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�V 615 Sheridan Street Port Townsend, WA 98368 9e/thson www.JeffersonCountyPublicHealth.org Public Hec Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark Mc Cauley, Interim County Administrator FROM: Apple Martine, Public Health Director Anna McEnery, DD & BAH.``Coordinator 1 ( e(DATE: If 1 t?.�l SUBJECT: Agenda Item — Professional Services Agreement — with Concerned Citizens; to provide Early Intervention Services for Children - Birth to Three; $16,125.00 STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of the Professional Services Agreement with Concerned Citizens; to provide Early Intervention Services to children, aged birth to three years; who experience a developmental delay; in Jefferson County, Washington, September 20, 2021 —June 30, 2022; $16,125.00. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: The Professional Services Agreement with Concerned Citizens; is to provide therapeutic services for Jefferson County children, aged birth to three years, who experience developmental delays. This Professional Services Agreement is the result of an RFQ process; Jefferson County Public Health, Developmental Disabilities Division and the Jefferson County Developmental Disabilities Advisory Board, recommends funding this agreement. FISCAL IMPACT/COST BENEFIT ANALYSIS : Funding for the Professional Services Agreement with Concerned Citizens; is through DSHS, Developmental Disabilities Administration; under Child Development Services in the County DD Program budget. RECOMMENDATION: Jefferson County Public Health, the Developmental Disabilities Division, requests approval of the Professional Services Agreement with Concerned Citizens; to provide Early Intervention Services; September 20, 2021 — June 30, 2022; $16,125.00. REVIE BY: 74/ ,. - iz z 4r Mark McCaule , nterim County Administrat r Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 Always working for a safer and healthier community DD-21-058 Concerned Citizens-Early Intervention Contract 2021-2022 RED-E° IV1� Page 1 of 20 SUBCONTRACT FOR PROFESSIONAL SERVICES EARLY INTERVENTION SERVICES Agreement Between JEFFERSON COUNTY PUBLIC HEALTH And CONCERNED CITIZENS This agreement is made and entered into between Jefferson County Public Health(COUNTY)and Concerned Citizens (SUBCONTRACTOR)for provision of Early Intervention Services for provision of educational and therapeutic services for Jefferson County children age birth to three years and their families. The term of this agreement is September 20, 2021 through June 30,2022. 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 Upon written request by COUNTY Developmental Disabilities Coordinator or a COUNTY authorized Family Resource Coordinator(FRC),professional services to be provided by SUBCONTRACTOR shall include: (1) Multi-disciplinary Evaluation and Assessment of children age birth to 2 years 8 months of age that are suspected of having developmental delay or disability. The evaluation tools and procedures selected will conform to WAC 275-27-026 requirements. (2) Individualized Family Service Plans(IFSP)developed in collaboration with the family and other providers. SUBCONTRACTOR and the family will write the IFSP jointly on approved forms. (3) Evaluation and documentation of funding sources available for intervention services,both educational and therapeutic services will be specified in the IFSP. Potential funding sources to be evaluated include private insurance,military health benefits,Medicaid/Apple Health,OSPI,and other public or private sources. (4) IFSP will contain parent planning priorities/outcomes and child outcomes. (5) Specialized Services(developmental,corrective,and other services)to assist infants and toddlers to achieve developmental goals as specified in the IFSP, which may include, occupational therapy, physical therapy, speech-language therapy,and specialized instruction/education. (6) Specialized Services will be provided to the maximum extent appropriate in natural environments,including the home and community settings in which children without disabilities participate. (7) 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. DD-21-058 Concerned Citizens-Early Intervention Contract 2021-2022 Page 2 of 20 (3) If SUBCONTRACTOR reviews the application and elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in Chapter 74.34 RCW,then DDA shall deny payment for any subsequent services rendered by the disqualified individual provider. (4) COUNTY and its SUBCONTRACTOR are mandated reporters under RCW 74.34.020(13)and must comply with reporting requirements described in RCW 74.34.035, .040 and Chapter 26.44 RCW. If the County is notified by DSHS that a subcontractor staff member is cited or on the registry for a substantiated finding, then that associated staff will be prohibited from providing services under this Program Agreement. (5) SUBCONTRACTOR is required pursuant to RCW 74.15.030,that if any prospective employee who has not resided in Washington State during the last three years, and who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,must have an F.B.I.Fingerprint Check before they have unsupervised access and before prospective employer begins working. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. (6) 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 Developmental Disability Administration's Guiding Values. (9) The COUNTY staff who performs on-site evaluations of SUBCONTRACTOR, 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"when applicable: (a) WAC 388-850, WAC 388-828, WAC 388-845-0001, 0030,0205,0210,0215, 0220,0600-0610, 1200- 1210, 1400-1410,2100,2110;and, (b) Criteria for Evaluation. Concerned Citizens-Early Intervention Contract 2021-2022 Page 3 of 20 (11) SUBCONTRACTOR shall meet the defmition of Quality Assurance,by adherence to all Program Agreement requirements and reasonably expected levels of performance,quality,and practice by adherence to: • https://www.dshs.wa.gov/dda/policies-and-rules/policy-manual; • County Guide to Achieve Developmental Disability Administration's Guiding Values (12) The DRW Access Agreement with DDA, assures that the COUNTY and SUBCONTRACTORS have reviewed the Access Agreement. The Access Agreement covers DRW's access to individuals with developmental disabilities, to clients, to programs and records, to outreach activities, to authority to investigate allegations of abuse,neglect,and other miscellaneous matters,and it is binding for all providers of DDA contracted services. (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's and/or family's review of all policies, provider expectation, and receipt of information about services and benefits to be provided by the program.The signed proof required by this section shall be reviewed and renewed,with new documentation,annually. (18) SUBCONTRACTOR will encourage participant involvement in policy development. (19) SUBCONTRACTOR shall 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). (20) SUBCONTRACTOR shall have adequate staffmg ratios and patterns to maintain quality and safety. (21) SUBCONTRACTOR shall track and analyze incident reports for potential trends and patterns. (22) Current emergency contact and medical information (medications, diet, allergies, etc.) needed during the hours of service is readily available for each participant. Concerned Citizens-Early Intervention Contract 2021-2022 Page 4 of 20 (23) 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 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. (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 of these minimum capacity requirements,as determined solely by COUNTY,may be cause for termination of this agreement as provided herein. (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,Data Security Requirements. (b) Program participants must be authorized for service by the Developmental Disabilities Administration (DDA) and referred to the COUNTY. Only persons referred to COUNTY by DDA through a County Service Authorization,(CSA)shall be eligible for services reimbursed under this agreement. (c) SUBCONTRACTOR must ensure there is a legal requirement and a clear delineation for staff qualifications and proof of background criminal history clearance in accordance with RCW 43.43.830- 845 and RCW 74.15.030 and Chapter 388-06 WAC on all staff. (d) SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications and documented trainings upon request. (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. (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. (I) Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. Concerned Citizens-Early Intervention Contract 2021-2022 Page 5 of 20 (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. (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 Concerned Citizens-Early Intervention Contract 2021-2022 Page 6 of 20 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. (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 Concerned Citizens-Early Intervention Contract 2021-2022 Page 7 of 20 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. £ 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. 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. Concerned Citizens-Early Intervention Contract 2021-2022 Page 8 of 20 (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. (35) SUBCONTRACTOR will provide Early Intervention(Birth to Three)Services: (a) To the child and family in a timely manner.(Services are considered timely if they begin within 30 days of the start date on the signed IFSP unless the IFSP documents that the parent requested a delay in the start of the services). (b) In compliance with the natural environments criteria for IDEA,Part C and Washington State's federally approved Early Intervention Plan. (c) That meet the highest entry level requirements in Washington State for Early Intervention professionals, (training,experience and expertise of staff)and relate to the needs of the participants. Concerned Citizens-Early Intervention Contract 2021-2022 Page 9 of 20 (d) That conducts the evaluation(eligibility),assessment(child and family need)and the Individualized Family Service Plan(IFSP)within 45 days of receipt of referral.(Referral is defined as the date the family resources coordinator or lead agency received referral). (e) That assist the family to ensure the child obtained an evaluation by a multidisciplinary team. (f) That receives from the parent, a written consent for all activities related to the provision of Early Intervention Services in the family's native language or other mode of communication. (g) That assure the IFSP was reviewed every six months with a new plan written annually. (h) That assures that progress toward the child and family outcomes within the IFSP are assessed on an ongoing basis and documented at least annually. (i) That provides child and family outcomes within the IFSP that are functional and based on the individualized needs of the infant or toddler and the concerns and the priorities of the family. Child specific outcomes reflect the child's participation in everyday routines and activities.Family specific outcomes address the capacity of the family to enhance their child's development. (j) To the maximum extent appropriate for the individual child,in naturally occurring environments and occurs in a setting other than a natural environment only when early intervention cannot be achieved satisfactorily for an infant or toddler in a natural environment. (k) That provide a Transition Plan for each child participating in the early intervention program was developed at least 90 days prior to the child's third birthday. (36) 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 progress reports;and track key program performance indicators. (d) Participants: SUBCONTRACTOR has a commitment to support services in natural environments and has involved families with children who have delays in policy development. (e) Partnerships: SUBCONTRACTOR has a history of working cooperatively with community-based organizations including other Agencies,the COUNTY DD Programs 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. (g) 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/fmance in sufficient detail such that operations can continue should staffing change or prolonged absences occur. (h) Safety: SUBCONTRACTOR will provide evidence that it employs safety protection based on the environment in which the participant is working or receiving services. (i) Integration: SUBCONTRACTOR will provide evidence that services the agency provides adhere to the Medicaid HCBS settings requirements of 42CFR 441 530(a)(1)including: is integrated in and supports full access to the greater community; ensures the individual receives services in the community to the same degree of access as individuals not receiving Medicaid HCBS;and provides opportunities to seek employment and work in competitive integrated settings. (j) SUBCONTRACTOR will identify settings that isolate from the broader community or that have the effect of isolating children from the broader community of children who do not receive Medicaid HCB services. These settings are presumed not to be home and community-based. (37) 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. Concerned Citizens-Early Intervention Contract 2021-2022 Page 10 of 20 (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,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. (38) If SUBCONTRACTOR is found to have a substantiated fmding of abuse,neglect,abandonment or financial exploitation they shall comply with the following CPS guidelines: (a) Upon receiving documentation of a substantiated finding of abuse,neglect,exploitation or abandonment from CPS,the Regional DDA office will send a copy of the CPS substantiation report to the COUNTY within one working day. (b) Upon receiving documentation of a substantiated finding of abuse,the COUNTY will send a letter to the SUBCONTRACTOR within one working day. 1. The contracted provider is required to: a. Document the steps the agency has taken to protect the vulnerable person(s)immediately;and b. Submit a corrective action plan,if needed,to the COUNTY within 10 working days. (c) The COUNTY will respond to the steps taken and the sufficiency of the proposed corrective action plan within 10 working days. If the corrective action is not accepted the plan will be returned to the provider for correction and an amended plan will be required within 5 working days. (d) Once accepted, the COUNTY will send the corrective action plan to DDA for final approval. DDA Regional staff will respond as to plan sufficiency and whether any additional information is needed within 10 working days. The Region will send a copy to Central Office. (39) All services for children with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal, state and local fire,health and safety regulations. (a) The SUBCONTRACTOR has a policy that addresses confidential / private information for and documents: (b) Current emergency contact and medical information(medications,diet,allergies,etc.)needed during the hours of service is readily available for each participant. (40) Within 30 days of the effective date of this agreement and at least semi-annually thereafter, SUBCONTRACTOR will provide (a) company (b) program financial reports to COUNTY, including all revenues and expenses generated by SUBCONTRACTOR,in sufficient detail to demonstrate the uses of funds provided under this agreement. (41) Make available for inspection,review,or audit by COUNTY DD Coordinator at all reasonable times:all work sites; all client records; records on productivity and client wages; and all documents,reports, and other data applicable to this agreement. The COUNTY shall monitor services delivered,and conduct at least one on-site visit with SUBCONTRACTOR during the period of this biennium to assure compliance with the DDA State Work Order. (42) AUDIT REQUIREMENTS. Independent Audit will be submitted annually to the Jefferson COUNTY DD COUNTY Coordinator in the following manner: (a) SUBCONTRACTOR must be able to account for and manage public funds in compliance with Generally Accepted AccountingPrinciples"GAAP". An agency, for-for-profit or non-profit,who receives in excess P P P P > of $100,000 in DDA funds during its fiscal year from the County, shall provide Certified Public Accountant reviewed or audited financial statements within nine months subsequent to the close of the SUBCONTRACTOR's fiscal year. Copies of the audit,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. Concerned Citizens-Early Intervention Contract 2021-2022 Page 11 of 20 (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 accomplished by documentation indicating the SUBCONTRACTOR'S Board of Directors has reviewed the audit. (43) If the Developmental Disabilities Program Coordinator finds indications of potential non-compliance during the contract monitoring process or learns that the SUBCONTRACTOR is out of compliance with any of the terms or conditions of this contract,the following process will be pursued: (a) Informal Notification: Informal process wherein the COUNTY Coordinator alerts the SUBCONTRACTOR in writing of the potential non-compliance and an agreeable solution is reached within 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. (44) 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. (45) Client records shall minimally include early intervention goals, documentation of therapies provided with hours,routine progress notes and semi-annual summary of progress toward meeting individualized goals. (46) 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. (47) SUBCONTRACTOR shall provide COUNTY with a copy of a signed DSHS Provider Agreement within 30 days of the effective date of this agreement. (48) 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. Concerned Citizens-Early Intervention Contract 2021-2022 Page 12 of 20 C. REIMBURSEMENTS (1) Early Intervention Services: For said services rendered under this agreement, COUNTY shall reimburse SUBCONTRACTOR per$426.45 per unit of service,as defined in Attachment A,Fee Schedule. (2) All referrals or requests for services under this agreement will be in writing using a County Service Authorization form, (CSA)agreed to and signed by the parties. A copy of the signed CSA must be in the client's file. (3) 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. (4) COUNTY may, at its option, withhold reimbursement for any month for which required reports have not been received or are inaccurate and/or complete. The IFSP must clearly document funding source per service for each service reimbursement requested. (5) Total reimbursements for the fiscal year of 2021-2022 to the SUBCONTRACTOR by the COUNTY under this contract shall not exceed$16,125.00 in completion of these services without express written amendment signed by both parties to this Agreement. Work performed between September 20,2021 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 a c g other evidence relating to this Agreement and the performance of the services rendered, along with Concerned Citizens-Early Intervention Contract 2021-2022 Page 13 of 20 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 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) 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. (3) 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. (4) 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. (5) 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 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 Concerned Citizens-Early Intervention Contract 2021-2022 Page 14 of 20 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 (6) 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. (7) 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. (8) 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. (9) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. (10) 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. (11) 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. (12) 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. (13) 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. (14) 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. Concerned Citizens-Early Intervention Contract 2021-2022 Page 15 of 20 (15) 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. (16) The SUBCONTRACTOR shall indemnify and hold the COUNTY, and their officers employees, and agents harmless from and shall process and defend at its own expense,including all costs,attorney fees and expenses relating thereto,all claims,demands,or suits at law or equity arising in whole or in part,directly or indirectly, from the SUBCONTRACTOR'S negligence or breach of any of its obligations under this Agreement;provided that nothing herein shall require a SUBCONTRACTOR to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY,their officers, employees and agents,and provided further that if the claims or suits are caused by or result from the concurrent negligence of the SUBCONTRACTOR'S agents or employees;and,(b)the COUNTY,its officers,employees and agents,this indemnity provision with respect to(1)claims or suits based upon such negligence,and/or(2) the costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the SUBCONTRACTOR'S negligence or the negligence of the SUBCONTRACTOR'S agents or employees. (17) 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. (18) 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. (19) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services based on race,religion,color,sex,age,or national origin. (20) 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. (21) 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. (22) 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. (c) This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,whether written or oral,within the scope of this Agreement. (23) 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. Concerned Citizens-Early Intervention Contract 2021-2022 Page 16 of 20 (24) 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. (25) The Contractor shall not sell,assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. (26) 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. (27) This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. (28) 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. (29) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. (30) 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) Concerned Citizens-Early Intervention Contract 2021-2022 Page 17 of 20 ADOPTED THIS day of ,2021 By: By: 1 ktCta. d ! 71 C., . I(,., "" Kate Dean,Chairman Lindrdvliddleton,Executive Director Jefferson County Board of Commissioners Concerned Citizens ATTEST: By: Carolyn Gallaway,Clerk of the Board APPROVED AS TO FORM ONLY: 11. By: _ November 5, 2021 Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney Concerned Citizens-Early Intervention Contract 2021-2022 Page 18 of 20 ATTACHMENT 1 FEE SCHEDULE Early Intervention Unit of Service 1. One UNIT of EARLY INTERVENTION Service is$426.45.One UNIT is defined as one MONTH direct service to one eligible client. 2. One MONTH of direct service is defined as a minimum of one(1)&a maximum of three(3)hours of EARLY INTERVENTION Services for one child. Not to exceed $16,125.00 in completion of services for the duration of the contract without express written amendment. Concerned Citizens-Early Intervention Contract 2021-2022 Page 19 of 20 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 everyrequest for reimbursement. AGENCY CONTRACT NO: 1�.J 0 —c 1 u D 5 8 DATE: l 1 ) 3 -cQ O a i NAME OF SUBRECIPIENT: C,On n o f 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 -)3 a1 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 1 1'i3_0 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 �)- j 5-c \ 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 l l-13`rc 1 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 11-►3-a I 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 ii- I \ government agency since the last certification for its performance related to the Program Agreement I_ 3_al 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 /I - 3-) Compliance and Risk Monitoring Form actually has been performed, including any timesheet or other backup )3-a 1 Subrecipient agrees to submit to an audit within 30 days of a request �/ from the County /� 11 13 a� Subrecipient has corrected any deficiencies identified since the last v certification /� Signed at ©r kS , W CITY STATE Concerned Citizens-Early Intervention Contract 2021-2022 Page 20 of 20 S BRECIPIENT SIGNATURE DATE nrick n() esY) WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVALSIGNATURE DATE WRITTEN NAME OF PERSON APPROVING CERTIFICATION