HomeMy WebLinkAboutAgreements/Contracts - Renew (002)r 7
GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Renew
REQUEST SUBMITTED BY: LIf1Ze GI'eenWalt
CONTACT PERSON ATTENDING ROUNDTABLE:Dell Anderson
CONFIDENTIAL INFORMATION: F]YES ® NO
DATE:08.13.2024
PHONE:x5470
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®Agreement / Contract
EIAP Vouchers
ElAppointment / Reappointment
7ARPA Related
El Bids / RFPs / Quotes Award
713id Opening Scheduled
El Boards / Committees
7 Budget
7 Computer Related
OCounty Code
D Emergency Purchase
El Employee Rel.
7 Facilities Related
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E]Grants — Fed/State/County
0 Leases
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E]Minutes
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7 Out of State Travel
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ElSurplus Req.
E]Tax Levies
E:]Thank You's
E]Tax Title Property
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FOR AGENDA: 0:
SUGGE8TED WORDIN.G.
(Wh What,
Subcontractor agreement between Moses Lake Community Health Center and
Grant and Adams County Developmental Disabilities effective 07.01.24-06.30.25
to provide Education and Information Services and Parent to Parent Services.
If necessary, was this document reviewed by accounting? 0 YES Fm-] NO 1:1 N/A
If necessary, was this document reviewed by legal? W YES F-1 NO 7 N/A
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
WITHDRAWN: f
RECEIVED
AUG "15 zoaa
4/23/24 GRANT COLiNTY COMMISSIONERS
K24-208
•
AGREEMENT PERIOD: 7/1/2024 — 06/30/2025
ORGANIZATION NAME: Moses Lake Community Health Center
SUBCONTRACTOR CONTACT PERSON: Catalina Guzman, Parent to Parent Coordinator
EMAIL: zma!- 51111c,". tclor'
TELEPHONE: (509) 764-7424
SIGNATORY AUTHORITY: Sheila Berschauer., CEO
EMAIL: sberschauerrAftallclic.
TELEPHONE: �509�765-0'674
ADDRESS: 605 S Coolidge Street, Moses Lake, WA 98837
IRS TAX NUMBER: 91-1537371
QUALIFIED PROVIDER SERVICES: Education and Information Services and Parent to Parent Services.
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page I of 15
7/1/2024 — 6/30/2025
SUBCONTRACTOR AGREEMENT
This Agreement is made and entered into by and between Grant County, a political subdivision of the
State of Washingtonr by and through Grant & Adams County Developmental Disabilities and Moses Lake
Community Health, a private non-profit corporation duly and currently registered and existing in the State
of Washington. Subcontractor is accountable to the County only with regard to those services specified
in this Agreement for which the County remunerates the Subcontractor. Subcontractor will provide
education and information services, and Parent to Parent services,,
The parties of the Agreement mutually agree that:
A) SCOPE OF SERVICES
The Subcontractor shall implement the projects set forth in the following exhibits:
Exhibit 11: Statement of Work — Community Education and Information
Exhibit 11: Reimbursement Rate — Community Education and Information
Subject to its other provisions, the period of performance under this Agreement shall be July 1,
2024 — June 30, 2025, unless terminated as provided herein.
1) The County shall reimburse the Subcontractor for the services as specified in the attached
exhibits,
2) If service outcomes or service level activities as defined in the statement of work are less than
the specified criteria, the Subcontractor shall submit a written report to the County. This report
shall identify why the shortfall has occurred, and what actions the Subcontractor proposes be
taken. Within thirty (30) days of receipt of the report,, the County shall notify the Subcontractor
what actions the County will take in response to the decline in services levels.
The Subcontractor shall comply with all applicable Federal, State, and local laws, ordinances, and
regulations pertaining to the confidentiality of consumer's records. In addition, the Subcontractor
agrees to abide by the Data Security Requirements,, Exhibit III, which is incorporated into this
agreement,
The Subcontractor agrees to maintain all books, records, documents, reports, and other data
pertaining to the performance of this agreement, and to make such records and information
available for inspection, review, audit, and/or copying by the County, Developmental Disabilities
Association (DDA)/Department of Social and Health Services(DSHS), the Office of the State
Auditor,, other officials so authorized by law, and funding agents, and/or their designees.
Documents specified above shall be maintained in a manner consistent with generally accepted
accounting principles (GAAP). The Subcontractor shall retain the books, documents and other
items specified for a period of six (6) years after expiration or termination of this Agreement.
The Subcontractor agrees to provide written statistical information to Grant & Adams County
Developmental Disabilities pursuant to timelines in the manner prescribed in any agreement
entered between Grant & Adams County Developmental Disabilities and funding agents,
The Subcontractor's fiscal management system shall:
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1) Provide accurate, current and complete disclosure of the services provided, costs thereof
and amounts received and expended pursuant to this Agreement.
2) Provide a separate accounting by source of all funds related to performance of this
Agreement.
3) Subcontractor shall maintain all fiscal records according to G'AAP, including relevant
supplements pertaining to fiscal policies.
All books,, records, documents,, reports,, and other data pertaining to the performance of this
Agreement shall be subject at all reasonable times to inspection, review, or audit by County
personnel, the Department of Social and Health Services, the Office of the State Auditor, and
other officials so authorized by law,
F) DOUBLE REIMBURSEMENT PROHIBITED
The Subcontractor shall not seek reimbursement from the County for any costs or services for
which it has been reimbursed from other sources. In the event the Subcontractor, subsequent
to receiving reimbursement from the County, receives payment of such costs and services from
a third party the Subcontractor shall., to the extent of such payment promptly reimburse the
County to the extent of the third -party payment,
G) SUBCONTRACTING
The Subcontractor shall not assign any portion of this Agreement without prior written consent
of the County. Any work or services assigned under shall be subject to the provisions of this
Agreement and proper bidding procedures, where applicable, as set forth by County, State, and/or
Federal statues, ordinances, and guidelines.
101 -4 0 111111
Subcontractor shall furnish services as an independent contractor providing security services and,
nothing herein shall be construed to create a relationship of employer -employee or master -servant,
between the Subcontractor and the County, but all payments hereunder and all services performed
shall be made and performed pursuant to this Agreement, by Subcontractor, as an independent
contractor. Subcontractor shall have no right to compensation or benefits from the County except as
expressly provided herein. its ty ce
Subcontractor and its employees or agents performing under this Agreement are not employees or
agents of the County. Subcontractor will not hold itself out as nor claim to be an officer or employee
of the County or of the State of Washington by reason hereof, nor will Subcontractor make any claim
of right, privilege or benefit which would accrue to an employee under Cheri) er .41.06 Ra,V and/or any
other statute or authority applicable to public employment., civil service and/or pensions,
IIJ
During the performance of this Agreement, the Subcontractor shall comply with the DSHS Non -
Discrimination Plan, and the Federal and State laws upon which it is based.
3) NONDISCRIMINATION IN CONSUMER SERVICES
The Subcontractor shall not, on the grounds of race, color, sex, religion, national origin, creed, marital
status, age, or the presence of any sensory, mental, or physical handicap:
1) Deny any individual any services provided under this Agreement.
2) Subject an individual to segregation or separate treatment in any matter related to his/her
receipt of any services provided under this Agreement,
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 3 of 15
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3) Deny any individual an opportunity to participate in any program provided by this Agreement.
This Agreement, in determining:
a) Type of service to be provided;
b) The class of individuals to whom,, or the situation in which, such services will be provided;
or
c) The class of individuals to be afforded an opportunity to participate in any services, will
not utilize criteria or methods or administration which have the effect of subjecting
individuals to discrimination because of their race, color,, sex,, religion, national origin,
creed, marital status, age, or presence of a sensory, mental, or physical handicap.
K) CONSUMER ELIGIBILITY
Consumer eligibility for service shall be all people with disabilities, family members and the
community at large. Services may be generic in nature as long as the content and presentation
are to educate and/or inform citizens of Grant and/or Adams County about issues and topics
that promote inclusion, power and choice and advocacy,
L) FAIR HEARING PROCEDURE
The Subcontractor shall establish a system through which recipients of services may present
grievances about the operation of services. The Subcontractor shall advise recipients of the
grievance procedure, and further advise each recipient of services that they have the right to
obtain a fair hearing should they feel that any of the following are true:
1) They have been wrongfully denied services;
2) Services were wrongfully terminated; (3) determination of eligibility for services has not
been made with arrangements of procedures as required by DSHS,
M) INCIDENT REPORTING
The Subcontractor shall notify the County of any incident involving death of any consumer in
connection with, or during the provision of services authorized or required by this Agreement.
In any event, written notice of death shall be given to the County within twenty-four (24) hours
of such incident, and shall provide the County with such information relating to the incident as
the County may require,
The Subcontractor agrees to provide the County, or County authorized personnel upon
reasonable request, such program, and fiscal data the County may reasonably require evaluating
the performance of the Agreement, The Subcontractor authorizes the County to perform on -
site program evaluations as needed to assure Agreement compliance,
0) IDEMNIFICATION
Subcontractor shall defend, and hold the County and its officers, officials, and employees,
harmless and, indemnify the County and its officers, officials, and employees, for any and all
claims., actions,, damages, lawsuits, charges, liabilities of any kind, including attorney fees and
costs, etc., arising out of either: Subcontractor's negligence, gross negligence and/or intentional
torts,, arising out of or the result of:
1) Subcontractor's failure to timely perform any of the terms or conditions of the Agreement;
2) Subcontractor's execution of the Agreement; or,
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 4 of 15
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3) Subcontractor's failure to comply with any law of any governmental authority with
jurisdiction.
The Subcontractor further agrees that it is financially liable for any audit exceptions, which occur
due to its negligence or failure to comply with the terms of this Agreement.
P)INSURANCE
Subcontractor shall obtain and keep in force during the term of this Agreement a policy of commercial
public liability insurance,, insuring against all liability arising out of activities associated with the
performance and execution of the Agreement, including without limitation, coverage for property
damage, bodily injury, including death,, and other alleged damages. The limit for general liability
coverage shall be no less than two million and no/100 Dollars ($2,000,000) aggregate, including injury
or death of any person per occurrence and in the amount of at least five hundred thousand and no/100
dollars ($500,000.g0) for property damage, The County shall be named as an additional insured.
Subcontractor shall provide the County with a Certificate of Liability, in effect for the 2021-22 contract
year(s), within ten (10) days of the effective date of this Agreement. A condition of said policy shall
require the insurance carrier to notify the County in writing within three (3) days if Subcontractor's
insurance policy is cancelled, terminated, or is otherwise of no lawful effect, for any reason.
Prior to performing work under this Agreement, Subcontractor shall provide or purchase industrial
insurance coverage for Subcontractor's employee, as may be required of an "employer" as defined in
1-i't-le 51 RUV and shall maintain full compliance with title 51 RCW during this Agreement. Should
Subcontractor fail to secure industrial insurance coverage or fail to pay premiums, as may be required
under Title, 51 RCM, the County may deduct the amount of premiums and any penalties owing from
the amounts payable to Subcontractor under this Agreement and transmit the same to the Washington
State Department of Labor and Industries,, Division of Industrial Insurance (MI). This provision does
not waive any right under RM 51.12.050 to collect from Subcontractor amounts paid by the County,
The County will not be responsible for payment of industrial insurance premiums or for any other claim
or benefit for Subcontractor, or any subcontractor or employee of the Subcontractor, which might arise
under the industrial insurance laws during performance of duties and service(s) under this Agreement.
If L&I, upon audit, determines that industrial insurance payments are due and owing because of work
performed under this Agreement, those payments shall be made by Subcontractor; Subcontractor shall
indemnify the County and guarantee payment of such amounts.
Industrial insurance coverage through L&I is optional for sole proprietors,, partners, corporate.,
officers and others, per RCW 51,12.020.
1) Title to all property furnished by DSHS or the County shall remain, in DSHS' or the County"s
possession as the case may be.
2) The Subcontractor shall obtain prior approval of the County when purchasing nonexpendable
personal property with value more than $550, which is to be reimbursed as a direct item of cost
under this Agreement. Approval may be accomplished by including such purchases in the
Agreement budget.
3) Title to all nonexpenclable personal property purchased or otherwise acquired by the
Subcontractor, the cost of which the Subcontractor is entitled to be reimbursed as a direct item
of cost under this Agreement shall pass to and vest in DSHS. If the Subcontractor elects to
capitalize and depreciate such property, rather than claim the property as a direct item of cost
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 5 of 15
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title shall remain with the Subcontractor,
4) DSHS property shall not be rented, loaned, or otherwise passed to any other agency or person
without prior approval of the County and ,DSHS. DSHS property shall, unless otherwise
approved by the County or DSHS, be used only for performance of this Agreement.
5) As a condition precedent to reimbursement for the purchase of property that shall belong to
DSHS as outlined above,, the Subcontractor agrees to execute such documents and security
Agreements as shall be necessary for DSHS to perfect its interests in accordance with Article 9,
Title 62A devised Code of 1yVashingtq!-.j..CRgj),.
6) The Subcontractor shall be responsible for any loss or damage to DSHS property, gross
negligence,, and intentional acts, which is caused, or results from the negligence or lack of good
faith of the Subcontractor.
7) The Subcontractor shall notify the County upon the happening of any loss or destruction of
DSHS property and shall take all reasonable steps to protect such property from further damage.
8) The Subcontractor shall surrender to the County all DSHS and County property within thirty
(30) days after settlement upon rescission,, termination of completion of this Agreement unless
otherwise mutually agreed between the County and the Subcontractor.
S) ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties, and supersedes all prior Agreements,
contracts, and understandings, written or oral,
T) TERMINATION
1) For Default. By written notice, the County may terminate the Agreement,, in whole or in part,,
for failure of Subcontractor to perform any of the provisions hereof. In such event Subcontractor
shall be liable for damages as authorized by law including, but not limited to any cost difference
between the original Agreement and a replacement or cover contract and all administrative costs
directly related to the replacement contract, e.g.,, cost of the competitive bidding (RFQ) (RFP),
mailing advertising and staff time; PROVIDED: that if
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a) it is determined for any reason Subcontractor was not in default; or,
b) Subcontractor's failure to perform is not within Subcontractor's control, fault or
negligence, the termination shall be deemed to be a "termination for convenience."
2) For Convenience. Except as otherwise provided in this Agreement., the County or Subcontractor
may, by ninety (90) days written notice, terminate this Agreement in whole or in part when it is
in the best interests of the County or Subcontractor. If this Agreement is so terminated, the
County shall be liable only for payment in accordance with the terms of this Agreement for
service(s) rendered prior to the effective date of termination,
3) Termination Procedure. Upon termination of this Agreement, the County, in addition to any
other rights provided in this Agreement, may require Subcontractor to deliver to the County any
property specifically produced or acquired for the performance of such part of this Agreement.
The County shall pay Subcontractor the agreed upon price, if separately stated, for completed
work and services(s) accepted by the County, and the amount agreed upon by Subcontractor
and the County for:
a) Completed work and service(s) for which no separate price is stated;
b) Partially completed work and service(s);
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 6 of 15
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c) Other property or services which are accepted by the County; and
d) The protection and preservation of property, unless the termination is for default, in which
case the County shall determine the extent of the liability of Subcontractor. The County
may withhold from any amounts due to the Subcontractor, and such sum as the County
determines to be necessary to protect the County against potential loss or liability.
The rights and remedies of the County provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement. After receipt
of a notice of termination, and except as otherwise directed by the County,, Subcontractor shall:
1) Stop work under the Agreement on the date., and to the extent specified, in the notice,
2) Take such action as may be necessary, or as the County may direct, for the protection
and preservation of the property related to this Agreement which is in the possession of
Subcontractor and in which the County has or may acquire an interest.
U) REDUCTION IN FUNDING
In the event that funding to the County form State,, Federal, or other sources is withdrawn, reduced,
or limited in any way after the effective date of this agreement, and prior to its normal completion, the
County may summarily terminate this agreement as to the funds withdrawn, reduced, or limited
notwithstanding any other termination provision of this agreement. If the level of funding withdrawn,
reduced or limited is so great that the Board of Grant County Commissioners or the Subcontractor deem
that the continuation of the program covered by this agreement is no longer in the best interest of the
citizens of Grant County, the County or Subcontractor may summarily terminate this agreement in
whole or in part notwithstanding any other termination provisions of this agreement. Termination under
this section shall be effective upon receipt of written notice by the non -terminating party. The County
agrees to notify the Subcontractor of notification from the funding source of any reduction in funding
by State, Federal or other sources. The Subcontractor agrees that upon receipt of such notice it shall
develop a plan to take appropriate and reasonable action to reduce its spending of the affected funds
so that expenditures do not exceed the funding level which would result if said proposed reduction,
became effective.
V) CHANGES AND MODIFICATIONS
The County may., by mutual Agreement with the Subcontractor, make changes within the general
scope of the services to be performed under this Agreement. If any such change causes an
increase or decrease in the cost of this Agreement,, an equitable adjustment may be made in the
Agreement price, and the Agreement shall be modified in writing accordingly.
M11MIR oi�
All notices to be given with respect to this Agreement shall be in writing and, shall be deposited
in the United States mail, postage prepaid, addressed to the County:
Addressed to the County:
Board of County Commissioners
PO Box 37
Ephrata, WA 98823-0037
Address to the Subcontractor:
Moses Lake Community Health
Sheila Berschauer, CEO
605 Coolidge Dr
Moses Lake,, WA 98837
Or such other address as either party may designate to the other in writing from time to time,,
Grant & Adams County Developmental Disabilities Subcontractor Agreement
7/1/2024 — 6/30/2025
Page 7 of 15
X) WAIVERS
The failure of the County to insist on the strict performance of any of the terms and conditions
hereof shall be deemed a waiver of the rights or remedies that the County may have regarding
that specific instance only and shall not be deemed a waiver of any subsequent breach or
default in any terms and conditions.
Y) INVALIDITY
Any provision of this Agreement,, which shall prove to be invalid, void or illegal shall in no way
affect, impair or invalidate any of the other provisions hereof and such other provisions shall
remain in full force and effect despite such invalidity or illegality.
Z) APPLICABLE LAW AND ORDER OF PRECEDENCE
This Agreement shall be governed by and construed in accordance with the laws of the State
of Washington. This Agreement cannot be terminated, amended or modified except by a
written instrument executed by the County and Subcontractor, except as set forth herein.
In the event of an inconsistency in this Agreement, unless otherwise provide herein, the
inconsistency shall be resolved by giving precedence in the following order:
1) Applicable Federal and State statutes and regulation;
2) The terms and conditions of this Agreement, including Statement of Work;
3) The DSHS and County Agreement on General Terms and Conditions;
4) County Program Agreement DDA County Services,
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 8 of 15
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EXHIBIT I
Purpose Statement
The Subcontractor will provide as appropriate services in the categories of Information and
Education and Parent to Parent services. These services shall be provided through Grant and
Adams County with emphasis on those areas underserved. The Subcontractor will:
1) Provide culturally appropriate assistance, support, educational, information services to
parents and/or individuals who are raising children with disabilities and developmental delays.
Serving individuals/children with disabilities and/or developmental delays through support of
the parent/caregiver.
2) Provide newsletters, community forums, parent support groups, trainings and conferences
that are not supported by other County funded programs, appropriate to the local
communities;
3) Administer HELP (Home Equipment Loan Program) program including purchasing books and
educational media materials. Overseeing the loaning of donated toys, equipment and tracking
any items dispensed through HELP.
4) Provide reports that will be required at the end of every quarter beginning September 1,
2024. Reports shall include new services for the period and any change information
regarding on -going activities such as newsletters.
5) Adhere to and/or maintain an appropriate Dispute Resolution policy pursuant to DDA Policv
5.03 . Client Com-,- laints,
Grant & Adams County Developmental Disabilities will conduct biannual review of the
contracted services with Moses Lake Community Health. This review may include analysis of
financial, personnel and consumer records. This visit will be scheduled; however, Grant &
Adams County Developmental Disabilities reserves the right to review records whenever
needed,
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EXHIBIT 11
REIMBURSEMENT RATES
Community Education and Information Services
Maximum consideration shall not exceed $58,465/year for Grant County
Services will be paid at a monthly rate of $ 4872.08/per month
Maximum consideration shall not exceed $7909/year for Adams County
Services will be paid at a monthly rate of $659.08/r»on#h for Adams County
Parent to Parent Reporting form with billing should arrive to Grant & Adams County
Developmental Disabilities each month split into activities from each County.
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 10 of 15
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Data Security Requirements
1) Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the
following definitions:
a) "Authorized User(s)" -means an individual or individuals with an authorized business
requirement to access DSHS Confidential Information.
b) '"Hardened Password" means a string of at least eight characters containing at least one
alphabetic character, at least one number and at least one special character such as an
asterisk, ampersand or exclamation point.
c) "Unique User ID," means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
2) Data Transport. When transporting DSHS Confidential Information electronically, including via
email,, the Data will be protected by:
a) Transporting the Data within the (State Governmental Network) SGN or Subcontractor's
internal network, or;
b) Encrypting any Data that will be in transit outside the Sid or Subcontractor's internal network.
This includes transit over the public Internet.
3) Protection of Data. The Subcontractor agrees to store Data on one or more of the following
media and protect the Data as described. All Electronic Data must be encrypted using at least an
encryption standard of AES 128 bit. Electronic Data can be on desktops, laptops and other portable
devices, servers, and external media:
a) Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique
User ID and Hardened Password or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards,
b) Network server disks. Data stored on hard disks mounted on network servers and made
available through shared folders. Access to the Data will be restricted to Authorized Users
through the use of access control lists which will grant access only after the Authorized User
has authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security,, such as biometrics or
smart cards. Data on disks mounted to such servers must be 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
if the disks remain in a Secured Area and otherwise meet the requirements listed in the above
paragraph. Destruction of the Data as outlined in Section 5. Data Disposition may be deferred
until the disks are retired, replaced, or otherwise taken out of the Secured Area.
c) Optical discs (CDs or VDs) in local workstation optical disc drives. Data provided
by DSHS on optical discs which will be used in local workstation optical disc drives, and which
will not be transported out of a Secured Area. When not in use for the contracted purpose.,
such discs must be locked in a drawer,, cabinet, or other container to which only Authorized
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Users have the key, combination or mechanism required to access the contents of the
container. Workstations which access DSHS Data on optical discs must be located in an area
which is accessible only to authorized personnel, with access controlled through use of a key,
card key, combination lock, or comparable mechanism.
d) Optical discs (CDs or VDs) in drives or jukeboxes attached to servers. Data
provided by DSHS on optical discs which will be attached to network servers and which will
not be transported out of a Secured Area. Access to Data on these discs will be restricted to
Authorized Users through the use of access control lists which will grant access only after the
Authorized User has authenticated to the network using a Unique User ID and Hardened
Password or other authentication mechanisms which provide equal or greater security, such
as biometrics or smart cards. Data on discs attached to such servers must be located in an
area which is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
e) Paper documents. Any paper records must be protected by storing the records in a Secured
Area which is only accessible to authorized personnel. When not in use,, such records must be
stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only
authorized persons have access.
f) Remote Access. Access to and use of the Data over the State Governmental Network (SCN)
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 Subcontractor staff. Subcontractor will notify DSHS staff immediately whenever an
Authorized User in possession of such credentials is terminated or otherwise leaves the employ
of the Subcontractor, 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
Subcontractor 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 with a key length of at least 128 bits;
b) Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as 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 twenty (20) minutes;
Physically Secure the portable device(s) and/or media by:
d) Keeping them in locked storage when not in use;
e) Using check-in/check-out procedures when they are shared., and
f) Taking frequent inventories.
2) When being transported outside of a Secured Area,, portable devices and media with DSHS
Confidential Information must be under the physical control of Subcontractor staff with
authorization to access the Data.
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3) Portable devices include, but are not limited to; smart phones, tablets, flash memory
devices (e.g. USB flash drives,, personal media players), portable hard disks, and
laptop/notebook/netbook computers if those computers may be transported outside of a
Secured Area.
4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs)., magnetic
media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMQ.
1) DSHS, data may be stored on portable media as part of a Subcontractor's existing,
documented backup process for business continuity or disaster recovery purposes. Such
storage is authorized until such time as that media would be reused during the course of
normal backup operations. If backup media is retired while DSHS Confidential Information
still exists upon it,, such media will be destroyed at that time in accordance with the
disposition requirements in Section 5. Data Disposition.
2) DSHS Data may be stored on non -portable media (e.g. Storage Area Network drives,
virtual media, etc.) as part of a Subcontractor's existing, documented backup process for
business continuity or disaster recovery purposes. If so, such media will be protected as
otherwise described in this exhibit. If this media is retired while DSHS Confidential
Information still exists upon it, the data will be destroyed at that time in accordance with
the disposition requirements in Section 5, Data Disposition.
t. I i114 A til.I 141 a i I
DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure
that when no longer needed by the Subcontractor, 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:
a) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain
no non-DSHS data. And/or,
b) DSHS Data will be stored in a logical container on electronic media, such as a partition or
folder dedicated to DSHS Data. And/or,,
c) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
d) 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,
e) When stored as physical paper documents, DSHS Data will be physically
segregated from non-DSHS data in a drawer, folder, or other container,
f) 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.
5) Data Disposition. When the contracted work has been completed or when no longer needed,
except as noted in Section 3. - Protection of Data b. Network Server Disks above, Data shall be
returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable
methods of destruction are as follows:
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 13 of 15
7/1/2024 - 6/30/2025
data stored on:
Will be destroyed by:
Server or workstation hard disks, or
Using a "wipe" utility which will overwrite the Data
Removable media (e.g. floppies, USB flash
at least three (3) times using either random or
drives, portable hard disks) excluding optical
single character data, or Degaussing sufficiently to
discs
ensure that the Data cannot be reconstructed, or
Ph ysically destroying the disk
Paper documents with sensitive or
Recycling through a contracted firm provided the
Confidential Information
contract with the recycler assures that the
confidentiality of Data will be protected,
Paper documents containing Confidential
On -site shredding, pulping, or incineration
Information requiring special handling (e.g.
w-protected health information) ........
Incineration, shredding, or completely defacing
Optical discs (e.g. CDs or DVDs)
the readable surface with a coarse abrasive
Ida tape
_g
.Degaussing, incineratin or crosscut shredding - --- - ----------
4) 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 dshsprivacyofr'lcer(�dshs.wa.aov.
Subcontractor must also take actions to mitigate the risk of loss and comply with any notification or
other requirements imposed by law or DSHS.
Data shared with Subcontractors, 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 Subcontractor 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.
Grant & Adams County Developmental Disabilities Subcontractor Agreement Page 14 of 15
7/1/2024 — 6/3012025
BOARD OF COUNTY COMMISSIONERS
.. .... .....
Cm y arter, air Date
Danny E. one, Vice -Chair Date
Rob Jo Date.
Ad
Barbara asquez, Date
Clerk of the Board
Approved a5 to form:
Rebekah Kaylor Date
Chief Deputy Prosecuting Attorney
GRANT & ADAMS COUNTY
DEVELOPMENTAL DISABILITIES
Tina Steinmetz U [date
Developmental Disabilities county Coordinator
Z..
ly
Dell Anderson, M.E ., LMHC D to
Renew Executive Director
Sheila A. Serschauer, CEO Date
Moses Lake Community Health Center
Grant & Adams County Developmental Disabilities Subcontractor Agreement Rage 15 of 15
7/1/2024 — 6/30/2025