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HomeMy WebLinkAboutAgreements/Contracts - GRIS (003)VENDOR AGREEMENT BETWEEN GRANT COUNTY AND MOSES LAKE COMMUNITY HEALTH This Agreement is made and entered into by and between Grant County, a political subdivision of the State of, Washington, by and through Grant County Developmental Disabilities and Moses t) - Lake Community Health, a private non-profit corporation duly and currently registered and existing in the State of Washington. Vendor is accountable to the County only with regard to those services specified in this Agreement for which the County remunerates the Vendor. Vendor will provide education and infon-nation services and Parent to Parent services. The parties of the Agreement mutually aurree that: 2n A. SCOPE OF SERVICES The Vendor shall implement the prcJects set forth in the following exhibits., Exhibit le Statement of Work - Community Education and Information Exhibit It:, Reimbursement Rate- Community Education and Information Subject to its other provisions, the period of performance, Linder this Agreement shall be July I,'2_1y0 19 - June 30, '11-021 unless terminated as provided herein. C. COMPENSATION I - The County shall reimburse the Vendor for the services as specified in the attached exhibits. 2. If services outcomes or service level activities as defined in the statement of work are less than the specified criteria, the Vendor shall submit a written report to the County. This report shall identify why the shortfall has occurred and what actions the Vendor proposes be taken. Within thirty (30) days of receipt of the report, the County shall notify the Vendor what actions the County will take in response to the decline in services levels. D. SAFEGUARDING OF INFORMATION The Vendor shall comply with all applicable federal, State and local laws, ordinances, and reaulations pertaining to the confidentiality of consumer's records. ZD Z� Vendor Agreement (Moses Lake Community Health) - 1 E. STANDARDS FOR FISCAL ACCOUNTABILITY The Vendor 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,_the Department of Social and Health Services, 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. The Vendor shall retain the books, documents and other items specified for a period of five (5) years after expiration or termination of this Agreement,, Further'. the Vendor agrees to provide written statistical information to Grant County Developmental Disabilities pursuant to tirnelines in the manner prescribed in any agreement entered into bemeen Grant County Developmental Disabilities and funding agents. The Vendor's fiscal management system shall. - Provide accurate., current and complete disclosure of the services provided, costs thereof and arnounts received and expended pursuant to this Agreement, 2. Provide a separate accounting by source of all funds related to performance of this Agreement. 3. Vendor shall maintain all fiscal records according to GAAR inCkidincy relevant supplements pertaining to fiscal policies. All book -s., records, docul-Bents, reports and other data pertaining to the performance of this Agreement shall be subject at all reasonable tirnes to inspection. review, or audit by County personnel, the Department of Social and Health Services, the Off -ice of the State Auditor, and other officials so authorized by law. F. DOUBLE REIMBURSEMENT PROHIBITED The Vendor 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 Vendor, subsequent to receiving reimbursement frorn the County, receives payment of such costs and services from a third party the Vendor shall, to the extent of such payment promptly reimburse the County to the extent of the third party payment. G. SUBCONTRACTING The Vendor shall not assign any portion of this Agreement without prior written consent of C7 the County, Vendor Agreement (Moses Lake Community Health) - 2 Any work or services assigned under shall be subject to the provisions of this Agreement Z) and proper bidding procedures, where applicable, as set forth by County, State, and/or Federal statues, ordinances and guidelines. H. INDEPENDENT CONTRACTOR Vendor shall furnish services as an independent contractor providing security services tl-� and, nothing herein shall be construed to create a relationship of employer-employee or master -servant, between the Vendor and the County, but all payments hereunder and all services perfon-ned shall be made andP erformed Pursuant to this Agreement, by Vendor., as an independent contractor. Vendor shall have no right to compensation or benefits frorn C2 the County except as expressly provided herein. Vendor and its employees or agents performing under this Agreement are not employees or agents of the County. Vendor 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 Vendor make any claim of right., privilege or benefit which would accrue to an employee under chapter 41.06 RCW and/or any other statute or authority applicable to public employment, civil service and/or pensions. 1. NONDISCRIMINATION IN EMPLOYMENT During the performance of this Agreement, the Vendor and any sub -vendor shall comply Z�_' with the DSHS Non-Discrinnination Plan and the Federal and State laws upon which it is based. J. NONDISCRIMINATION IN CONSUMER SERVICES The Vendor and any sub -vendor 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: I Deny any individual any services ces 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. C� 3. Deny any individual an oppoilunity to participate in any program provided by this Agreement. This Agreement, in determining (1) type of service to be provided, (?) the C� class of individuals to whom, or the situation in which, such services will be provided or (3 '9 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, 1 Vendor Agreement (Moses Lake Community Health) - 3 ) K. CONSUMER ELIGIBILITY Consumer eligibility for service shall be ail people with disabilities, family members and the C, community at large. Services may be generic in nature as long as the content and presentation is to educate and/or inform citizens of Grant County about issues and topics that promote inclusion, power and choice and advocacy. FAIR HEARING PROCEDURE The Vendor shall establish a system thrOLIgh which recipients of services may present grievances about the operation of services. The Vendor 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 LASH. M. INCIDENT REPORTING The Vendor 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 24 hours of such incident, and shall provid'e. the County with such information relating to the incident as the County may require. N. PROVIDING FOR AN AUTHORIZING PROGRAM EVALUATION The Vendor agrees to provide the County, or County authorized personnel Upon reasonable request such program' and fiscal data the County may reasonably require to evaluate the performance of the Agreement. The Vendor authorizes the County to perform on-site program evaluations as needed to assure Agreement compliance. 0. INDEMNIFICATION Vendor shall defend, and hold the COUNTY and its officers, officials and employees, harmless and, indernnify 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: Vendor's negligence, gross negligence and/or intentional torts, arising out of or the result of (I) Vendor's failure to timely perform any of the terms or conditions of the Agreement; (2) Vendor's execution of the Agreement; or, (3) Vendor's failure to comply with any law of any governmental authority with jurisdiction. Z:) The Vendor 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, Vendor Agreement (Moses Lake COMMUnity Health) - 4 C) P. INSURANCE Vendor shall obtain and keep in force during the term of this Agreement a policy of commercial general public liability insurance, insuring against any and all liability arising out of activities associated with the perfon-nance 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 Nofl 00 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/] 00 Dollars ($500,000.00) for property damage, The County shall be named as an additional insured. Vendor shall provide the County with a Certificate of Liability, in effect for the. 2011 contract year(s), within ten (I 0) 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 Vendor's insurance policy is canceled, terminated or is otherwise of no lawful effect, for any reason. INDUSTRIAL INSURANCE COVERAGE Prior to perfori-ring work Linder this Agreement, Vendor shall provide or purchase industrial insurance coverage. for Vendor's employee, as may be required of an "employer" as defined in Title 51 RCW and shall maintain full compliance with title 5) 1 RCW during the course of this Agreement. Should Vendor fail to secure industrial insurance coverage or fall to pay prerniums, as may be required under Title 51 RCW,, the County may deduct the amount of premiums and any penalties owing from the amounts payable to Vendor under this Agreement and transmit the same to the Washington State Department of Labor and Industries, Division of Industrial Insurance {L&,I). This provision does not waive anye right under RCW 51.12.050 to collect from Vendor 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 Vendor, or any subcontractor or employee of the Vendor, 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 as a result of work performed under this Agreement, those payments shall be made by Vendor; Vendor shall indemnify the County and guarantee payment of such amounts. Industrial insurance coverage through L&I is optional for sole proprietors, partners, If - corporate, officers and others, per RCW 51-12.020. R. TREATMENT OF ASSETS Vendor Agreement (Moses Lake Community Health) - 5 I - Title to all property funilshed by DSHS or the, County shall remain, in DSAS or the County as the case may be. 2. The Vendor shall obtain prior approval of the County when purchasing nonexpendable personal property with value in excess of $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. 11 Title to all nonexpendable personal property purchased or otherwise acquired by the Vendor, the cost of which the Vendor is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in DSHS. If the. Vendor elects to capitalize and depreciate such property, rather than claim the property as a direct item of cost title shall remain with the Vendor. 4. DSHS property shall not be rented, loaned or otherwise passed to any other agency or person without prior approval of the Countyand DSHS. DSHS property shall, Unless W 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 Vendor agrees to exeCL)te such documents and security Agreements as shall be necessary for DSHS to perfect its 'interests in accordance with Article 9, Title 62A, Revised Code of Washington (R CW). 6. The Vendor 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 Vendor. 7. The Vendor 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 f-Lifther damage. 8. The Vendor 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 Vendor. S. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the parties, and supersedes all prior Agreements, contracts and understandings, written or oral. Ti TERMINATION I . For Default. Bir written notice the County may terminate the Acrreement in whole or W Zn I in part, for failure of Vendor to perform any of the provisions hereof. In such event Vendor 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 atl administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding (R.FQIRF'P), mailing advertising and staff time; PROVID,ED: that if (i) it is determined for any reason Vendor was not in default; or, (ii}Vendor's failure to perform is not within Vendor's and/or subcontract&s control, fault or negligence, the Vendor Agreeinent (Moses Lake Community Health) - 6 termination shall be deemed to be a "termination for convenience." 2. For Convenience, Except as otherwise provided in this Agreement, the County or Vendor may, by ninety (90) days written notice, terminate this Agreement in whole or in part when it is in the best interests of the Count), or Vendor, 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. Termination Procedure. Upon termination of this Agreement the County, in addition to any other rights provided in this Agreement may require Vendor to deliver to the County any property specifically produced or acquired for the peifon-nance of such part of this A-greement. The County shall pay Vendor the agreed upon price, if separately 4 I'D stated, for completed work and services(s) accepted by the County, and the amount agreed Upon by Vendor and the County for (i) completed work- and service(s) for which no separate price is stated, (ii) partially completed work and service(s), (Iii) other property or services which are accepted by theCountv ., , and (iv) 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 Vendor. The County may �vithhold from any amounts due Vendor such SLIm as the County determines to be necessary to protect the County against tl potential loss or liability. The rights and rernedies of the County provided in this section shall not be excluslve and are in addition to any other rights and remedies provided by law or under this ARreernent, After receipt of a notice of termination,, and except as otherwise directed by the County, Vendor shall: 1. Stop work under the Agreement on the date, and to the extent specified, ill the notice.; 2. Take such action as may be necessary, or as the County may direct for the. .If It protection and preservation of the property related to this Agreement which is in the possession of Vendor 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 Count may SLIMMarily ten-ninate 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 Vendor 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 Vendor may summarily terminate this agreement in whole or in part notwithstanding any other ten-nination 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 vendor of notification from the finding source of any reduction in funding by State, Federal or other sources. The Vendor 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. Vendor Agreement (Moses Labe Community Health) - 7 V. CHANGES AND MODIFICATIONS The County may, by mutual Agreement with the Vendor, 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 Agreernent, an equitable adjustment may be made in the Agreement price, and the Agreement shall be modified in writing accordingly. W. NOTICE,-, All notices to be given with respect to this Agreement shall be in writing and, shall be. t> deposited in the United States mail, postage prepaid, addressed to the COLInty: Board of County Commissioners PO Box 37 Ephrata, WA 98813-0037 Or to Vendor: Moses Lake Community Health Sheila Chilson, CEO 605 Coolidge Dr Z:� Moses Lake, WA 9883"11 Or at such other address as either party, may designate to the other in writing from time to time. X. WAIVERS The. failure of the County to insist on the strict performaiice 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 Agreement, 1= 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 Vendor Agreement (Moses Lake Community Health} - 8 Z. APPLICABLE LAW AND ORDER OF PRECEDENCE This Agreement shall be governed by and construed in accordance with the lme's of the State of Washington. This Agreement cannot be terminated, amended or modified except by a written instrUment executed by the COUNTY and VENDOR, 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: I Applicable Federal and State statutes and regulation The terms and conditions of this Agreement, including Statement of Work; The DSHS and COLInty Agreement on Genei-at Terms and Conditions 4. County Program Agreement DDD County Services Vendor Agreement (Moses Lake Community Health) - 9 Exhibit I Purpose Statement The Vendor will provide as appropriate services in the categories of Community Resource Development, Information and Education and Parent to Parent services. These services shall be provided through Grant County with emphasis on those areas Lin or under served. Provide culturally appropriate assistance, support, information and education services to parents or persons with developmental disabilities. Provide newsletters. community forums, parent support groups., not supported by other I ZD County funded programs, trainings and conferences appropriate to the local communities, i Administer HELP (Home Equipment Loan Progi-am) program Including PLIrchasing adaptive toys equipment and books when appropriate for children with disabilities and tracking the equipment included in the HELP. 4, Reports will be required at the end of every quarter beginning September 1, '2018. Reports shall include new services for the period and any chancre information regarding on-going activities such as newsletters. Grant County Developmental Disabilities will conduct biannual review of the contracted services with Moses Lake Community Health. This visit may include review of financial, personnel and consumer records. This visit will be scheduled; however Grant County reserves the rkrh-� to review records whenever needed. right Vendor Agreement (N/Ioses Lake Community Health) - 10 C) EXHIBIT 11 REIMBURSEMENT RATES Community EdLICation and Information Services MaxiMLIM consideration shall not exceed-, $28,,800 Ser -vices will be paid at a monthly rate of $-3 ),200 Vendor Agreement (Moses Lake Community Health) - I I EXHIBIT III 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, o'.Hardened Pass-vvord"' means a string of at least eight characters containing at least one alphabetic Z-- 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 LISer 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 Contr'actor's internal network, or; b. Encrypting any Data that will be in transit outside the SG N or Contractor's internal network. This includes transit over the public Internet. 3. Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described. All Electronic Data must be encrypted using at least an encryption standard of AES 128 bit. Electronic Data can be on desktops, laptops and other portable devices, servers, and external media: a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and 11ardened "I" lw 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 LISe Of access control lists which will Grant access only after the ALIthorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as Iona, as the disks remain in a Secured Area and otherwise meet the requirements listed in the above paragrapli. Destruction of the Data as outlined in Section S. Data Disposition nay be deferred until the disks are retired, replaced, or otherwise taken out of the Secured 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 Vendor Agreement (Moses Lake Community Health) --12 C -I transported out of a Secured Area. When not in use for the contracted purpose, such discs must be locked in a drawer, cabinet or other container to which only Authorized Users have the key, combination or mechanism required to access the contents of the container. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel, W with access controlled through use of a key, card key, combinat.lon 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 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 blometrics 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 (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 staff. Contractor will notify DSHS staff immediately whenever an Authorized User ill possession of such credentials is terminated or otherwise leaves the employ of the Conti -actor, 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 with a key length of at least 128 bits fib) 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 "LlO minutes. Physically Secure the portable device(s) and/or media by (d) Keeping them in locked storage when not in use I"- (e) Using check-in/check-out procedures when they are shared, and (f) Taking frequent inventories A (2) When being transported Outside of a Secured Area, portable devices and media with DSHS Confidential Information must be Linder the physical control of Contractor staff with authorization. to access the Data. (3) Portable, devices include, but are not limited to; smart phones, tablets, flash memory devices USB flash drives, personal media players), portable hard disks, and laptop/noteboWnetbook computers if those computers may be transported outside of a Secured Area. Vendor Agreement (Moses Lake Community Health) - 13 C) (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, 'N/VMQ- h. Data stored for backup purposes. (1) DSHS data may be stored on portable media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition (2.) DSHS Data mkv 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 inedia 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 firrie in accordance with the disposition reqLfirements in Section 5. Data Disposition. 4. Data Segregation a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been In 0 co pr mised in the event of a security breach. As such, one or more, of the following methods will be used for data segregation. 1= b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non- DSHS data. And./or, c. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, d. DSHS Data will be stored in a database which will contain no non-DSHS data. And/or e. 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. f. When stored as physical paper documents, DSHS Data will be physically segregated from non-DSHS data in a drawer, folder, or other container. 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. NetNvork 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: Vendor Agreement (Moses Lake Community Health) - 14 Data stored on: Server or workstation hard disks, or Removable media (e.g, floppies, LJSB flash drives, portable hard disks) excluding optical discs Paper documents with sensitive or Confidential Information Paper documents containing Confidential Information requiring special handling (e.g. protected health information) Optical discs (e.cr. CDs or DVDs) I.D Magnetic. tape Will be destroyed by: Using a "wipe" utility which will overwrite the Data at least three (3) times. using either random or single character data, or Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Recycling through a contracted firm provided the contract with the recycler assures that the confidentiality of Data will be protected. On-site shredding, pulping, or incineration I--- Incineration, shredding, or completely defacing the readable surface. with a coarse abrasive Degaussing, incinerating or crosscut shredding C� 11:1� 6. 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 dshsprivacyoffjcer@dsbs.wa.crov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Data shared with Subcontractors. If DSHS Data provided Linder 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. Vendor Agreement (Moses Lake Community Health) - 15 BOARD OF COUNTY COMMISSIONERS ------------- c �=a3rl �' Richard Stevens, Member Date Attest: Barbra J. Vasquez 00 ate Cie k the Board Approved as to form, - Kevin Mcc-'rae" Date, Deputy.Prosecuting Attorney Moses Lake Community Health Authorized signer— printed Authorized Signature Date Title GRANT INTEGRATED SERVICES DEVELOPMENTAL DISABILITIES Gail Goodwin, Program Director Date