Department of Community and Human Services
See below for general requirements that apply to most of the department's contracts and the specific requirements for different areas of DCHS services.
However, specific requirements for each DCHS contract will be described in the boilerplate and exhibits of the actual contract negotiated between the agency and DCHS. The final contract as signed contains the language that the vendor will be bound by.
Below are the standard contracts, referred to as boilerplates, that are used to contract with agencies for services. Below is a brief description of each boilerplate and when it is used, as well as a link to the document.
Used when contracting with agencies for services in the amount of $10,000 or more.
Used for HHCDD pass through for city projects, capital projects and Housing Finance Program projects.
Used when contracting with agencies for services in the amount of $10,000 or more.
Used for HHCDD pass through for capital project, and Housing Finance Program projects.
Used for HHCDD pass through for city projects
Emergency Response Requirements
- The Contractor shall prepare and submit within three months of the execution of the Contract the necessary plans, procedures and protocols to:
- Respond to and recover from a natural disaster or major disruption to Contractor operations such as a work stoppage
- Continue operations during a prolonged event such as a pandemic.
- If the Contractor has contracted with the Department of Community and Human Services within the last 36 months, the Contractor shall submit an emergency response plan within one month of the execution of the Contract.
- The Contractor shall conduct exercises or drills to test the effectiveness of its plans at least once a year and document the results of the exercise or drill.
- The Contractor shall prepare the plans in a format approved by the County. The explanation of the format will include the specific content of the Contractor’s plans.
- The County will specify areas that must be addressed in the Contractor’s plan.
- The County may waive the requirements in subsections A, B, C or D. upon written request by the Contractor identifying compelling reasons why such requirements should not apply.
Nondiscrimination and Equal Employment Opportunity Requirements
The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section.
During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification.
B. Equal Employment Opportunity Efforts
The Contractor will undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age.
The Contractors equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships.
The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.J, “equal employment opportunity efforts” shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination.
C. Nondiscrimination in Provision of Employee Benefits
In accordance with King County Ordinance 14823, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners during the performance of this Contract.
Absent authorization for delayed or alternative compliance, failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach.When the contract is valued at $25,000 or more, by signing the Contract/Bid Submittal the Contractor is indicating compliance with this requirement or with the terms of an authorization for delayed or alternative compliance.
D. Nondiscrimination in Subcontracting Practices
During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services.
In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification.
E. Compliance with Laws and Regulations
The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination.
These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents.
F. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities
King County encourages the Contractor to utilize small businesses, including Small Contractors and Suppliers (SCS) and minority-owned and women-owned business enterprises certified by the Washington state Office of Minority and Women's Business Enterprises (OMWBE) in County contracts.
The County encourages the Contractor to promote open competitive opportunities for small businesses, including SCS firms and minority-owned and women-owned business enterprises. Program information is available at www.kingcounty.gov/bdcc.
G. ADA Compliance
Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the Americans with Disabilities Act of 1990 as amended (ADA). Pursuant to Title II of the ADA, and Section 504, King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors.
The Contractor agrees that it shall provide all programs, services, and activities to County employees or members of the public under this Contract in the same manner as King county is obligated to under Title II of the ADA, and Section 504 and shall not deny participation of the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for the immediate termination of, this Contract.
- The Contractor agrees to provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16; and
- The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their Contract or agreement with the County, the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16, that the Subcontractor shall not discriminate against persons with disabilities in providing the work under the Contract and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision.
H. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law.
Equity and Social Justice Requirements
In October 2010, the County adopted Ordinance 16948, establishing definitions and directing implementation steps to achieve the fair and just principle. Our fair and just ordinance requires that we intentionally consider equity and integrate it into our decisions and policies, our practices, and our methods for engaging all communities.
King County is committed to serving all residents, regardless of race, culture or disability, by promoting fairness and opportunity, eliminating inequities and working to remove barriers that limit an individual's’ or a community’s ability to fulfill their full potential. In order to effectively operate and provide services within a culturally responsive framework, an agency shall intentionally consider equity and integrate it into its values and principles, decisions and policies. King County expects agencies to incorporate the following components:
The agency evaluates and modifies (as warranted) the way in which it provides services, so that services are accessible (language, location, delivery style, facility environment, etc.) to populations whose modes of engagement are different than the majority population.
The agency conducts self-assessments, including obtaining input from culturally diverse populations (both client and non-client) and key stakeholders and uses this feedback in policy making, agency administration and service delivery. The agency also creates opportunities/ensures that its workforce engages in ongoing education regarding culturally and linguistically appropriate policies and practices.
For technical assistance in meeting this requirement, contact your contract monitor.
Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
A. Obligations and Activities of the Contractor
The Contractor agrees not to use or disclose protected health information other than as permitted or required by this Contract, HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates.
The Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible for compliance with the security provisions of HIPAA and HITECH to the same extent as the County.
Within two business days of the discovery of a breach as defined at 45 CFR § 164.402 the Contractor shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Contractor is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered in accordance with the terms of 45 CFR § 164.410. The information shall be updated promptly and provided to the County as requested by the County.
The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract or the law.
The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days of the Contractor knowledge of such event.
The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.
The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524.
The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526.
The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary of the U.S. Department of Health and Human Services, in a reasonable time and manner for purposes of the Secretary determining King County’s compliance with HIPAA, HITECH or this Contract.
The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c) (1) and 45 CFR §164.528, of disclosures of protected health information that have been made by the Contractor acting on behalf of the County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County.
To the extent the Contractor is to carry out one or more of the covered entity’s obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the requirements of Subpart E that apply to the County in the performance of such obligations.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the minimum necessary policies and procedures of King County.
C. Effect of Termination
Except as provided elsewhere in this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County, or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information.
In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information.
D. Reimbursement for Costs Incurred Due to Breach
Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor.
As defined and applicable in each specific programmatic exhibit, the Contractor shall submit electronically the following data reports in a format and method approved by the County. The reporting method may change (during 2019) to a standardized client level detail report that the contractor may be required to submit in a format approved by the County.
These reports shall be submitted by the tenth business day following the reporting period.
- The Contractor shall submit a Service-Activity Report with each invoice. This report states the number of the units of services provided by the Contractor as described in Section II., Program Requirements. This report may identify at a client level, what service each individual received in the reporting period – in a report format to be agreed upon between King County and the contractor.
- The Contractor shall submit the quarterly Client Profile Report for King County (client demographics) with the March, June, September, and December invoices. This report may identify at a client level, demographics of each individual served in the reporting period – in a report format to be agreed upon between King County and the contractor.
- The Contractor shall submit a semi-annual Human Services Outcome Report for each outcome listed in Section II.B., Outcome Indicators, with the June and December quarterly invoices. This report shall be provided in a format and method to be approved by the County, which may include client level detail on pre-determined outcomes.