HomeMy WebLinkAbout25-046 - Contract - Department of Social and Health Services - Interlocal Agreement: Olympic Heritage Hospital Police Servicecs25-046
Council Approval 12/16/24
DSHS Central Contracts & Legal Services
6015LF Custom Interlocal Agreement (5-11-18) Page 1
INTERLOCAL AGREEMENT
DSHS Agreement Number:
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2464-55580
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Police Services
This Agreement Is by and between the State of Washington Department
Program Contract Number:
of Social and Health Services (DSHS) and the Contractor identified
Contractor Contract Number:
below, and is issued pursuant to the Interlocal Cooperation Act, chapter
39.34 RCW.
CONTRACTOR NAME
CONTRACTOR doing business as (DBA)
City of Tukwila
CONTRACTOR ADDRESS
WASHINGTON UNIFORM
DSHS INDEX NUMBER
BUSINESS IDENTIFIER (UBI)
6200 Southcenter Blvd
Tukwila, WA 98188
65776
CONTRACTOR CONTACT
CONTRACTOR TELEPHONE
CONTRACTOR FAX
CONTRACTOR E-MAIL ADDRESS
Brandon Miles
(206) 731-9071
brandon.miles@tukwilawa.g
ov
DSHS ADMINISTRATION
DSHS DIVISION
DSHS CONTRACT CODE
Behavioral Health Administration
Division of State Hospitals
8000LC-64
DSHS CONTACT NAME AND TITLE
DSHS CONTACT ADDRESS
Blessing Guillermo
Olympic Heritage BH
Contracts Manager
12844 Military Rd S
Tukwila, WA 98168
DSHS CONTACT TELEPHONE
DSHS CONTACT FAX
DSHS CONTACT E-MAIL ADDRESS
(253)355-4813
d"Illi l Il r uu: it i
blessin uillermo1 @dshs.wa.gov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT?
ASSISTANCE LISTING NUMBER(S)
No
AGREEMENT START DATE
AGREEMENT END DATE
MAXIMUM AGREEMENT AMOUNT
01/01/2024
12/31/2025
$213,090.00
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
® Exhibits (specify): Exhibit A - Data Security Requirements
❑ No Exhibits.
The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and merging all previous agreements, writings, and communications, oral
or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent
they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall
be binding on DSHS only upon signature by DSHS.
CONTRAC SIGNATUR
PRINTED NAME AND TITLE
DATE SIGNED
C, 4
Thomas McLeod, Mayor
12/30/2024
DSHS SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
f/
Mara Lake, BHA Contracts Administrator
1/21/2025
DSHS Central Contracts & Legal Services
6015LF Custom Interlocal Agreement (5-11-18) Page 1
DSHS General Terms and Conditions
Definitions. The words and phrases listed below, as used in this Contract, shall each have the
following definitions:
a. "Central Contracts and Legal Services" means the DSHS central headquarters contracting office, or
successor section or office.
b. "Confidential Information" or "Data" means information that is exempt from disclosure to the public
or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential
Information includes, but is not limited to, Personal Information.
c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor,
including any Exhibits, documents, or materials incorporated by reference. The parties may execute
this contract in multiple counterparts, each of which is deemed an original and all of which
constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
d. "CCLS Chief' means the manager, or successor, of Central Contracts and Legal Services or
successor section or office.
e. "Contractor" means the individual or entity performing services pursuant to this Contract and
includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor'
includes any Subcontractor and its owners, members, officers, directors, partners, employees,
and/or agents.
f. "Debarment' means an action taken by a Federal agency or official to exclude a person or business
entity from participating in transactions involving certain federal funds.
g. "DSHS" or the "Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
h. "Encrypt" means to encode Confidential Information into a format that can only be read by those
possessing a "key;" a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for
asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must
be used if available.
"Personal Information" means information identifiable to any person, including, but not limited to,
information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers,
driver license numbers, other identifying numbers, and any financial identifiers.
"Physically Secure" means that access is restricted through physical means to authorized
individuals only.
k. "Program Agreement" means an agreement between the Contractor and DSHS containing special
terms and conditions, including a statement of work to be performed by the Contractor and payment
to be made by DSHS.
"RCW' means the Revised Code of Washington. All references in this Contract to RCW chapters or
sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters
can be accessed at http://apps.leg.wa.gov/rcw/.
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m. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
n. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential Information have access. Secured Areas may include buildings, rooms or locked
storage containers (such as a filing cabinet) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
o. "Subcontract" means any separate agreement or contract between the Contractor and an individual
or entity ("Subcontractor') to perform all or a portion of the duties and obligations that the Contractor
is obligated to perform pursuant to this Contract.
p. "Tracking" means a record keeping system that identifies when the sender begins delivery of
Confidential Information to the authorized and intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that
include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery
services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the
Washington State Campus mail system. For electronic transmission, the Washington State
Governmental Network (SGN) is a Trusted System for communications within that Network.
r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/.
2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only
personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accordance with this
Contract.
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
the Contractor has charged or will charge another agency of the state of Washington or any other
party for the same services.
5. Compliance with Applicable Law and Washington State Requirements.
a. Applicable Law. Throughout the performance of this Agreement, Contractor shall comply with all
federal, state, and local laws, regulations, and executive orders to the extent they are applicable to
this Agreement.
b. Civil Rights and Nondiscrimination. Contractor shall comply with all federal and state civil rights
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and nondiscrimination laws, regulations, and executive orders to the extent they are applicable to
this Agreement, including, but not limited to, and as amended, Titles VI and VII of the Civil Rights
Act of 1964; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities
Act (ADA); Executive Order 11246; the Health Insurance Portability and Accountability Act of 1996
(HI PAA); the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975,
the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 49.60 of the Revised
Code of Washington, Washington's Law Against Discrimination. These laws, regulations and
executive orders are incorporated by reference herein to the extent that they are applicable to the
Contract and required by law to be so incorporated.
In the event of the Contractor's noncompliance or refusal to comply with any applicable
nondiscrimination laws, regulations, and executive orders, this Agreement may be rescinded,
canceled, or terminated in whole or in part.
c. Nondiscrimination.
(1) Nondiscrimination Requirement. During the term of this Contract, Contractor, including any
subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In
addition, Contractor, including any subcontractor, shall give written notice of this
nondiscrimination requirement to any labor organizations with which Contractor, or
subcontractor, has a collective bargaining or other agreement.
(2) Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply
with any Washington state agency investigation regarding any allegation that Contractor,
including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant
to RCW 49.60.530(3).
d. Certification Regarding Russian Government Contracts and/or Investments. Contractor shall
abide by the requirements of Governor Jay Inslee's Directive 22-03 and all subsequent
amendments. The Contractor, by signature to this Contract, certifies that the Contractor is not
presently an agency of the Russian government, an entity which is Russian -state owned to any
extent, or an entity sanctioned by the United States government in response to Russia's invasion of
Ukraine. The Contractor also agrees to include the above certification in any and all Subcontracts
into which it enters. The Contractor shall immediately notify DSHS if, during the term of this
Contract, Contractor does not comply with this certification. DSHS may immediately terminate this
Contract by providing Contractor written notice if Contractor does not comply with this certification
during the term hereof.
6. Confidentiality.
a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
Contractor's performance of the services contemplated hereunder, except:
(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person or personal
representative of the person who is the subject of the Personal Information.
b. The Contractor shall protect and maintain all Confidential Information gained by reason of this
Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures, which include restricting access to the
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Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view the
Confidential Information.
(2) Physically Securing any computers, documents, or other media containing the Confidential
Information.
(3) Ensure the security of Confidential Information transmitted via fax (facsimile) by:
(a) Verifying the recipient phone number to prevent accidental transmittal of Confidential
Information to unauthorized persons.
(b) Communicating with the intended recipient before transmission to ensure that the fax will be
received only by an authorized person.
(c) Verifying after transmittal that the fax was received by the intended recipient.
(4) When transporting six (6) or more records containing Confidential Information, outside a
Secured Area, do one or more of the following as appropriate:
(a) Use a Trusted System.
(b) Encrypt the Confidential Information, including:
i. Encrypting email and/or email attachments which contain the Confidential Information.
ii. Encrypting Confidential Information when it is stored on portable devices or media,
including but not limited to laptop computers and flash memory devices.
Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this
item, 6.b.(4), is superseded by the language contained in the Exhibit.
(5) Send paper documents containing Confidential Information via a Trusted System.
(6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this
contract.
c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential
Information shall be returned to DSHS or Contractor shall certify in writing that they employed a
DSHS approved method to destroy the information. Contractor may obtain information regarding
approved destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents with Confidential Information may be recycled through a contracted firm, provided
the contract with the recycler specifies that the confidentiality of information will be protected, and
the information destroyed through the recycling process. Paper documents containing Confidential
Information requiring special handling (e.g. protected health information) must be destroyed on-site
through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
Confidential Information must be reported to the DSHS Contact designated on the contract within
one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
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DSHS General Terms and Conditions
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions (Debarred). The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
8. E -Signature and Records. An electronic signature or electronic record of this Contract or any other
ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed
copy of this Contract or such other ancillary agreement for all purposes.
9. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County.
10. Independent Contractor. The parties intend that an independent contractor relationship will be created
by this Contract. The Contractor and his or her employees or agents performing under this Contract are
not employees or agents of the Department. The Contractor, his or her employees, or agents
performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such officer or employee.
11. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located. These inspection rights are intended to allow DSHS and the Office of the State
Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable
laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract's termination or expiration.
12. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the
performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. All records and other material relevant to this
Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started
before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
13. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in
the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
14. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the
Contract remains valid and in full force and effect.
15. Survivability. The terms and conditions contained in this Contract or any Program Agreement which,
by their sense and context, are intended to survive the expiration or termination of the particular
agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations;
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Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records,
Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and
Treatment of Property.
16. Contract Renegotiation, Suspension, or Termination Due to Change in Funding.
If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced
or limited, or if additional or modified conditions are placed on such funding, after the effective date of
this contract but prior to the normal completion of this Contract or Program Agreement:
a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised
funding conditions.
b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS
determines that there is reasonable likelihood that the funding insufficiency may be resolved in a
timeframe that would allow Contractor's performance to be resumed prior to the normal completion
date of this contract.
(1) During the period of suspension of performance, each party will inform the other of any
conditions that may reasonably affect the potential for resumption of performance.
(2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written
notice to resume performance. Upon the receipt of this notice, Contractor will provide written
notice to DSHS informing DSHS whether it can resume performance and, if so, the date of
resumption. For purposes of this subsubsection, "written notice" may include email.
(3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date
cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor.
The parties agree that the Contract will be terminated retroactive to the date of the notice of
suspension. DSHS shall be liable only for payment in accordance with the terms of this
Contract for services rendered prior to the retroactive date of termination.
c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The
termination shall be effective on the date specified in the termination notice. DSHS shall be liable
only for payment in accordance with the terms of this Contract for services rendered prior to the
effective date of termination. No penalty shall accrue to DSHS in the event the termination option in
this section is exercised.
17. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and
conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or
condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions — Interlocal Agreements:
18. Disputes. Both DSHS and the Contractor ("Parties") agree to work in good faith to resolve all conflicts
at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve,
through direct informal contact, any dispute concerning the interpretation, application, or
implementation of any section of this Agreement, either Party may reduce its description of the dispute
in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or
designees of each Party will work to informally and amicably resolve the issue within five (5) business
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DSHS General Terms and Conditions
days. If managers or designees are unable to come to a mutually acceptable decision within five (5)
business days, they may agree to issue an extension to allow for more time.
If the dispute cannot be resolved by the managers or designees, the issue will be referred through each
Agency's respective operational protocols, to the Secretary of DSHS ("Secretary") and the Contractor's
Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be
responsible for submitting all relevant documentation, along with a short statement as to how they
believe the dispute should be settled, to the Secretary and Agency Head.
Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to
consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days.
The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the
resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually
acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for
more time.
The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If
the Agreement is active at the time of resolution, the Parties will execute an amendment or change
order to incorporate the final decision into the Agreement. The decision will be final and binding as to
the matter reviewed and the dispute shall be settled in accordance with the terms of the decision.
If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties
will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ
whatever dispute resolution methods that the governor deems appropriate in resolving the dispute.
Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without
delay to carry out all respective responsibilities under this Agreement that are not affected by the
dispute.
19. Hold Harmless.
a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability,
damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance
or failure to perform this Agreement, or the acts or omissions of the Contractor or any
Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all
claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to
perform this Agreement.
b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
20. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this
Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA,
Section 101. This material includes, but is not limited to: books; computer programs; documents; films;
pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material
which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned
by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use
this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be
limited to the extent which the Contractor has a right to grant such a license.
21. Subrecipients.
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a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and
this Agreement, the Contractor shall:
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, name of the federal agency, and name of the
pass-through entity;
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the
Contractor and its Subcontractors who are subrecipients;
(5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments
to 2 CFR Part 200, and any successor or replacement Office of Management and Budget
(OMB) Circular or regulation; and
(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 11 of the Americans with
Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination
Act of 1975, and The Department of Justice Non -Discrimination Regulations, 28 C.F.R. Part 42,
Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to
https:Hojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned
Federal laws and regulations.)
b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in
federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay
for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the DSHS contact person the data collection form and reporting package specified in
2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if applicable),
and a copy of any management letters issued by the auditor;
(2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part
200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all
audit findings included in the prior audit's schedule of findings and questioned costs.
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200.
22. Termination.
a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely
and proper manner, or if either party violates any of the terms and conditions contained in this
Agreement, then the aggrieved party will give the other party written notice of such failure or
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violation. The responsible party will be given 15 working days to correct the violation or failure. If
the failure or violation is not corrected, this Agreement may be terminated immediately by written
notice from the aggrieved party to the other party.
b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by
providing 30 calendar days' written notice to the other party.
c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall
only pay for performance rendered or costs incurred in accordance with the terms of this Agreement
and prior to the effective date of termination.
23. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client's personal property.
The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's
property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their
personal property that is appropriate to the client's age, development, and needs. Upon termination of
the Contract, the Contractor shall immediately release to the client and/or the client's guardian or
custodian all of the client's personal property.
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Special Terms and Conditions
Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract,
shall each have the following definitions:
a. "Authorized Designee" means an individual who is designated in writing by the person who is
identified in this Contract to provide an approval or direction, to act on such person's behalf with
regard to an approval or direction.
b. "Behavioral Health Administration" or "BHA" means the administration within DSHS that is
responsible for operating the state behavioral health facilities, including Olympic Heritage
Behavioral Health Facility.
c. "Contract Manager" means the individual identified as the DSHS Contact on page 1 of this Contract
and is responsible for overall contract management, monitoring Contractor performance, and
payment authorization. For purposes of this Contract, the term "Contract Manager' shall include an
Authorized Designee.
d. "Contractor" means the person or entity identified as the Contractor on page 1 of this Contract. As
used in this Contract, "Contractor" shall include "Contractor Personnel."
e. "Olympic Heritage Behavioral Health" or "OHBH" means a behavioral health facility located at
12844 Military Rd South, Tukwila, WA 98168.
f. "Patient" means a person admitted to the Olympic Heritage Behavioral Health Facility.
2. Purpose. The purpose of this Contract is to provide state funding to the City of Tukwila Police
Department to address the unique needs of OHBH in providing patrol and emergency police services
and emergency police protection (9-1-1), evidence preservation and incident investigation services
provided at OHBH and surrounding campus.
3. Patrol Services and Emergency Protection (9-1-1) Services. The Contractor shall provide the
services and staff, and otherwise do all things necessary for or incidental to the performance of work,
as set forth below:
a. All services provided by Contractor under this Agreement shall be performed by law enforcement
officers commissioned by the City of Tukwila Police Department and Mental Health Professionals
under contract with Tukwila Police Department.
b. The City of Tukwila Police Department shall provide patrol services and emergency police
protection (9-1-1), evidence preservation and incident investigation services at OHBH and adjacent
areas. Since the cost of these services is larger than the Maximum Agreement Amount, the intent of
this Agreement is to offset some of the costs incurred by the City of Tukwila Police Department for
the provision of such services.
4. Performance Reports. The City of Tukwila Police Department quarterly invoice shall also include a
quarterly performance report, invoice and performance reports shall be submitted to the OHBH
Contract Manager. The quarterly performance reports shall include the number of 9-1-1 calls
responded to, the type of incidents, and the services provided by the City of Tukwila Police Department.
5. Handling Confidential Data.
a. The City of Tukwila Police Department shall submit a copy of its evidence -handling procedures to
the OHBH Contract Manager and the Chief Safety and Security Officer upon execution of this
contract and shall submit any revisions that are adopted during the course of this contract.
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b. OHBH may disclose Confidential Information, including Protected Health Information (PHI) to City of
Tukwila law enforcement without a patient's signed HIPAA authorization in certain circumstances,
including:
(1) In response to a request for information from a law enforcement official or designated crisis
responder when necessary to carry out the responsibilities of that person's office, including the
investigation of alleged criminal conduct, to the extent permitted under chapter 70.02 RCW and
other applicable law.
(2) To a law enforcement official when that official is reasonably able to prevent or lessen a serious
and imminent threat to the health or safety of an individual or the public.
c. To a law enforcement agency, all necessary and relevant information in the event of a crisis or
emergent situation that poses a significant and imminent risk to the public.
d. When necessary for the protection of the Patient or others due to the Patient's unauthorized
disappearance from OHBH and the Patient's whereabouts are unknown, but the information must
be limited to basic demographic and health information about the person.
e. To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial
officer, or an administrative request from a law enforcement official (the administrative request must
include a written statement that the information requested is relevant and material, specific and
limited in scope, and that de -identified information cannot be used). Any court order or court-
ordered warrant, a subpoena or summons issued by a judicial officer for Patient protected health
information must comply with RCW 70.02.230.
To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial
officer, or an administrative request from a law enforcement official (the administrative request must
include a written statement that the information requested is relevant and material, specific and
limited in scope, and de -identified information cannot be used). Any court order or court-ordered
warrant, a subpoena or summons issued by a judicial officer for OHBH Patient protected health
information must comply with RCW 70.02.230.
g. When the City of Tukwila Police Department accesses, receives, or retains DSHS Confidential Data
or media, including protected health information as defined under the Health Insurance Portability
and Accountability Act (HIPAA), it must adhere to the following procedures:
(1) The City of Tukwila Police Department shall keep confidential all DSHS Confidential Data or
media copied, received, or retained in the course of investigations to the extent required by law
and City of Tukwila Police Department policies required by the Washington Uniform Health Care
Information Act (Chapter 70.02 RCW), and specifically 70.02.260 when applicable, and other
applicable laws.
(2) Pursuant to RCW 42.56.240(2), when a victim or witness in an incident occurring on the OHBH
campus indicates a desire for disclosure or non -disclosure, the City of Tukwila Police
Department will comply with that desire when producing public records, including police incident
reports.
(3) Upon receipt by City of Tukwila Police Department of a public records request that includes
DSHS Confidential Data, the City of Tukwila Police Department will notify the DSHS Contract
Manager, with a copy to the DSHS Public Records Officer at
dshsoublicdisclosurea-dshs.wa.gov within five (5) business days and before disclosing any
records. Notice provided by the City of Tukwila Police Department will include a copy of the
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records with proposed redactions. Disclosure of records and redactions shall meet the
standards in the Health Care Information Act, RCW 70.02, incorporated into the Public Records
Act under RCW 42.56.070(1) and in the HIPAA Privacy Rule in 45 CFR §164.502 to the extent
these provisions are applicable. If records are to be disclosed without authorization of the
patients identified in the records, when required by law the records will be redacted to remove
health care information recorded in any form or medium that identifies or can readily be
associated with the identity of a patient.
(4) Within fifteen (15) business days of receiving notice from the City of Tukwila Police Department,
DSHS will either (1) notify the City of Tukwila Police Department that DSHS disagrees with the
intended disclosure and obtain a court order prohibiting disclosure or (2) notify the City of
Tukwila Police Department that it does not intend to take any additional action to prevent
disclosure.
6. Consideration. Total consideration payable to Contractor for satisfactory performance of the work
under this Contract is up to a maximum of $213,090.00, including any and all expenses.
a. Payment is contingent on submission of quarterly report(s) as set forth in Section 4., above.
b. Payments shall be based on a fixed quarterly amount of $26,636.25.
c. Funding for this Agreement is 100% state funds.
7. Billing and Payment.
a. Invoice System. The Contractor shall submit invoices no later than fifteen (15) calendar days
following the month end in which services were provided. Consideration for services rendered shall
be payable upon receipt and acceptance by the DSHS Contract Manager of properly completed
invoices submitted not more often than monthly to the following email address:
CBS2OIympicBHA(a)dshs.wa.gov, with the DSHS Contract number and applicable Facility should
be identified on the subject line of the email.
Although emailing invoices is the preferred and faster method, should the Contractor not be able to
use email, the invoice may be mailed to the following address:
Department of Social and Health Services / Olympic Heritage
Consolidated Business Services (CBS) -Region 2
Attention: Accounts Payable
500 1St Avenue South, Suite 401
Seattle, WA 98104
The invoices shall describe and document to DSHS' satisfaction dates of service, associated fees,
description of services performed, any required reports and/or deliverables, identify of whom the
services were performed, and if applicable copies of completed time records. All rates shall be in
accordance with the Consideration as identified above.
b. Payment. Payment shall be considered timely if made by DSHS within thirty (30) days after receipt
and acceptance by DSHS of the properly completed invoices. Payment shall be sent to the address
designated by the Contractor on Page 1 of this Contract. DSHS may, at its sole discretion, withhold
payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply
with any term or condition of this Contract.
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c. Duplication of Payment. The Contractor shall ensure that work to be performed does not duplicate
work to be charged to the State of Washington under any other contract or agreement.
8. Communications. Any communications between the parties regarding the terms or activities
described in this Agreement shall be provided in writing and directed to the following individuals:
a. City of Tukwila CM
Brandon Miles
Phone: 206-731-9071
Email: brandon.miles(a)tukwilawa.gov
b. City of Tukwila (day-to-day operations)
PD Commander or Sergeant on duty for the day shall provide day-to-day operations.
Phone: 206-433-1808
c. OHBH Contract Manager:
Blessing Guillermo, Contracts Compliance Manager
Phone: 253-355-4813
Email: blessing. guillermo1(a)dshs.wa.gov
d. OHBH Liaison (day-to-day operations)
Ryan Shuman
Phone: 206-395-0550
Email: ryan.shuman1@dshs.wa.gov
With copy of legal notices to: bhacontracts@dshs.wa.gov
9. Insurance.
a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided
by RCW 4.92.130, and shall pay for losses for which it is found liable.
b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box
selected, and signing this Agreement, that:
❑ The Contractor is self-insured or insured through a risk pool and shall pay for losses
for which it is found liable; or
❑ The Contractor maintains the types and amounts of insurance identified below and
shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance
to that effect to the DSHS contact on page one of this Agreement.
Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage,
and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General
Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations,
independent contractors, products -completed operations, personal injury, advertising injury, and liability
assumed under an insured contract. The State of Washington, DSHS, its elected and appointed
officials, agents, and employees shall be named as additional insureds.
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10. Disputes. The Contractor may request resolution of a dispute in accordance with the following dispute
resolution process:
h. Contract disputes shall be resolved at the lowest organizational level possible in which the
Contractor shall submit a written request for resolution directly to the DSHS Contract Manager, as
applicable. The request must include the following information:
(1) Contractor's name, address, phone number.
(2) The DSHS contract number.
(3) Identification and description of the issue(s) in dispute.
(4) A statement describing Contractor's position on the issue in dispute, including any
documentation that supports this position.
The Contractor's request for dispute resolution must be mailed to the address listed on the front of
this contract within 10 days after Contractor could reasonably be expected to have knowledge of
the issue in dispute.
j. The respective DSHS Contract Manger shall review the dispute resolution request and issue a
written response to the Contractor within 30 days of receiving the written request.
k. Items not eligible for dispute include the amount of any rates set by law, regulation, or DSHS policy.
Except for those items of dispute that fall under Chapter 43.20.13.675 RCW, Revenue Recovery for the
Department of Health and Social Services, the dispute resolution process described above is the sole
administrative remedy available under this Contract.
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Exhibit A — Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing
Standards Publications for the encryption of electronic data issued by the National Institute of
Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdD.
b. "Authorized Users(s)" means an individual or individuals with a business need to access DSHS
Confidential Information, and who has or have been authorized to do so.
c. "Business Associate Agreement' means an agreement between DSHS and a contractor who is
receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability
and Accountability Act of 1996. The agreement establishes permitted and required uses and
disclosures of protected health information (PHI) in accordance with HIPAA requirements and
provides obligations for business associates to safeguard the information.
d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or
regulations that require especially strict protection of the data and from which especially serious
consequences may arise in the event of any compromise of such data. Data classified as Category
4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability
Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and
Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights
and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service
Publication 1075 (https://www.irs.gov/pub/irs-pdf/pl075.pdD; Substance Abuse and Mental Health
Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records,
42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20.
e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a
network outside the control of the Contractor. Physical storage of data in the cloud typically spans
multiple servers and often multiple locations. Cloud storage can be divided between consumer
grade storage for personal files and enterprise grade for companies and governmental entities.
Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other
entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace.
f. "Encrypt" means to encode Confidential Information into a format that can only be read by those
possessing a "key"; a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for
asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must
be used if available.
g. "FedRAMP" means the Federal Risk and Authorization Management Program (see
www.fedramp.gov), which is an assessment and authorization process that federal government
agencies have been directed to use to ensure security is in place when accessing Cloud computing
products and services.
h. "Hardened Password" means a string of at least eight characters containing at least three of the
following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special
characters such as an asterisk, ampersand, or exclamation point.
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"Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile
operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
"Multi -factor Authentication" means controlling access to computers and other IT resources by
requiring two or more pieces of evidence that the user is who they claim to be. These pieces of
evidence consist of something the user knows, such as a password or PIN; something the user has
such as a key card, smart card, or physical token; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a
series of numbers which act as a password for a device. Since PINS are typically only four to six
characters, PINS are usually used in conjunction with another factor of authentication, such as a
fingerprint.
k. "Portable Device" means any computing device with a small form factor, designed to be transported
from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but
are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable
Device.
"Portable Media" means any machine readable media that may routinely be stored or moved
independently of computing devices. Examples include magnetic tapes, optical discs (CDs or
DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
m. "Secure Area" means an area to which only authorized representatives of the entity possessing the
Confidential Information have access, and access is controlled through use of a key, card key,
combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or
locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access
to the Confidential Information is not available to unauthorized personnel. In otherwise Secure
Areas, such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non -authorized staff such as janitorial or facility security staff, when authorized
Contractor staff are not present to ensure that non -authorized staff cannot access it.
n. "Trusted Network" means a network operated and maintained by the Contractor, which includes
security controls sufficient to protect DSHS Data on that network. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and
switches, and other such mechanisms which protect the confidentiality, integrity, and availability of
the Data.
o. "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. Authority. The security requirements described in this document reflect the applicable requirements of
Standard 141.10 (https:Hocio.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/ffa/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.
3. 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
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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, 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, the Contractor
must have a documented risk assessment for the system(s) housing the Category 4 Data.
4. 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.
Have a process to periodically review and verify that only authorized users have access to systems
containing DSHS Confidential Information.
g. When accessing the Data from within the Contractor's network (the Data stays within the
Contractor's network at all times), enforce password and logon requirements for users within the
Contractor's network, including:
(1) A minimum length of 8 characters, and containing at least three of the following character
classes: uppercase letters, lowercase letters, numerals, and special characters such as an
asterisk, ampersand, or exclamation point.
(2) That a password does not contain a user's name, logon ID, or any form of their full name.
(3) That a password does not consist of a single dictionary word. A password may be formed as a
passphrase which consists of multiple dictionary words.
(4) That passwords are significantly different from the previous four passwords. Passwords that
increment by simply adding a number are not considered significantly different.
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:
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(1) Ensuring mitigations applied to the system don't allow end-user modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access. Examples would include
RADIUS 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.
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)
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
abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
5. 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
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authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as
long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above
paragraph. Destruction of the Data, as outlined below in Section 8 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.
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.
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(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:
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 8 Data Disposition.
(2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media,
etc.) as part of a Contractor's existing, documented backup process for business continuity or
disaster recovery purposes. If so, such media will be protected as otherwise described in this
exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data
will be destroyed at that time in accordance with the disposition requirements below in Section 8
Data Disposition.
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 attests 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 and/or DSHS.
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(f) The Data will not be downloaded to non -authorized systems, meaning systems that are not
on either the DSHS or Contractor networks.
(g) The Data will not be decrypted until downloaded onto a computer within the control of an
Authorized User and within either the DSHS or 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 Fed RAMP certified.
(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.
6. 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.
7. 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 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. And/or,
(2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder
dedicated to DSHS Data. And/or,
(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.
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Special Terms and Conditions
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.
8. Data Disposition. When the contracted work has been completed or when the Data is no longer
needed, except as noted above in Section 5.b, 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 Data at
least three (3) times using either random or single
Removable media (e.g. floppies, USB flash drives,
character data, or
portable hard disks) excluding optical discs
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 Information
On-site shredding, pulping, or incineration
requiring special handling (e.g. protected health
information
Optical discs (e.g. CDs or DVDs)
Incineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Magnetic tae
Degaussing, incinerating or crosscut shredding
9. 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.
10. 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.
DSHS Central Contracts & Legal Services
6015LF Custom Interlocal Agreement (5-11-18) Page 23