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HomeMy WebLinkAboutSkookum Contract Services - 100421 re: Group Supported Employment Apr' },. 10- Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 1 of 28 SUBCONTRACT FOR PROFESSIONAL SERVICES GROUP SUPPORTED EMPLOYMENT SERVICES Agreement Between JEFFERSON COUNTY PUBLIC HEALTH And (� SKOOKUM CONTRACT SERVICES This agreement is made and entered into between Jefferson COUNTY Public Health(COUNTY)and Skookum Contract Services (SUBCONTRACTOR) for provision of Group Supported Employment Services to persons who experience intellectual/developmental disabilities in Jefferson County. The term of this agreement is July 1,2021 through June 30, r'Th 2022. Either party upon 60 days' written notice may terminate this Contract. Termination of this Contract shall not constitute a breach. It is agreed Upon by Both Parties as Named Herein as Follows: A. PROFESSIONAL SERVICES G Professional services to be provided by SUBCONTRACTOR shall include: (1) "Group Supported Employment"or"GSE": services are a part of an individual'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 setting Program management;(per the Individual Employment Phases&Billable Activities&Group Supported Employment Service Guidelines Minimum Expectations 2013 ). Specific service deliverables are delineated in Exhibit A—Statement of Work attached hereto. (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 71A.14.070 requires a signed Release of Information or a signed Oath of Confidentiality Form. (2) SUBCONTRACTOR is required to assure that each employee has a current (within three years) DSHS background check in accordance with RCW 43.43.830-845, RCW 74.15.030 and WAC 388-825. 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. DD-21-044 Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 2 of 28 (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; 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 the prospective employer begins working. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. (6) 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. (7) 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. (8) 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 DDA's Guiding Values. (9) 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: (a) 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, (b) 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. (10) SUBCONTRACTOR shall comply with the following referenced documents found at DDA Internet site https://www.dshs.wa.gov/dda/county-best-practices under"Counties": (a) DDA Policy 4.11,County Services for Working Age Adults; (b) Chapter WAC 388-850, chapter 388-828 WAC, WAC 388-845-0001, 0030, 0210, 0215, 0220, 0600- 0610, 1030-1040,2100,2110; (c) Criteria for Evaluation; hops://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/Criteria%20for%20Evaluation%2020 21-2023.docx (d) DDA Guiding Values; (11) 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: (a) DDA Policy 6.13,Employment/Day Program Provider Qualifications, https://www.dshs.wa.gov/dda/policies-and-rules/policy-manual; (b) County Guide to Achieve DDA's Guiding Values; (c) DDA Guidelines for Community Assessments within Employment and Vocational Programs. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 3 of 28 (12) The DRW Access Agreement with DDA; assures that the COUNTY and SUBCONTRACTORS have reviewed the Access Agreement; Disability Rights Washington (formerly Washington Protection and Advocacy System) 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. (13) SUBCONTRACTOR shall have written policies that protect individual rights that include but are not limited to; sexual harassment and non-discrimination(said policies must guarantee human/civil rights); a person's right to privacy, safeguarding personal information; abuse of participants; agency medication procedure; respectful staff-to-participant interactions (i.e.: including a person's right to be treated with dignity and respect and free of abuse). (14) SUBCONTRACTOR shall assure that participants, in accordance with DDA Policy 5.02, Necessary Supplemental Accommodation; 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. (15) SUBCONTRACTOR shall have a grievance policy for participants;that has been approved by the COUNTY and: (a) Is explained to participants and others in accordance with DDA Policy 5.02,Necessary Supplemental Accommodation; (b) Negotiates conflicts and advises participants of grievance procedures; (c) Prohibits retaliation for using the grievance process; (d) Includes a non-retaliation statement (e) States advocates are available and participants are encouraged to bring advocates to help negotiate; (f) 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) (g) Includes a process for tracking and reporting grievances. (16) Participants and others, in accordance with DDA Policy 5.06, Client Rights, 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,the participant's family,guardian or advocate is also informed. (17) SUBCONTRACTOR shall obtain and retain in the Clients'files signed proof of Client and/or family's review of all policies,Provider expectations, 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) 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. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 4 of 28 (23) 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. If the direct service staff hours are less than the collective amount, then the provider will be reimbursed only for the number of hours staff actually provided. (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.If a client is not on-site/at work for all of their base hours,the county should verify that the provider delivered the collective group's individual hours to the group. (What was the number of staff hours provided to the group during the month. If it was less than the collective group's total, 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 individuals(contract procurement,contract maintenance,or administration functions associated with GSE). (g) Individual time in the community working towards the individual employment goal,separate from the group time,must include phase information(refer to Individual Employment Phases&Billable Activities-see Phases 1—4 for element/activity description-). The Individual Employment Phases& Billable Activities document defines the Client services that DDA reimburses. (24) 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 ofthese 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. (a) 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 by following,DDA—Data Security Requirements. (25) Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10(https://ocio.wa.gov/policies)of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: https://www.dshs.wa.gov/fsa/central-contract-services/keeping-dshs-Client- information-private-and-secure,which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. (26) 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) If 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) If Confidential Information 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. (27) Authorization,Authentication, and Access. In order to ensure that access to the Data is limited to authorized staff,the Contractor must: (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. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 5 of 28 (c) Ensure that user accounts are unique and that any given user account logon ID 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 ID 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. (f) Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. (g) 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 ID,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. (h) When accessing Confidential Information from an external location(the Data will traverse the Internet 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 do not allow end-user modification. Examples would include but not be limited to installing key loggers, malicious software, or any software that will compromise DSHS data. 2. Not allowing the use of dial-up connections. 3. Using industry standard protocols and solutions for remote access. Examples include, but are not limited to RADIUS Microsoft Remote Desktop(RDP)and Citrix. 4. Encrypting all remote access traffic from the external workstation 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 Internet,which is not a Trusted Network. 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.All Contractors must be in compliance by 6/30/2020. (i) Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism,such as a biometric(fingerprint,face recognition,iris scan)or token(software,hardware,smart card,etc.)in that case: 1. The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor 2. Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable) 3. Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) (j) If the contract specifically allows for the storage of Confidential Information 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 abcdl2 would not be acceptable. (k) Render the device unusable after a maximum of 10 failed logon attempts. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 6 of 28 (28) 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 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. 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 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. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section(31)Data Disposition, may be deferred until the disks are retired,replaced,or otherwise taken out of the Secure Area. (c) 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 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 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. (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 ID 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. If so authorized,the Data shall be given the following protections: a. Encrypt the Data. b. Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token 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. 2. When being transported outside of a Secure Area,Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data,even if the Data is encrypted. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 7 of 28 (h) Data stored for backup purposes. 1. DSHS Confidential Information 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 below in Section(31)Data Disposition. 2. 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 below in Section(31)Data Disposition. (i) Cloud storage. DSHS Confidential Information 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 the 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. 3. If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act(HIPAA),the Cloud Provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. (29) 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. (30) 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. 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. 1. DSHS Data will be kept on media(e.g.hard disk,optical disc,tape,etc.)which will contain no non- DSHS Data. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 8 of 28 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. (31) Data Disposition. When the contracted work has been completed or when the DSHS Data is no longer needed,except as noted above in Section(30)(b)DSHS 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 overwrite the Removable media(e.g. floppies,USB flash drives, Data at least three(3)times using either random or portable hard disks)excluding optical discs 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 Recycling through a contracted firm,provided the Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential On-site shredding,pulping, incineration,or Information requiring special handling(e.g. contractor protected health information) Optical discs(e.g.CDs or DVDs) Incineration,shredding,or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing,incinerating or crosscut shredding (32) 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 or DSHS. (33) Data shared with Subcontractors. If 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. If 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. (34) 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. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 9 of 28 (35) SUBCONTRACTOR shall provide the following: (a) Equal Access: SUBCONTRACTOR will assure 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) The date policies are implemented or the date,they are revised. (c) 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 Six(6) Month(semi-annual)Progress Report;track key program performance indicators and Quality Assurance and a QualityImprovement components;listed in Section(g),below. (d) 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. (e) 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. (f) 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. SUBCONTRACTOR will document progress on performance indicators identified in DDA Policy 6.13, Provider Qualifications for Employment and Dav Program Services. (g) Quality Assurance and Service Evaluation Plan: SUBCONTRACTOR will have an evaluation system to review services. The evaluation system must have both a Quality Assurance and a Quality Improvement component, and both must include performance indicators/objective measures, that evaluate Client progress every 6 months.The objective measures at a minimum will include: 1. Increased wages(by acuity) 2. Increased number of working hours(by acuity) 3. The number of new tasks(by acuity) 4. Job loss and why—retention rates(by acuity) 5. The percentage employed(by acuity) 6. Average number of hours worked(by acuity) 7. Performance Indicators,(by acuity) 8. Looking at Quantitative-(Data)vs.Qualitative-(Narrative) (h) SUBCONTRACTOR will collect, analyze and compare all the performance indicators/objective measures listed above in Section(g) 1-8. The results will be sent to the County in an excel spreadsheet every 6 months. (i) The COUNTY'S Service Evaluation System: shall serve as the method by which current Providers demonstrate that they continue to be qualified as Providers. A copy of the COUNTY'S Service Evaluation System shall be provided upon request,to DDA for review. (j) 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. (k) 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 the COUNTY,that direct service staff are trained and have experience in accordance with DDA Policy 6.13. SUBCONTRACTOR will assure that all direct service staff trainings are documented;and will provide COUNTY with information regarding staff qualifications upon request. (1) Safety: SUBCONTRACTOR will provide evidence that it employs safety protection based on the environment in which the participant is working or receiving services. (m) 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; Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 10 of 28 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. (36) SUBCONTRACTOR shall identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services. These settings are presumed not to be home and community-based. (37) SUBCONTRACTOR shall provide an initial Group Supported Employment/Vocational Client Plan that will include the information listed below;and should be developed by the SUBCONTRACTOR in collaboration with the COUNTY,the Client,their DDA Case Manager,Residential Staff,Guardian/Family Members and others as appropriate (the team). Initial plans will be completed within 60 days from date of the County Service Authorization and must be signed by the Client and/or his or her Guardian if any. Copies of the initial Group Supported Employment/Vocational Client Plan and subsequent Six (6) Month (semi-annual) Progress Reports will be distributed as appropriate to all team members. (38) The initial Group Supported Employment/Vocational Client Plan and subsequent Six(6)Month(semi-annual) Progress Reports will include: (a) Current date; (b) Timeline for the plan; (c) Participant's name first and last; (d) Participant ADSA ID; (e) Employment goal; 1. The preferred(job type)the participant wishes to obtain or maintain; 2. The preferred wages/salary the participant wishes to earn; 3. The number of hours the participant prefers to work; 4. The agreed upon time line to achieve the employment goal. (f) The participant's skills,gifts,interests and preferred activities; (g) Measurable strategies and timelines(action steps and supports)to meet the employment goal; (h) Identification of persons and/or entities available to assist the participant in reaching his/her employment goal(example: a family member,Vocational Rehabilitation services,etc.)and; (i) Identification of other accommodations, adaptive equipment and/or supports critical to achieve employment goal. (39) SUBCONTRACTOR must assure that Group Supported Employment staff hours are attributed to the Client via the Individual Employment Phases & Billable Activities & Group Supported Employment Service Guidelines Minimum Expectations 2013. (40) SUBCONTRACTOR shall identify the provision of supports necessary for job success to each participant. Supports may include, but are not limited to, identification of resources necessary for transportation,job restructuring, work materials or routine adaptation, work environment modifications, identification of job counseling needs,etc. (41) SUBCONTRACTOR will provide training and support to employers and co-workers,in each job placement to ensure jobs are maintained and fading is occurring. This also includes the development of natural supports. (42) The SUBCONTRACTOR will document all employment services activities and outcomes to those activities that relate to the participant's individually identified goal(s)as outlined in their Six(6)Month(semi-annual) Progress Report. (43) The SUBCONTRACTOR will provide the following: (a) Training and support is provided as a part of an individual's pathway to integrated employment in accordance with DDA Policy 4.11,County Services for Working Age Adults. (b) Information about wages,productivity,benefits,and work hours for each participant. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 11 of 28 (c) Progress in achieving increased wages and work hours for each participant. (44) 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, and then report the injury, accident, or extraordinary incident to the COUNTY Coordinator. This includes serious physical or emotional harm or potential harm. (a) Incidents involving injury,health or safety issues are reported to DDA and the County reference DDA Policy 6.08,Mandatory Reporting Requirements for Employment and Day Program Services Providers. (b) The initial report to the COUNTY may be done via documented telephone calls to the COUNTY Coordinator. (c) The SUBCONTRACTOR shall submit a written follow-up report within 10 days to the COUNTY Coordinator. The report to the COUNTY Coordinator may be submitted by email, facsimile(FAX)to 360-385-9401, or by mail to Jefferson COUNTY Public Health 615 Sheridan Port Townsend, WA 98368. (d) Serious and emergent incidents shall be handled in accordance with DSHS/DDA Policy 12.01,Incident Management. (e) Incident reports are tracked and analyzed for potential trends and patterns. (f) Mandatory reporting is done in accordance with Chapter 74.34 RCW,Abuse of Vulnerable Adults and Chapter 26.44 RCW,Abuse of Children. (45) SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health and safety regulations and the following: (a) Current policies address confidential/private information for participant and their documents. (b) Current emergency contact and medical information(medications,diet,allergies,etc.)needed during the hours of service is readily available for each participant. (c) All services for participants must be provided with attention to their health and safety. (46) 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. (47) 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 this biennium to assure compliance with the DDA State Work Order. (48) AUDIT REQUIREMENTS. Independent Audit will be submitted annually to the COUNTY Coordinator in the following manner: (a) 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 fmancial statements within nine months subsequent to the close of the SUBCONTRACTOR's fiscal year. Copies of the audit,financial statements 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. (b) The SUBCONTRACTOR shall provide an independent audit of the entire organization which: 1. Is performed by an independent Certified Public Accountant,the Washington State Auditor's Office, or another entity the COUNTY and the SUBCONTRACTOR mutually approve. 2. Provide 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. 3. The SUBCONTRACTOR shall submit one (2) copies of the audit and/or the summary and the management letter directly to the COUNTY immediately upon completion. The audit must be Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 12 of 28 accomplished by documentation indicating the SUBCONTRACTOR'S Board of Directors has reviewed the audit. (49) If the COUNTY 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 ten(10)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 ten (10) 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 ten(10)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 in the scope of this Agreement. (50) For six 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. (51) 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. (52) SUBCONTRACTOR shall provide COUNTY with a copy of a signed DSHS Provider Agreement within 30 days of the effective date of this agreement. (53) 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. C. REIMBURSEMENTS (1) 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. (2) For said services rendered under this agreement,COUNTY shall reimburse SUBCONTRACTOR on a unit rate basis,as follows: (3) Group Supported Employment: SUBCONTRACTOR will be paid $72.00, per UNIT assigned Service Responsibility of regular Program Service,from July 1,2021 to December 31,2021 as defined in Exhibit A Statement of Work. The COUNTY shall reimburse SUBCONTRACTOR $65.00, per UNIT assigned Service Responsibility of regular Program Service, from January 1, 2022 to June 30, 2022; as defined in Exhibit A,Statement of Work. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 13 of 28 (a) COUNTY will check in with SUBCONTRACTOR on a quarterly basis as to the status of the budget and the number of clients requesting service. The budget may have to be renegotiated if a number of new clients need services. (b) Claims for individuals' services made in the CMIS system must be in compliance with the defmed units: (1)hour=at least 50 minutes;(2)day=at least 4 hours;and(3)month=a minimum of one service visit with 50 minutes of direct service. (c) One UNIT is defined as one DAY of direct service to one eligible client. One DAY of direct service is defmed as four (4) 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. (d) 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)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. (e) COUNTY may, at its option, withhold reimbursement for any month for which required reports have not been received or are inaccurate and/or complete. (f) Total reimbursements for the fiscal year of 2021-2022 to the SUBCONTRACTOR by the COUNTY under this contract shall not exceed$39,456.00 in completion of these services without express written amendment signed by both parties to this Agreement. Work performed between July 1, 2021 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. This total reimbursement includes any amendment within the fiscal year of 2021-2022. D. DEBARMENT By signing this Agreement,the SUBCONTRACTOR certifies that it is not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions(debarred). The SUBCONTRACTOR agrees to include the above requirement in any and all subcontracts into which it enters, and also agrees that it will not employ debarred individuals. The SUBCONTRACTOR must immediately notify the County if, during the term of this Agreement, the SUBCONTRACTOR becomes debarred. The County may immediately terminate this Agreement by providing the SUBCONTRACTOR written notice,if the SUBCONTRACTOR becomes debarred during the term of this Agreement. E. FUNDING WITHDRAWN,REDUCED OR LIMITED If the COUNTY determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement,then the COUNT, at its sole discretion,may: (1)Terminate this agreement;(2)Renegotiate this Agreement under the revised funding conditions;or,(3)Suspend the SUBCONTRACTOR's performance under this Agreement upon five (5) business days' advance notice to the SUBCONTRACTOR, if the COUNTY determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow the SUBCONTRACTOR's performance to resume prior to the normal completion date of this Agreement. F. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBCONTRACTOR If overpayments or erroneous payments have been made to the SUBCONTRACTOR under this Agreement, the COUNTY will provide notice to the SUBCONTRACTOR and the SUBCONTRACTOR shall refund the full amount of the overpayment within thirty(30)calendar days of the notice. If the SUBCONTRACTOR fails to make timely refund, the COUNTY may charge the SUBCONTRACTOR one percent(1%)per month on the amount due,until paid in full. G. RECORDS AND DOCUMENTS REVIEW (1) The SUBCONTRACTOR must maintain books,records, documents, magnetic media,receipts, invoices or other evidence relating to this Agreement and the performance of the services rendered, along with accounting procedures and practices,all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.At no additional cost,these records,including Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 14 of 28 materials generated under this Agreement, are subject at all reasonable times to inspection,review,or audit by the Agency, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation,or agreement. (2) The SUBCONTRACTOR must retain such records for a period of six(6)years after the date of final payment under this Agreement. (3) If any litigation,claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation,claims,or audit findings involving the records have been resolved. H. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY. (1) SUBCONTRACTOR shall immediately report to the COUNTY any failure to perform under this Agreement. (2) Along with every request for reimbursement under this Agreement,the SUBCONTRACTOR shall submit a Monitoring Certification using the form attached as Exhibit B for purposes of the County performing the risk assessment of the SUBCONTRACTOR and compliance monitoring of this Agreement that is required under the Program Agreement. I. 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. (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 amount of service the Client receives should match with the AWA CSA and updated Planned Rates information. (4) 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. (5) 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. (6) 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. (7) 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 as 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 Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 15 of 28 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 one million dollars ($1,000,000.00)per occurrence and an 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 (8) All employees or subcontractors of the 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. (9) 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. (10) 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 there with, 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. (11) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. (12) 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. (13) 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. (14) 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. (15) 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. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 16 of 28 (16) 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. (17) 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. (18) The SUBCONTRACTOR shall defend,indemnify and hold the COUNTY,its officers,officials,employees, agents and volunteers(and their marital communities)harmless from any and all claims, injuries, damages, losses or suits including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement,except for injuries and damages caused by the sole negligence of the COUNTY. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SUBCONTRACTOR and the COUNTY, its officers, officials, employees, agents and volunteers (and their marital communities), the SUBCONTRACTOR's liability, including the duty and cost to defend,hereunder shall be only to the extent of the SUBCONTRACTOR's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the SUBCONTRACTOR's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement (19) 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. (20) 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. (21) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services based on race,religion,color,sex,age,or national origin. (22) 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. (23) 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. (24) The parties agree that: (a) No representation or promise not expressly contained in this Agreement has been made. (b) They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied,which is not expressly contained in this Agreement. p p p Y �' (c) This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,whether written or oral,within the scope of this Agreement. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 17 of 28 (25) Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. (26) No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to,waiver of,or excuse of any other,different,or subsequent breach by either party. (27) The Contractor shall not sell,assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. (28) The parties do not intend, and nothing in this Agreement shall be construed to mean,that any provision in this Agreement is for the benefit of any person or entity who is not a party. (29) This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. (30) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement,so long as all the parties execute a counterpart of this Agreement. (31) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. (32) Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW(as may be amended),the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records,within the time frames and parameters set forth in state law. The Contractor also agrees that upon receipt of any written public record request,the Contractor shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. (SIGNATURES FOLLOW ON NEXT PAGE) Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 18 of 28 ADOPTED THIS day of L'F ,&y P =,2021 By: By: h-V L:&w Kate ean,Chairman Angela Coarse,Contracts Manager Jefferson County Board of Commissioners Skookum Contract Services,LLC ATTEST: By: (?a i Cle Carolyn Galla.vay,Clerk of the Board` APPROVED AS TO FORM ONLY: C By: w September 8, 2021 Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 19 of 28 EXHIBIT A STATEMENT OF WORK GROUP SUPPORTED EMPLOYMENT WORK STATEMENT SUBCONTRACTOR shall provide Group Supported Employment Services for program Clients as described hereinafter. SUBCONTRACTOR shall be reimbursed for such services on a unit of service basis pursuant to Section C., Reimbursements;Page 13 of this contract. IL PROGRAM DESCRIPTION A. Program Goals: 1. To provide work training and work opportunities for adults who experience intellectual/developmental disabilities; until resources, support systems, and/or technology are available or adequate to aid these individuals to obtain competitive employment. 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 two 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 Group Supported Employment services for individuals who have not yet achieved their employment goal). 6. To transition program clients to Individual Supported Employment services as soon as resources, support systems,and/or technology are available or adequate to support these individuals to obtain individual employment in the community. 7. Clients in any 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 strive to average twenty(20)hours of work per week or eighty-six hours per month. The amount of service a client receives will be based on his/her demonstrated need and acuity level. 8. However,each individual's preferred hours of employment should be taken into consideration. 9. To identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services. Clients will not access these settings because they are presumed not to be home and community- based. B. Definitions 1. Group Supported Employment Services are: • training and supervision of adults who experience intellectual/developmental disabilities who are involved in paid,productive employment at locations or in businesses that provide employment or training for individuals with disabilities Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 20 of 28 • training, job modifications, and job-related support for persons who experience intellectual/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 adults who experience intellectual/developmental disabilities until resources, support systems, and/or technology are available or adequate to aid these individuals to obtain competitive employment. 2. 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;part-time,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. 3. The development of an Employment Plan that will serve as a transition tool toward the advancement of the individual's employment pathway at the Group Employment site and as an aid in the implementation of matching Clients to appropriate employment services in the community. 4. Planning is defined as facilitating the development of an Employment Plan; delineating individual vocational skills, experiences, preferences, strengths, support needs, skills, goals and objectives, education on system navigation and the Discovery Process,(when appropriate)related to vocational skills and capabilities. 5. Implementation of the Action Steps that detail tasks timelines and entities responsible for leading to the community employment will reflect that 75%of the direct service hours with the Client will be at the Group Employment site. The amount of service a Client receives will be based on his/her demonstrated need,acuity level,and work history. C. Program Requirements 1. 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. 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. 3. 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. 4. 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. 5. Worker wages shall be commensurate with the local industry accepted norms and comply with applicable Federal Department of Labor standards. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 21 of 28 6. 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. (a) The Client's DDA Person Centered Service Plan (PCSP) is the driver for service. The AWA County Service Authorization and updated Planned Rates information will not exceed the Client's DDA PCSP. (b) Service changes will not occur until the Client has received proper notification from DDA. (c) The amount of service the Client receives should match with the AWA County Service Authorization and updated Planned Rates information. 7. If SUBCONTRACTOR is selected as the Client's Provider, SUBCONTRACTOR shall provide a Group Employment/Vocational Client Plan for the Client,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 employment. (Minimum Group Employment/Vocational Client Plan and each Six(6)Month(semi-annual)Progress Report;elements are outlined in the reference document called "Criteria for Evaluation" https://www.dshs.wagov/sites/default/files/DDA/dda/documents/Criteria%20for%20Evaluation%20 2021-2023.docx) 8. SUBCONTRACTOR must ensure that Client goals and objectives are based on an Group EmploymentNocational Client Plan and each Six(6)Month(semi-annual)Progress Report: (a) Shows that documentation,data collected,training reflects those goals and objectives; (b) Shows how it has identified and addressed support needs of each participant by demonstrating methods for providing individualized services outlined in the Plan; (c) Shows how the Six(6)Month(semi-annual)Progress Report demonstrates the participants progression on his/her goals and objectives; (d) Describes the reasons for any shortfall concerning the action steps and propose steps for correction in the Six(6)Month(semi-annual)Progress Report. 9. SUBCONTRACTOR's employment services; may include a personal discovery process related to skills, capabilities, goals; education on system navigation; action steps detailing steps, timelines, and entities responsible for the accomplishment of tasks of vocational services leading to employment. 10. SUBCONTRACTOR must ensure that job coaching and supervision of Clients, will be based on goals established in an Group Employment/Vocational Client Plan and each Six(6)Month(semi- annual)Progress Report. Client goals/objectives, training provided, and progress toward meeting said goals/objectives shall be documented in each Client record or file. 11. SUBCONTRACTOR will assure quality Group EmploymentNocational plans and each Six (6) Month Progress Report,by measuring them against the Employment Plan Quality Review Tool,DDA created in 2016 and the DDA document called, Quality Employment Plan-6 Values of an Excellent Employment Plan. 12. 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/her living expenses. Clients should average twenty(20)hours of community work per week or eighty-six(86) hours per month; however, each individual's preferred hours of employment should be taken into consideration. 13. SUBCONTRACTOR must ensure that the amount of service hours a Client receives will be based on his/her demonstrated need,acuity level and work history per WAC 388-828. 14. SUBCONTRACTOR will contact all Clients according his/her demonstrated need,acuity level and work history;at least once per month. 15. If SUBCONTRACTOR fails to provide the minimum number of monthly service hours for the Client, the COUNTY will advise the Client, Parent/Guardian, and/or Residential Provider Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 22 of 28 concerning the minimum and maximum number of service hours the Client should be receiving and inform them of the option of choosing another Employment Provider. 16. SUBCONTRACTOR shall schedule a review meeting every six(6)months for all program Clients, (a minimum of twice a year for every Client). For every new Client, a meeting will be scheduled every six(6)months after the initial plan. 17. SUBCONTRACTOR shall schedule the Six (6)-Month meeting; by sending a series of available dates/times 20 days ahead; to the COUNTY, DDA Case Managers, Client, Guardian/Family and Residential Services one month before the required meeting. 18. SUBCONTRACTOR will submit a copy of the updated Six (6)-Month (semi-annual) Progress Report with updated Action Steps of the Individual EmploymentNocational Client Plan to the Client,the DDA case manager,the COUNTY Coordinator,and Residential Support Staff/Parent or Guardian within two weeks of the scheduled Six(6)-Month meeting. 19. SUBCONTRACTOR shall provide an updated Six (6) Month (semi-annual) Progress Report for every program Client during the six(6)month review meeting. The Six(6)Month(semi-annual) Progress Report shall demonstrate how the individual is progressing on his/her goals and objectives; in order to assess if they are continuing to meet the individual's pathway to employment goals; of the Group EmploymentNocational Client Plan. The Six(6)Month(semi-annual)Progress Report shall describe the reasons for any shortfall concerning the action steps and propose steps for correction. 20. SUBCONTRACTOR will provide a copy of the Group EmploymentNocational Client Plan and each Six(6)Month(semi-annual)Progress Report; that describe the outcome of activities; to the Client, their DDA Case Manager, Residential Staff, Guardian/Family Members and others as appropriate, within 30 days following the six-month period. The Six (6) Month (semi-annual) Progress Report will summarize the progress made towards the Client's individualized goals. 21. The Six(6)-Month(semi-annual)Progress Report with updated Action Steps,will reflect that 75% of the direct service hours with the Client will be at an employment site in the community. The focus will be on real work experience in a community setting delineating individual skills, experiences,preferences, strengths,support needs and vocational interests. 22. SUBCONTRACTOR must ensure that every Client file has a copy of DDA Client Service Authorization (CSA), a copy of the participant's DDA Person Centered Service Plan; (PCSP),the Individual Employment Plan and updated Six(6)Month(semi-annual)Progress Reports as applicable. 23. 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 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 that. 24. Worker wages shall be commensurate with the local industry accepted norms and comply with applicable Federal Department of Labor standards. 25. Recommendations for program participant's termination in Individual Employment or transfer into another Individual Employment agency must be authorized by the DDA Case Manager,and will be reviewed in consultation with 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,Guardian/Family members and other service Providers as applicable and within 30 working days of Clients request to change agencies. 26. 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: Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 23 of 28 (a) SUBCONTRACTOR's procedure to train new direct service staff,training must include, • DDA Policies&Competencies(see Section C-Number 26-30) • RCW's&WAC's referenced on page 1 &2 of the County Contract under 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 Vocational Client Plans and/or Person Centered Plans(creating Client goals/objectives) (b) SUBCONTRACTOR's plan to provide staff who are skilled in applying training techniques to enhance the work related skills of program Clients (c) FTE levels,job descriptions,and organization chart pertaining to program staff (d) SUBCONTRACTOR is required to send one direct service staff to a minimum of 16 hours of workshops,trainings,and/or conferences about developmental disabilities. Should SUBCONTRACTOR fail to access trainings for direct service staff,the SUBCONTRACTOR will reimburse the COUNTY at the rate of$65.00 an hour for every hour of training not accessed for staff(for not more than a total of$1,040.00). 27. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications and documented training's every six(6)months. 28. SUBCONTRACTOR must assure 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 12.0 Incident Management. 29. SUBCONTRACTOR must ensure that new direct service staff demonstrate the following competencies: (a) Values that support the abilities of individuals (b) Effective Communication—The ability to effectively listen and to make oneself understood (c) Planning methods (d) Crisis Prevention and Intervention 30. Within one month of 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. 31. Within six months of employment: 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. 32. SUBCONTRACTOR will have signed documentation that staff training took place within the timelines listed above in(Section C-Number 26-30). 33. Within 30 days of the effective date of this agreement,and annually thereafter,SUBCONTRACTOR will develop and submit to COUNTY an Employment program-operating budget detailing the projected allocation of contract funds, other sources and amounts of funding, program staffing expenses and other cost allocations.Within 30 days of the effective date of this agreement and at least semi-annually thereafter, SUBCONTRACTOR will provide company and program operating Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 24 of 28 fmancial reports to COUNTY, including all revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the uses of funds provided under this agreement. 34. Every six months, SUBCONTRACTOR will develop and submit to COUNTY, Individual Employment financial reports reflecting the actual revenues received and expenses incurred compared to the projected program budget submitted,along with the overall operating budget. 35. 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 will send the COUNTY copies of the surveys received from participants, their families, their support networks and employers,upon request. D. Performance Standards 1. SUBCONTRACTOR shall provide Group Supported Employment services that are referred for service by DSHS/DDA and have been authorized by the COUNTY. (a) Job coaching and follow-along services as necessary for Group Supported Employment Clients. (b) Group Supported Employment/Vocational Client Plans must contain: i. Action Steps detailing steps,timelines and entities responsible for the accomplishment of tasks leading to employment, ii. Provide the minimum number of monthly service hours for the client, iii. Implement Action Steps that affirm 75%of the direct service hours with the client will be at employment site. 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. 3. 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. 5. 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. E. Service Level Guidelines 1. Client Employment Acuity is determined through the DDA assessment. Acuity reflects conditions typically related to the individual's disabilities that are not likely to change, and are generally not impacted by outside factors. Client acuity is determined as "High", either "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. 2. 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 on page 26). Add-on Hours for Employment Supports are considered short-term and is a service that allows DDA to approve additional service hours,in addition to the amount of your employment service Base Hours. The COUNTY can approve additional Add-On Hours for up to three months when: (a) A Client is beginning a new job;or (b) There is a planned or unexpected change in the Client's job or job duties;or (c) The Client's current employment is at risk and short-term supports are needed to assist them in maintaining their current job. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 25 of 28 3. 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. 4. 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 transition towards integrated community employment. 5. Group Supported Employment services are a part of an individual'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 include enclaves,mobile crews,and integrated employment at or above minimum wage.Examples gg other business models employing small groups of workers with disabilities in integrated employment community settings. 6. The average statewide ratio of staff to individuals within this environment is 1:6. 7. 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. 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 IE: IS: LEVEL IS: HOURS PER MONTH MAY BE: WORKING A 0 NONE NOT WORKING B 0 WORKING C 4 LOW Wa WORKING E 7 MEDIUM 441 „. WORKING G 11 HIGH NOT WORKING H 12 Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 26 of 28 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 E 5 p �g G 12 H 14 F. Group Supported Employment Unit of Service 1. Group Supported Employment service support hours will be based on the Client's Employment Level per WAC. 2. One UNIT of Group Supported Employment service will be$72.00,from July 1,2021 to December 31,2021;and is defined as one"DAY"of direct service to one eligible client.A"DAY"is at least four (4)or more hours of direct service;or ASSIGNED SERVICE LEVEL as defined above. 3. One UNIT of Group Supported Employment service will be$65.00,from January 1,2022 to June 30, 2022; and is defined as one"DAY"of direct service to one eligible client. A"DAY"is at least four (4)or more hours of direct service;or ASSIGNED SERVICE LEVEL as defined above. 4. One "DAY" of direct service is defined as four (4) 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. Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 27 of 28 EXHIBIT B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: D 7 �- DATE: q NAME OF SUBRECIPIENT: A1/Q1,�, (o( By signing below,I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from transactions by any Federal, State,or local department or agency Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State,or local)with commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal, State,or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form one or more public transactions(Federal, State,or local)terminated for cause or default /�• Subrecipient has provided all written reports required by the Agency Contract and this Subrecipient Agreement as of the submission of this Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it from any government agency since the last certification for its performance related to the Program Agreement Subrecipient certifies that all of the deliverables and other work required since the last certification have been completed All the work being billed for in the invoice being certified by this Compliance and Risk Monitoring Form actually has been performed, including any timesheet or other backup Subrecipient agrees to submit to an audit within 30 days of a request from the County Subrecipient has corrected any deficiencies identified since the last certification Signed at Br2X1/1 �c - , . CITY STATE Skookum Contract Services-Group Supported Employment-Contract 2021-2022 Page 28 of 28 . (li1'1,1f1 A q-ZO so i l SUB� .�.�ENT SIGNATURE DATE ian t e k_ Cu.rse� WRITTEWNAME OF PERSON SIGNING CERTIFICATION APPROVED THE COUNTY: li.,_.., Y.::j f------....__. 16)/‘ /2 1 COUN"'Y APPROVALSIGNATURE DATE WRITTEN NAME OF PERSON APPROVING CERTIFICATION 4 615 Sheridan Street Port Townsend, WA 98368 Al'Orson www.JeffersonCountyPublicHealth.org Consent Agenda Public Heal JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Vicki Kirkpatrick, Director AnnaMcEnery, DD & BH Coordinator DATE: Ql Deaf SUBJECT: Agenda Item —Professional Services Agreement— Skookum Contract Services for Group Supported Employment Services; July 1, 2021 —June 30, 2022; $39,465.00 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, 2021 —June 30, 2022; $39,465.00. 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 who experience intellectual/developmental disabilities to be involved in paid, productive employment at locations or in businesses that provide employment and job coaching/supports at or above the State's minimum wage. These services may include intake, discovery, assessment, job placement, job 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. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community DD-21-044 RECOMMENDATION: JCPH management requests approval of the Professional Services Agreement with Skookum Contract Services; to provide Group Supported Employment Services; July 1, 2021 —June 30, 2022; $39,465.00. REVIEWED BY: Mark McCauley, Interim County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f)360-379-4487 360-385-9401 (f) Always working for a safer and healthier community CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Skookum Contract Services-Group Employment Services DD-21-044 (Name of Contractor/Consultant) Contract No. COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Anna Mc Enery Contact Phone: x410 Contact email: amcenery al.co.iefferson.wa.us AMOUNT: $39,465.00 PROCESS: — Exempt from Bid Process Revenue: $39,465.00 Cooperative Purchase Expenditure: _ Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s)of Matching Funds Vendor List Bid X RFP or RFQ Other: APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. oawxr.w�.a ny�aa.n CERTIFIED: a N/A: Glenn Gilbert a,.. ,.�A,,,:�.o,-0ro, Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: I I N/A: Q Glenn Gilbert m u Atom Signature Date STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 9/3/2021. STEP 4:PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 9/8/2021. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1