS day of , 2018. By: David Sullivan, Chair Jefferson County Board of Commissioners ATTEST: By: Carolyn Gallaway, Deputy Clerk of the Board APPROVED AS FO 4 ONLY: By: Philip Hunsucker, Chief Civil Deputy Prose utor Bv: Jeff Dolven, President Skookum Contract Services Page 13 of 20 SKOOKUM GRP Contract 2017-2018 EXHIBIT A STATEMENT OF WORK GROUP SUPPORTED EMPLOYMENT SERVICES L WORK STATEMENT SUBCONTRACTOR shall provide Group Supported Employment services as described hereinafter. SUBCONTRACTOR shall be reimbursed for such services on a unit of service basis pursuant to Section C., Reimbursements of this contract. II. PROGRAM DESCRIPTION A. Goals 1 _ To provide work training and work opportunities for adults with severe or profound developmental disabilities whom, due to the severity of the disability and lack of resources, are not presently able to access other employment models. 2 To provide Group Supported Employment Services that are designed to meet specific needs of the individual based on personal preferences and individualized goals and outcomes. 3. To improve the cost -benefit of Group Supported Employment Services by increasing the average worker benefit ratio and compared to the average monthly cost per person. 4. To support individual program clients in Group Supported Employment Services to experience community job sites through mentoring, observation and/or on site experience at least four times a year. 5. When appropriate to provide the service of assessment and consultation in order to identify and address existing barriers to employment for individuals who have not yet achieved their employment goal through consulting and assessment. (This is in addition to supports received through Supported Employment services or Group Employment services for individuals who have not yet achieved their employment goal). 6. To transition program clients to Supported Employment services as soon as resources, support systems, and/or technology are available or adequate to aid these individuals to obtain individual employment in the community. 7. Clients in an Employment program will be supported to work towards a living wage. A living wage is the amount needed to enable an individual to meet or exceed his or her living expenses. Clients should average twenty (20) hours of work per week or eighty-six hours per month. B. Definitions B. Definitions Group Supported Employment Services are: • training and supervision of adults with severe developmental disabilities who are involved in paid, productive employment at locations or in businesses that provide employment or training for individuals with disabilities • training, job modifications, and job related support for persons with severe developmental disabilities to productively perform available work • supplemental training required in a job situation to develop skills required for new tasks and to enhance versatility; and ■ providing a service provided for the most severely developmentally disabled adults until resources, support systems, and/or technology are available or adequate to aid these individuals to obtain competitive employment. SKOOKUM GRP Contract 2017-2018 Page 14 of 20 Employment is defined as paid productive work, paid, on-the-job training, and paid time off (such as routine holiday, vacation, and sick leave). Employment may be: full-time, average weekly work of 40 hours for an individual; parttime, average weekly work of 20 hours to 40 hours for an individual, or; other, average weekly work of less than 20 hours for an individual. C. Program Requirements I . SUBCONTRACTOR will provide Group Supported Employment services for up to 4 program clients who are authorized for service by DSHS/DDA and have been approved by COUNTY. SUBCONTRACTOR shall attempt to transition program clients to Individual Employment placements. 2. SUBCONTRACTOR will support Clients in an employment program to work towards a living wage. A living wage is the amount needed to enable an individual to meet or exceed his or her living expenses. Clients should strive to average twenty (20) hours work per week or eighty-six (86) hours per month. The amount of service a client receives will be based on his/her demonstrated need and acuity level. 3. In the event that SUBCONTRACTOR determines that Group Supported Employment Services are no longer appropriate for any client, SUBCONTRACTOR will notify the DDA Case Manager and the COUNTY of the basis for its determination and recommend that the client be terminated from service and/or authorized for an alternative service. SUBCONTRACTOR may work with a consultant on behalf of the client, in order to provide another perspective to address health and safety concerns. 4. SUBCONTRACTOR will provide written documentation of the reason(s) for its recommendation, which may include: (a) Client is working at a level of productivity that no longer requires continuous training, (b) Health and safety considerations, (c) Client no longer desires employment, the available employment option(s) or the program services, (d) Client desires a community job placement. 5. Recommendations for termination or transfer will be reviewed by DDA Case Manager and COUNTY as appropriate. DDA Case Manager will notify SUBCONTRACTOR of its decision to support SUBCONTRACTOR'S recommendation. If approved, COUNTY will work with SUBCONTRACTOR to facilitate the development of a transition plan and schedule. The transition plan will be developed in consultation with the client, DDA case management, SUBCONTRACTOR, family members, and other service providers as applicable. 6. Worker wages shall be commensurate with the local industry accepted norms and comply with applicable Federal Department of Labor standards. 7. The SUBCONTRACTOR will clearly communicate to the Client and the COUNTY, prior to beginning service, an expected change in the maximum service hours per month the client can expect to receive. Service changes will not occur until the client has received proper notification from DDA. i. The client's DDA Person Centered Service Plan; (PCSP) is the driver for service. The CMIS County Service. Authorization and the updated Planned Rates information will not exceed the client's DDA PCSP. ii. The amount of service the client receives should match with the CMIS County Service Authorization and updated Planned Rates information. SKOOKUM GRP Contract 2017-2018 Page 15 of 20 8. SUBCONTRACTOR shall provide a Group Employment/Vocational Client Plan delineating individual skills experiences, preferences, strengths, support needs, skills and goals and objectives within 30 days of the beginning of services for the client in order to promote Community Employment. The SUBCONTRACTOR will use the new Employment Plan Report Form. (Minimum Employment/Vocational Client Plan elements are outlined in the reference document called "Criteria for Evaluation" available on the DDA website.) 9. SUBCONTRACTOR will provide a copy of the Group Employment/Vocational Client Plan to the Client, their CRM's, Guardian, the COUNTY, and others as appropriate. 10. SUBCONTRACTOR must ensure that documentation and data collected or training reflects the Group Employment/Vocational Client Plan; that the documentation shows how it has identified and addressed support needs of each participant by demonstrating methods for providing services based on individual needs must be outlined in a Client's Vocational Plan. 11. SUBCONTRACTOR must ensure that Job coaching and supervision of program clients will be based on goals established in a Group Employment/Vocational Client Plan. Client goals, training provided and progress toward meeting goals shall be documented in each client record. 12. SUBCONTRACTOR will submit to the COUNTY and DDA Case Management Semi -Annual Progress Reports on each Client. The SUBCONTRACTOR will use the Employment Plan Report Form to report on the six-month progress of the client. 13. The frequency of the report for this contractual period will be one every six (6) months after the initial plan, July through December 2017, January thru June 2018, with all reports due July 2, 2018.. 14. The Semi -Annual Progress Reports will show Vocational Client goals, training provided and a written synopsis showing progress toward meeting objectives or a description of the reasons for any shortfall concerning the outcomes and proposed actions for correction. 15. SUBCONTRACTOR shall schedule a review meeting every 6 months for all program participants. The review shall include an assessment of the need for continued Group Employment Services and an evaluation and update of the Group Employment/Vocational Client Plan's goals and objectives. The SUBCONTRACTOR shall use the new Employment Plan Report Form to report on the semi-annual progress of the client. 16. COUNTY and DDA case managers shall receive the dates for the 6 -month reviews for program Clients one month before the required meetings. 17. Subsequent to review meetings, the SUBCONTRACTOR will submit a copy of the updated Semi -Annual Progress Reports to the Client, the DDA case manager, the COUNTY Coordinator, and Residential Support Staff, Parent or Guardian. 18. If a Client has not obtained employment after 6 months, the SUBCONTRACTOR will assure the COUNTY that the following steps were taken: ■ Review of progress towards employment goals; ■ Provide evidence of consultation with family/client; and • Development of additional strategies with family/client, contractor staff, employment staff, and CRM, is there documentation of these strategies. SKOOKUM GRP Contract 2017-2018 Page 16 of 20 19. The SUBCONTRACTOR will clearly communicate to the COUNTY and the client prior to beginning service, or when there is an unexpected change in the maximum service hours per month the client can expect to receive; and service changes will not occur until the client has received proper notification from DDA. (a) The client's DDA Person Centered Service Plan; (PCSP) is the driver for service. The County Service Authorization (CSA) and updated Planned Rates information will not exceed the client's DDA ISP. (b) The amount of service hours the client receives should match the County Service Authorization and Planned Rates information. 20. SUBCONTRACTOR must ensure that every Client file has a copy of DDA Client Service Authorization (CSA), a copy of the participant's Individual Habilitation Plan (ICF/MR), client's Individual Service Plan, Plan of Care, and/or Individual Support Plan (HCBS Waivers) and/or the COUNTY authorization/individual service agreement plan, as applicable. 21. SUBCONTRACTOR must ensure that all Incident Reports are retained in Client files; that they have a policy to retain records at least 5 years; that emergency contact and medical information (medications, diet, allergies, etc.) needed and during the hours of service is available for each participant on the face sheet of the Client file; that the emergency and contact information is updated yearly, or when needed; and that services are provided in a natural or integrated environment or there is a goal to achieve an integrated environment. 22. Recommendations for program participant's termination in Group Employment or transfer to another Individual Employment agency must be authorized the DDA Case Manager, and will be reviewed in consultation with the Client, the COUNTY and others as appropriate. SUBCONTRACTOR will facilitate the development of a transition plan and schedule. The transition plan will be developed in consultation with the client, DDA case management, COUNTY, family members and other service providers as applicable and within 10 working days of SUBCONTRACTOR'S recommendation. 23. SUBCONTRACTOR must ensure there is a legal requirement and a clear delineation for staff qualifications and proof of background criminal history clearance in accordance with SUBCONTRACTOR is required pursuant to RCW 43.43.830-845 RCW 74.15.030, and Chapter 388-06 WAC on all staff. 24. SUBCONTRACTOR shall submit a written Program Staff Training Plan to COUNTY for approval or disapproval within 30 days of the effective date of this Agreement, semi-annually thereafter or when reorganization occurs, which minimally includes SUBCONTRACTOR'S procedure to train new direct service staff. The training must include • DDA Policies & Competencies (see Section C -Number 24-27) • RCW's & WAC's referenced (page 1 & 2 of the County Contract, Section B. Obligations) • Agency policies & procedures Skills on how to instruct/teach Clients • Skills on how to document data collection, daily/weekly notes & 6 month reports in Client files • Skills on how to write Group Employment/Vocational Client Plans and/or Person Centered Plans (creating Client vocational goals/objectives) • SUBCONTRACTOR's plan to provide staff that are skilled in applying training techniques to enhance the work related skills of program clients • FTE levels, job descriptions, and organization chart pertaining to program staff • SUBCONTRACTOR's is required to send one direct service staff to a minimum of 16 hours of workshops, trainings, and /or conferences about developmental disabilities and employment, for a total of 80 hours. Should SUBCONTRACTOR fail to access trainings for direct service staff, the SUBCONTRACTOR will reimburse the COUNTY at the rate of 67.00 an hour for every hour of training not accessed for staff (for not more than a total of $1,072.00) 25. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications and documented training's every six (6) months. SKOOKUM GRP Contract 2017-2018 Page 17 of 20 26. SUBCONTRACTOR must assure that new staff are informed specifically of all agency policies/procedures and have documentation that assures all direct service staff 18 years of age or older are trained in the following DDA Policies Prior to Working with Clients: ADA training, APS Reporting Requirements, Client confidentiality, Current individual instruction and Action Steps/Vocational Plans for each Client with whom the employee works, DDA Policy 4.11 Working Age Adult (adult services only), DDA Policy 5.06, Client Rights, DDA Policy 5.13, Protection from Abuse: Mandatory Reporting, DDA Policy 12.01 Incident Management. 27. SUBCONTRACTOR must ensure that new direct service staff demonstrate the following competencies: 1) Values that support the abilities of individuals 2) Effective Communication — The ability to effectively listen and to make oneself understood 3) Planning methods 4) Crisis Prevention and Intervention 28. Within one month o employment: SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Overview of DDA Policies including: DDA Policy 3.01 Service Plans, DDA Policy 5.03 Client Complaints, DDA Policy 5.17 Physical Intervention Techniques, DDA Policy 6.13 Employment/Day Program Provider Qualifications, DDA Policy 13.04 DRW Access Agreement, DDA Policy 15.03 Community Protection Standards for Employment/Day Programs and all reporting requirements related to these DDA Policies. 29. ,Within six months of "n lvvmenl: SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Program skill development, DDA Policy 5.02 Necessary Supplemental Accommodation, DDA Policy 5.14 Positive Behavior Support, DDA Policy 5.15 Use of Restrictive Procedures, DDA Policy 9.07 HIV and AIDS and Program Skill Development. 30. SUBCONTRACTOR will have signed documentation that Staff training took place within the timelines listed above in Section C -Number 24-29. 31. Within 30 days of the effective date of this agreement, and semi-annually thereafter, SUBCONTRACTOR will develop and submit to COUNTY a program operating budget detailing the projected allocation of contract funds, other sources and amounts of funding, program staffing expenses and other cost allocations. 32. Semi-annually, SUBCONTRACTOR will develop and submit to COUNTY program financial reports reflecting the actual revenues received and expenses incurred compared to the projected program budget submitted. 33. The SUBCONTRACTOR will on an annual basis sponsor the surveying of participants, their families, their support networks, and their employers regarding customer satisfaction. The SUBCONTRACTOR will design Customer/Client survey forms. The SUBCONTRACTOR must send the COUNTY copies of the surveys received from participants, their families, their support networks and employers. D. Performance Standards The average worker wage per month will not fall below minimum wage. 2. SUBCONTRACTOR will provide sufficient income producing work to challenge the productivity of workers and result in at least 4 hours of paid production per day per eligible client. SUBCONTRACTOR shall access appropriate jobs and provide sufficient training to result in an increase in average monthly earnings from one twelve-month period to the next through productivity improvements and/or increased hours. 4. SUBCONTRACTOR will create individual client goals and provide sufficient instruction that result in an improvement in the program client's vocational abilities, social and behavioral issues from one six-month period to the next. Workers will have variety in the work they perform and will learn behaviors and skills typical of those required for employment in an individual job in the community. SKOOKUM GRP Contract 2017-2018 Page 18 of 20 E. Service Level Guidelines Client Employment Acuity is determined through the DDA assessment. Acuity reflects conditions typically related to the individuals disability that are not likely to change, and are generally not impacted by outside factors. Client acuity is determined as either "High", "Medium" or "Low" as defined within WAC 388-828. Other considerations are generally related to the job or service environment, which may impact the individual's level of support, regardless of acuity. Employment Service Levels reflect Client Employment Acuity and other considerations, (see Table One -Base Hours below); the Guidelines typically reflect direct service staff time provided to or on behalf of the client to pursue or maintain employment. You may be eligible to receive additional add on hours, (see Table Two, Add -On Hours below). Short-term Employment Supports is a service that allows DDA to approve additional service hours in addition to the amount of your employment service Base Hours and Add -On Hours for up to three months when: a) You are beginning a new job; or b) There is a planned or unexpected change in your job or job duties; or c) Your current employment is at risk and short-term supports are needed to assist you in maintaining your current job. 4. The expectation is that all hours reported are documented specific to the client authorized and relate to the goals and supports outlined within the client's Individual Employment Plan. Allowable activities are defined in the Employment Phases and Billable Activities. TABLE ONE -Base Hours DDA DETERMINES YOUR EMPLOYMENT SERVICE LEVEL USING THE FOLLOWING TABLE: CLIENT YOUR THEN YOUR AND YOUR ACUITY EMPLOYMENT EMPLOYMENT EMPLOYMENT LEVEL STATUS SERVICE SERVICE BASE IS: IS: LEVEL IS: HOURS PER MONTH MAY BE: WORKING A 0 NONE NOT WORKING B 0 WORKING C 4 LOW NOT WORKING D 7 WORKING E 7 MEDIUM NOT WORKING F 9 WORKING G 11 HIGH — NOT WORKING H 12 SKOOKUM GRP Contract 2017-2018 Page 19 of 20 TABLE TWO -Add -On Hours DDA USES THE FOLLOWING TABLE TO DETERMINE THE MAXIMUM NUMBER OF ADD-ON HOURS YOU ARE ELIGIBLE TO RECEIVE. IF YOU MEET ONE YOU MAY BE OF THE BELOW ELIGIBLE TO CONDITIONS AND RECEIVE UP TO YOUR THE EMPLOYMENT FOLLOWING LEVEL IS: AMOUNT OF ADD-ON HOURS: A 0 B 0 C 5 D 7 E 5 F 7 G 12 H 14 Group Supported Employment reflects shared support among 8 or fewer people at a worksite. Service level to the individual may vary depending on staffing ratios within the worksite, the acuity of individual's served at the worksite, the number of work hours available within the worksite and the number of additional individualized support hours provided outside of the GSE setting to achieve integrated community employment. 6. The average statewide ratio of staff to individuals within this environment is 1:6. The expectation is that all hours reported are documented specific to the client authorized and relate to the goals and supports outlined within the client's Employment Plan. F. Group Supported Employment Unit of Service One UNIT of Group Supported Employment service is $60.00. One UNIT is defined as (1) one "HOUR" of direct service or assigned service level to one eligible Client. An "HOUR" is at least fifty (50) minutes of direct service; (partial hour to the quarter may be recorded) or ASSIGNED SERVICE LEVEL as defined above. 2. One "HOUR" of direct service is defined as one (1) or more hours of paid productive work, paid on-the-job training, or paid time off (such as routine holiday, vacation and sick leave) in one 24-hour period. A minimum of four (4) hours of work a day is required. The Client must work a minimum of four (4) hours a day to bill the COUNTY for an HOUR. SKOOKUM GRP Contract 2017-2018 Page 20 of 20