Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CONSENT Jail bed rate DOC per diem
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: David Fortino DATE: August 18, 2025 SUBJECT: Department of Corrections Housing Contract Amendment#7 STATEMENT OF ISSUE: Housing agreement between Jefferson County Jail and the Washington State Department of Corrections for purposes of housing incarcerated individuals for DOC. This Seventh amendment to the contract increases the daily bed rate for which DOC is billed. ANALYSIS: The increases for this amendment period are $106.88 July 1 2025 - June 30 2026, and $112.22 July 1 2026— June 30 2027. This contract allows DOC incarcerated individuals to be housed locally and improved public safety by enhancing community supervision. FISCAL IMPACT: Current bed rate for housing an incarcerated individual at the Jefferson County Jail is $130.01 per diem, this agreement would partially offset those costs. RECOMMENDATION: Approve Contract Amendment - Department of Corrections Housing Contract Amendment#7 REVIEWED BY: CtilyeiDIZe91,74..6 T7ac Jo Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Department of Corrections Contract No: K9419-7 Contract For: Per Diem Billing of DOC Incarcerated Individuals Term: 2 year extension COUNTY DEPARTMENT: Jefferson County Sheriffs Office Contact Person: David Fortino Contact Phone: 360-344-9743 Contact email: dfortino@co iefierson wa us AMOUNT: NA PROCESS: .� Exempt from Bid Process Revenue: 106.88 per diem Cooperative Purchase Expenditure: N/A Competitive Sealed Bid Matching Funds Required: N/A _ Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # 001-180-000 RFP or RFQ Munis Org/Obj 001-180-000 ✓ Other: State Contract APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: re�J+�Q?� Signature ate STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: n ignature ` Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/6/2025. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/6/2025. Thank you for adding all prior amendments. State contract amendment No. 7 with standard terms. All prior amendments and original attached. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 STArr 04, 4 Washington State Contract No. K9419 s Department of Corrections Amendment No. 7 't 1889 This Amendment is made by the Washington State Department of Corrections,hereinafter referred to as "DOC" or "Department," and Jefferson County, hereinafter referred to as "County" or "Contractor,"for the purpose of amending the above-referenced Contract,heretofore entered into between Department and County. WHEREAS the purpose of this Amendment is to extend the term of the Contract and increase the per diem rate of compensation. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof,Department and Contractor agree as follows: 1. ARTICLE II,SECTION 2.1 TERM is hereby amended as follows: Section 2.1 Term. This Contract supersedes all previous oral and written contracts and agreements between the parties relating to the confinement, care, and treatment of Department Incarcerated Individuals. This Contract commences on January 1, ((2816)) 2011, and continues through June 30,((2023))2027,unless terminated by either party pursuant to this Contract. 2. ARTICLE II,SECTION 2.4 PER DIEM BILLING is hereby replaced with the following Section 2.4 Per Diem Billing. The per diem rate per Incarcerated Individual is identified in the table below. The County agrees to only bill the Department monthly for the actual bed days used by Department Incarcerated Individuals in the preceding month.The County also agrees that it will not bill the Department for any bed day that is the financial responsibility of any other jurisdiction, and that it will submit monthly itemized bills to the Department in an electronic spreadsheet format that includes the Incarcerated Individual's name,DOC number,date of birth and dates the Incarcerated Individual was held by the County under the Department's authority. If applicable, the County agrees to identify in the monthly bill any beds that are being counted toward the day-for-day exchange for any County boarder being held by the Department in a Department institution. Period Per Diem Rate Per Incarcerated Individual January 1,2011-December 31,2015 $69.50 January 1,2016-December 31,2016 $71.59 January 1,2017-December 31,2017 $73.74 January 1,2018-June 30,2019 $75.95 July 1,2019-June 30,2020 $79.75 July 1,2020-June 30,2021 83.73 July 1,2021-June 30,2022 $87.92 July 1,2022-Tune 30,2023 $92.32 J>�1,2023-June 30,2024 $96.94 July 1,2024-June 30,2025 $101.79 July 1,2025-June 30,2026 $106.88 July 1,2026-Tune 30,2027 $112.22 Washington State K9419(7) Page 1 of 2 Department of Corrections 25RAD Additions to this text are shown by underline and deletions by((strikeee4)). All other terms and conditions remain in full force and effect. The effective date of this amendment is July 01,2025. THIS CONTRACT AMENDMENT,consisting of two(2)pages,is executed by the persons signing below who warrant that they have the authority to execute the contract. JEFFERSON COUNTY DEPARTMENT OF CORRECTIONS Sheriff Date Daryl Huntsinger Date Contracts Administrator BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY,WASHINGTON Commissioner Date Commissioner Date Commissioner Date SEAL ATTEST: Clerk of the Board Date Approve t• ', only: ./ for 08/06/2025 'el Civil I-puty Prosecuting Attorney Date Approved as to Form:This Amendment format was approved by the office of the Attorney General Approval on file. Washington State K9419(7) Page 2 of 2 Department of Corrections 25RAD 4„ts.6 s Arp F. ; Washington State Contract No. K9419 74' _ r Department of Corrections Amendment No. 6 • ltle9 Thies Amendment is made by the Washington State Department of Corrections,hereinafter referred to as "DOC" or"Department,"and Jefferson County, hereinafter referred to as"Contractor," for the purpose of amending the above-referenced Contract,heretofore entered into between Department and Contractor. WHEREAS the purpose of this Amendment is to extend the term,update the per diem billing rate, add data sharing terms and conditions,and add language regarding the last day bed payment by updating the definition of"Offender day,"modifying related sections,and replacing Attachment C. A term is also replaced. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, Department and Contractor agree as follows: Replacement of Terms. All occurrences of the term"Offender"and "offender" in the Agreement shall be replaced with the term "Incarcerated Individual." All such replacements shall be applicable for the singular,plural,and possessive forms of the respective terms thereof. ARTICLE II,SECTION 2.1 is hereby amended as follows: Section 2.1 Term. This Agreement supersedes all previous oral and written contracts and agreements between the Parties relating to the confinement, care, and treatment of Department ((Offenders)) Incarcerated Individuals. This Contract commences on January 1, 2016, and continues through ((June 3�02,3)) June 30,2025, unless terminated by either Party pursuant to this Agreement. ARTICLE II,SECTION 2.4 is hereby amended,in part,as follows: Section 2.4 Per Diem Billing. [ . . . I Effective July 1,2022,to June 30,2023, the per diem rate will be$92.32. The per diem rate for luly 1,2023, to lune 30,2024,is$96.94,and the per diem rate for July 1,2024,to lune 30,2025, is$101.79.[ .. . ATTACHMENT D, DATA SHARING AND ACCESS TO INFORMATION TECHNOLOGY RESOURCES TERMS AND CONDITIONS,which is attached hereto and incorporated herein,is added and incorporated into the Contract as though fully set forth therein. EFFECTIVE JULY 1,2024: ARTICLE I,SECTION 1.13 is hereby amended as follows: Section 1.13 (( Washington State K9419(6) Page 1 of 3 Department of Corrections 24RAD )) Incarcerated Individual day - means any day a Department Incarcerated Individual is in the custody of the Contractor including the first and last day the Incarcerated Individual is sanctioned or held by the Department to a term of confinement to be served in the Facility. Section 1.13.1 An Incarcerated Individual day ends at midnight of the Incarcerated Individual's release from the Department's sanction, transferred to a Department institution, transferred to another Facility, released to the custody of the Department, or released to the community. Section 1.13.2 An Incarcerated Individual day shall not include any day that is by state law the financial responsibility of the Contractor or any other jurisdiction. EFFECTIVE JULY 1,2024: ARTICLE II,SECTION 2.4.2 is hereby amended as follows: Section 24.2 The Department's financial responsibilities under this Contract terminate ((wheff-the-DepapEnem--takes-eusteekref-the-glepaftniefft-effeRderr when-the .))at midnight on the day of the earliest occurring of the following: • Department takes custody of the Department Incarcerated Individual; • Department's sanction has been served;or • Department's hold or detainer is no longer valid. EFFECTIVE JULY 1,2024: ATTACHMENT C, JAIL BED REIMBURSEMENT FORM/ MEDICAL REIMBURSEMENT FORM is hereby replaced in its entirety by ATTACHMENT C-1, MEDICAL BILLING REIMBURSEMENT FORM/INCARCERATED INDIVIDUAL HOUSING INVOICE, which is attached hereto and incorporated by reference herein. Additions to this text are shown by underline and deletions by((strilkeout)). All other terms and conditions remain in full force and effect. The effective date of this amendment is July 01,2023. [Remainder of this page intentionally left blank. Signature page follows.' Washington State K9419(6) Page 2 of 3 Department of Corrections 24RAD Docusign Envelope ID 6E8BAE18-29BF-4CA1-8408-8A2FA1070DB6 THIS CONTRACT AMENDMENT, consisting of three(3)pages and two(21 attachments. is executed by the persons signing below who warrant that they have the authority to execute the contract JEFFERSON COUNTY DEPARTMENT OF CORRECTIONS DxoSprNd by: 7/Q Z,, ii.043;ner 7/12/2024 Daryl funtsinger [)ate Contract:Administrator BOARD OF COLNTi COMMISSIONERS J FERSON COUNTI,WASHINGTON Commiss )ner sire tr tit 7 A/ m er Excused Absence `Jttrrrrm RM4r.~M Commissioner �FF...... ,/ .(G•0MMrss�,•0 SEA 1 ,D V OZjmp.y�: ATTEST .'s�1/,••.......•••0v a� Syr SHING l! 6(I(G P tHrI``.5 A // Clerk rlOthe Board Date Approved asa/to form;Ink - V June 27 2024 ?hilrp C f lunsucker. fate Chief Civi' Deputy Prosecuting Attorney Approved as to Form: This Amendment tomcat was approved by the office of the Attorney General Approval on file W'e.r`r4...r"tar, 104 9(r, ATTACHMENT C-1 Effective July 1, 2024 MEDICAL BILLING REIMBURSEMENT FORM/INCARCERATED INDIVIDUAL HOUSING INVOICE (County/City/Tribal)Jail (Street Address) (Phone Number) Bill to: (Month)2015 Washington State Department of Correction Total Amount($00.00) P.O.Box 41 149 Olympia,WA 98504(360)725-8620 DOCViolatorbedbilling(DOCI.WA.GOV Daily Bed Day Rate:$65.00 Name DOC# DOB DOC start date DOC Endul'ransfer date Total#of billed[XX Total amount billed to Sanction/Continement for Sanction/Confinement Days DOC Doe,Jane 123456 1/15/89 7/19/15 7/21/15 3 $195.00 Smith Johnny 121212 2/26/62 — -- 7/8/15 7/20/I5 I3 $845.00 County Border Exchange Days: —— Jahnsen,Doe 5555555 10/31/92 8/1/IS 8/I/I5 1 $65.00 TOTAL 17 $1,10500 Last First DOC# Date of Date of 'Medical RX RX#or Name of Date and Name of Copy of Copy of off- Amount Amount Amount Name Name Birth Service Facility or quantity reason jail staff time of DOC approved site medical of copay paid by billed to RX name, or#of for contacting contact with medical non- provider paid by contractor DO( &strength days treatme DOC' medical staff formulary claim form Inca ere nt medical staff contacted request and/or rated staff attached,if Contractors' Individ available? original ual if Y,N or N/A pharmacy any bill attached as required? YIN Doe Jane 123456 1/15/89 7/20/15 Gabapentin 3 pills 1234561 Elmer 7/20/15, Tammy Y Y $1.00 $12.50 $11 50 30 MG Tab Phud 12:34 pm Williams Smith Johnny 121212 2/26/62 7/10/15 St Joseph's 7 days Chest Erin 7/10/15, Lisa Russell- N/A Y $- $2,500.00 S2.500.01) Hospital pain Rogers 2:40 am Tutty _ Jahnsen Doe 555555 10/31/92 8/I/15 Walla- 5 weeks Foreign Billie Goat 8/I/I5' Sarah N/A Pending $4.00 $5,000.00 $4,996.00 Walla object 4:10 pm Nichols General removal I lospital Washington State K9419(6) Page 1 of 1 Department of Corrections Attachment C-1 24RAD ATTACHMENT D DATA SHARING AND ACCESS TO INFORMATION TECHNOLOGY RESOURCES TERMS AND CONDITIONS 1. GENERAL 1.1 The purpose of the Data Sharing and Access to Information Technology Resources Terms and Conditions is to set forth the terms and conditions under which the Department of Corrections ("WADOC") will allow the restricted use of its confidential information to Jefferson County ("Requestor"),and under which Requestor may receive and use the confidential information. This Agreement further sets forth the terms and conditions under which WADOC will allow the restricted use of and access to its information technology(IT)resources("IT Resources")and under which Requestor may access and use those IT Resources. This Agreement ensures that confidential information and access to IT resources are provided, protected, and used only for purposes authorized by this Agreement and in accordance with state and federal law. 1.2 WADOC may provide Requestor with confidential information necessary for Requestor to perform the Agreement,including Protected Health Information of individuals under the jurisdiction of the Department. 1.3 The data to be shared under this Agreement may include Category 3 — Confidential Information and Category 4 —Confidential Information Requiring Special Handling,based upon classification categories developed by the Washington State Office of the Chief Information Officer(hereinafter referred to as "OCIO"). Data will be on an individual-level and non-aggregated, with personal identifiers. All data and information provided to Requestor by Department pursuant to this Agreement is hereinafter referred to as"WADOC Data." 2. USE OF DATA AND IT RESOURCES 2.1 Requestor and its employees, agents, volunteers, contractors, and subcontractors (collectively referred to herein as "Requestor")with access to WADOC Data and/or IT Resources shall access and use such data and/or resources only for the purposes set forth in this Agreement. This Agreement does not constitute a release of WADOC Data and/or IT Resources for Requestor's discretionary use. WADOC Data and IT Resources may be accessed only to carry out the responsibilities specified herein. Any ad hoc analyses or other use of WADOC Data or IT Resources not specified in this Agreement is not permitted without the prior written agreement of WADOC. 2.2 Requestor shall comply with the policies, standards, and guidelines of the OCIO;WADOC Policy 280.310 - Information Technology Security; WADOC Policy 280.515 - Data Classification and Sharing;the terms and conditions set forth in this Agreement;and all applicable state and federal laws in its treatment of WADOC Data and IT Resources. 2.3 Neither the state of Washington nor WADOC guarantee or warrant the accuracy, timeliness, or completeness of WADOC Data. Requestor understands and assumes all risks and liabilities of use and misuse of WADOC Data or IT Resources by Requestor. Washington State K9419(6) Page 1 of 12 Department of Corrections Attachment D 24RAD 2.4 Requestor shall not use,transfer,sell,or otherwise disclose WADOC Data gained by reason of this Agreement for any purpose that is not directly connected with the purpose, justification, and permitted uses of this Agreement,except as provided by law or with the prior written consent of WADOC and the individual or personal representative of the individual who is the subject of the WADOC Data,if any. 2.5 (Omitted.) 2.5.1 (Omitted.) 2.5.2 (Omitted.) 2.5.3 (Omitted.) 2.6 Requestor is not authorized to update or change any WADOC Data,and any updates or changes to WADOC Data shall be cause for immediate termination of this Agreement. 2.7 PUBLICATION OF WADOC DATA. 2.7.1 Any and all reports utilizing or derived from WADOC Data shall be subject to review by WADOC prior to publication or presentation. Requestor shall provide all draft materials to WADOC for review of usability, data sensitivity, data accuracy, completeness, and consistency with WADOC standards at least twenty (20) working days prior to the presentation or publication of any report utilizing or derived from WADOC Data. 2.7.2 Requestor shall include the following statement with any publication utilizing or derived from WADOC Data: "This material utilizes confidential information from the Washington State Department of Corrections (WADOC). Any views expressed here are those of the author(s) and do not necessarily represent those of the WADOC or other data contributors. Any errors are attributable to the author(s)." 2.8 Any data that is derived from WADOC Data or which could not have been produced but for the use of WADOC Data shall be considered WADOC Data and is subject to the terms and conditions set forth in this Agreement. 2.9 The requirements in this section shall survive the termination or expiration of this Agreement or any subsequent agreement intended to supersede this Agreement. 3. DATA SECURITY 3.1 PROTECTION OF DATA. All electronic data provided by WADOC shall be stored on an encrypted hard drive in a secure environment with access limited to the fewest number of staff needed to complete the purpose of this Agreement. 3.1.1 Workstation hard disk drives. Data stored on local workstation hard disks shall be encrypted with a FIPS approved cryptographic algorithm. Access will be restricted to Washington State K9419(6) Page 2 of 12 Department of Corrections Attachment D 24RAD authorized users by requiring logon to the local workstation using a unique user ID and complex password or other authentication mechanisms that provide equal or greater security,such as biometrics or smart cards. 3.1.2 Network server disks. Data stored on hard disks mounted on network servers and made available through shared folders shall be encrypted with a FIPS approved cryptographic algorithm. Access to the data will be restricted to authorized users through the use of access control lists which will grant access only after the authorized user has authenticated to the network using a unique user ID and complex 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. Backup copies must be encrypted if recorded to removable media. 3.1.3 Optical discs (e.g., CDs, DVDs, Blu-Rays) in local workstation optical disc drives. Data provided by WADOC on optical discs that will be used in local workstation optical disc drives and will not be transported out of a secure area shall be encrypted with a FIPS approved cryptographic algorithm. When not in use, 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 WADOC Data on optical discs must be located in an area accessible only to authorized individuals, with access controlled though use of key, card key, combination lock,or comparable mechanism. 3.1.4 Optical discs(e.g.,CDs,DVDs,Blu-Rays)in drives or other devices attached to a network. Data provided by WADOC on optical discs that will be used in drives or other devices attached to a network shall be encrypted with a FIPS approved cryptographic algorithm. 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 complex password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. The optical discs must be located in an area accessible only to authorized individuals,with access controlled through use of a key, card key, combination lock, or comparable mechanism. 3.1.5 Paper documents. Any paper records must be protected by storing the records in a secure area accessible only to authorized individuals. 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. 3.1.6 Portable Devices. Within this Agreement,portable devices include,but are not limited to handhelds/PDAs,Ultramobile PCs,flash memory devices(e.g.,USB flash drives,personal media players), portable hard disks, and laptop/notebook computers. Portable media includes,but is not limited to optical media(e.g.,CD's,DVD's,Blu-Rays),magnetic media (e.g., floppy disks, Zip or Jaz disks or drives), and flash media (e.g., Compact Flash, SD Card,MMC). Washington State K9419(6) Page 3 of 12 Department of Corrections Attachment D 24RAD • Requestor shall not store WADOC Data on portable devices or portable media unless specifically authorized within this Agreement. If so authorized, the Requestor shall: • Encrypt the data with a FIN approved cryptographic algorithm. • Control access to devices with a unique user ID and password or stronger authentication method such as a physical token or biometrics. • Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is twenty(20)minutes. • Physically protect the portable device(s)and/or media by keeping them in locked storage when unused;using check-in/check-out procedures when device or other media is being shared; taking frequent inventories of media, and access to media by users. • When being transported outside of a secure area,portable devices and media with confidential WADOC Data must be under the physical control of Requestor's staff with authorization to access the data. 3.1.7 Backup Data Storage 3.1.7.1 WADOC Data may be stored on Portable Devices that meet the requirements for such storage as part of Requestor'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 normal backup operations. If backup media is retired while WADOC Data still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements of this Agreement. 3.1.7.2 Data may be stored on non-portable media (e.g., Storage Area Network drives, virtual media, etc.) that meet the requirements for such storage as part of a Requestor's existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this Agreement. If this media is retired while WADOC Data still exists upon it, the WADOC Data will be destroyed at that time in accordance with the disposition requirements of this Agreement. 3.1.8 Cloud Storage. WADOC Data requires protections equal to or greater than those specified in this agreement.Cloud storage of WADOC Data is problematic as neither DOC nor the Requestor has control of the environment in which the WADOC Data is stored. For this reason: 3.1.8.1 WADOC Data will not be stored in any consumer grade Cloud solution,unless all of the following conditions are met: Washington State K9419(6) Page 4 of 12 Department of Corrections Attachment D 24RAD (1) Requestor has written procedures in place and governing the use of Cloud storage and Requestor attests in writing that all such procedures will be uniformly followed. (2) WADOC Data will be Encrypted while within the Requestor's network. (3) WADOC Data will remain Encrypted during transmission to the Cloud. (4) WADOC Data will remain Encrypted at all times while residing within the Cloud storage solution. (5) Requestor will possess a decryption key for the WADOC Data and the decryption key will be possessed only by Requestor and/or DOC. (6) WADOC Data will not be downloaded to non-authorized systems, meaning systems that are not on either the DOC network or Requestor's network. (7) WADOC Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DOC's network or Requestor's network. 3.1.8.2 WADOC Data will not be stored on an Enterprise Cloud storage solution unless either: (1) The Cloud storage provider is treated as any other subcontractor and agrees in writing to all the requirements within this Attachment;or (2) The cloud storage solution used is FedRAMP certified. 3.1.8.3 If WADOC 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 storing WADOC Data in their Cloud solution. 3.1.8.4 Definitions. The words and phrases used in this provision shall have the following definitions: (1) "Business Associate Agreement"means an agreement between DOC 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. (2) "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 Washington State K9419(6) Page 5 of 12 Department of Corrections Attachment D 24RAD 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. (3) "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. (4) "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. 3.2 SYSTEM PROTECTION. To prevent the compromise of systems that contain WADOC Data or through which WADOC passes: 3.2.1 Systems containing WADOC Data must have all security patches or hotfixes applied within three(3)months after such patches or hotfixes are made available. 3.2.2 Requestor must have a process to ensure that the requisite patches and hotfixes have been identified and applied within the required timeframe. 3.2.3 Systems containing WADOC Data shall have anti-malware application installed, if such an application is available. 3.2.4 Anti-malware software shall be kept up to date. The product,anti-virus engine,and any malware database used will be no more than one (1) update behind the most current version. 3.2.5 Requestor's patch management process must meet or exceed the then-current standards promulgated by the National Institute of Standards and Technology(NIST),which may be found at the time of drafting in NIST Special Publication 800-40. 3.2.6 The system architecture must provide continuous monitoring of both internal and external activity for anomalies and identify, report, and defend against security intrusions before data is compromised. 3.2.7 Requestor shall conduct penetration tests at least once every twenty-four (24) months, system vulnerability assessments at least monthly, and application vulnerability assessments prior to the production release of any changes to source code. Washington State K9419(6) Page 6 of 12 Department of Corrections Attachment D 24RAD 3.2.8 Requester's application/system development practices must be consistent with those promulgated by NIST for low to moderate impact systems, which may be found in NIST SP 800.64 at the time of drafting. 3.2.9 Requestor warrants that its application/system does not contain any of the Open Web Application Security Project's top ten(10)vulnerabilities. 3.2.10 Requestor has a practice of systematic collection, monitoring, alerting, maintenance, retention, and disposal of security event logs and application audit trails. Logs and audit trails are written to an area inaccessible to system users and are protected from editing. At a minimum, the logs and audit trails must provide historical details on all transactions within the system that are necessary to reconstruct activities,including,but not limited to, recording the type of event,date, time, account identification,and machine identifiers for each logged transaction. Audit and log files can be analyzed by type in order to find emerging issues or trends. Requestor s system must trigger immediate notification to appropriate system administrators for severe incidents. Logs must be secured against unauthorized changes. Logs must be retained for at least six(6)months. 3.3 SAFEGUARDS AGAINST UNAUTHORIZED USE AND RE-DISCLOSURE OF DATA. Requestor shall exercise due care to protect all data from unauthorized physical and electronic access. Both parties shall establish and implement the following minimum physical,electronic,and managerial safeguards for maintaining the confidentiality of information provided by either party pursuant to this Agreement: 3.3.1 Access to information provided by WADOC will be restricted to only those authorized staff, officials,and agents of the parties who need it to perform their official duties in the performance of the work requiring access to the information as detailed in this Agreement and/or contract which this Agreement concerns. 3.3.2 Requestor will store the information in an area that is safe from access by unauthorized persons during work hours as well as non-work hours,or when otherwise not in use. 3.3.3 Requestor will design,implement and maintain an information security program designed to meet at least an industry standard ability to protect the information in a manner that prevents unauthorized persons from retrieving the information by means of computer, remote terminal,or other means. 3.3.4 Requestor shall take precautions to ensure that only authorized personnel and agents are given access to files containing confidential or sensitive data. 3.3.5 Requestor shall take due care and reasonable precautions to protect WADOC Data from unauthorized physical and electronic access. 3.3.6 Both parties shall meet or exceed the requirements set forth in the OCIO's policies and standards for data security and access controls to ensure the confidentiality, availability, and integrity of all data accessed. Washington State K9419(6) Page 7 of 12 Department of Corrections Attachment D 24RAD 4. DATA SEGREGATION 4.1. WADOC Data provided pursuant to this Agreement must be segregated or otherwise distinguishable from non-WADOC Data. This requirement ensures that all WADOC Data can be identified for return or destruction upon expiration,termination,or completion of work under this Agreement. It also aids in determining whether WADOC Data has or may have been compromised in the event of a security breach. 4.2. METHODS OF DATA SEGREGATION. 4.2.1 Electronic Media. If WADOC Data is stored on electronic media(e.g., hard disk, optical disc,magnetic tape): 4.2.1.1 Such electronic media shall contain only WADOC Data;or 4.2.1.2 WADOC Data shall be stored in a partition or folder or other logical container dedicated to WADOC Data; 4.2.2 Database. If WADOC Data is stored in a database: 4.2.2.1 Such database shall contain only WADOC Data;or 4.2.2.2 WADOC Data shall be distinguishable from non-WADOC Data by the value of a specified field or fields within database records. 4.3 Paper Documents. If WADOC Data is stored as physical paper documents, such documents shall be physically segregated from non-WADOC Data and secured in a drawer,folder,or other container,with access limited to only authorized individuals. 4.3 When it is not feasible or practical to segregate WADOC Data from non-WADOC Data using the methods set forth above, then both the WADOC Data and the non-WADOC Data with which it is commingled must be protected as described for WADOC Data in this Agreement. 5. DATA CONFIDENTIALITY 5.1 Requestor acknowledges the personal or confidential nature of the information and agrees that all employees,agents, volunteers,contractors, and subcontractors with access to WADOC Data, and third parties with whom WADOC Data is shared, shall comply with all laws, regulations, and policies that apply to protection of the confidentiality of the WADOC Data. Requestor is responsible for ensuring all such employees, agents, volunteers, contractors, subcontractors, and third parties are aware of and abide by the data use and security provisions set forth in this Agreement and any amendments, attachments, or exhibits hereto. Requestor is responsible for timely providing the Department with duly executed Statements of Confidentiality and Non- Disclosure and Certifications of Data Disposition for all such employees, agents, volunteers, contractors,subcontractors,and third parties. Requestor acknowledges that the failure to meet the requirements set forth in this section is,at WADOC's discretion,cause for termination. 5.2 (Omitted.) Washington State K9419(6) Page 8 of 12 Department of Corrections Attachment D 24RAD 5.2.1 (Omitted.) 5.2.2 (Omitted.) 5.3 PENALTIES FOR UNAUTHORIZED DISCLOSURE OF INFORMATION. In the event Requestor fails to comply with any material term of this Agreement, WADOC shall have the right to take any and all actions to remedy such failure and its effects that WADOC,in its sole discretion,deems reasonable under the circumstances. Any costs,fees,or expenses,including legal costs,incurred by WADOC as a result of Requestor's failure to comply with the terms of this Agreement shall be recoverable from Requestor. The exercise of remedies pursuant to this paragraph shall be in addition to all sanctions provided by law and to legal remedies available to parties injured by unauthorized disclosure. 6. INCIDENT NOTIFICATION AND RESPONSE 6.1 The compromise or potential compromise of WADOC Data that may be a breach that requires notice to affected individuals under RCW 42.56.590, RCW 19.255.010, or any other applicable breach notification law or rule must be reported to the WADOC Contract Manager and WADOC Chief Information Security Officer in writing within one(1)business day of discovery. 6.2 If Requestor does not have full details about the incident,it will report what information it has and provide full details as soon as possible but no later than ten (10)business days after the date of discovery. To the extent possible,these initial reports must include at least: 6.2.1 The nature of the unauthorized use or disclosure,including a brief description of the event of unauthorized use or disclosure,the date of the event,and the date of discovery. 6.2.2 A description of the types of information involved. 6.2.3 The investigative and remedial actions Requestor or its subcontractor took or will take to prevent and mitigate harmful effects and protect against recurrence. 6.2.4 Any details necessary for a determination of whether the incident is a breach that requires notification under RCW 19.255.010, RCW 42.56.590, or any other applicable breach notification law or rule. 6.2.5 Any other information WADOC reasonably requests. 6.3 As soon as reasonably practicable, Requestor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or WADOC. 6.4 If, in the sole judgment of WADOC, notifications to individuals must be made, Requestor will further cooperate and facilitate notification to required parties, which may include notification to affected individuals, the media, the Attorney General's Office, or other authorities based on applicable law. Washington State K9419(6) Page 9 of 12 Department of Corrections Attachment D 24RAD At WADOC's discretion,Requestor may be required to directly fulfill notification requirements,or if WADOC elects to perform the notifications, Requestor must reimburse WADOC for all associated costs. 6.5 Requestor is responsible for all costs incurred in connection with a security incident, privacy breach,or potential compromise of WADOC Data,including,but not limited to: 6.5.1 Computer forensics assistance to assess the impact of a data breach,determine root cause, and help determine whether and the extent to which notification must be provided to comply with breach notification laws. 6.5.2 Notification and call center services for individuals affected by a security incident or privacy breach, including fraud prevention, credit monitoring, and identity theft assistance. 6.5.3 Regulatory defense, fines, and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security laws or regulations. 6.6 Requestor's obligations regarding incident notification survive the termination of this Agreement and continue for as long as Requestor maintains WADOC Data and for any breach or potential breach,at any time. 7. DISPOSITION OF DATA 7.1 TIME OF DISPOSAL. Requestor shall immediately dispose of WADOC Data upon: (a) the expiration of the Agreement;(b)the termination of the Agreement;(c)the completion of work that required the data; and (d) one(1) year from the date the WADOC Data was made available to Requestor. 7.2 METHOD OF DISPOSAL. At WADOC's option, the disposal required in this section may be accomplished by the destruction of WADOC Data, the return of WADOC Data to WADOC, or a combination of both. Requestor shall perform all other actions WADOC determines necessary to protect WADOC Data. If WADOC does not specify a preferred method of disposal, Requestor shall destroy the WADOC Data. 7.3 (Omitted.) 7.4 METHODS OF DESTRUCTION. 7.4.1 Paper Documents. 7.4.1.1 Paper documents containing Category 3 data may be recycled by a contracted recycling firm, provided that the contract ensures the confidentiality of the data will be protected. Such documents may also be destroyed by on-site shredding, pulping,or incineration. 7.4.1.2 Paper documents containing Category 4 data shall be destroyed by on-site shredding, pulping,or incineration. Washington State K9419(6) Page 10 of 12 Department of Corrections Attachment D 24RAD 7.4.2 Optical Discs. Optical discs containing Category 3 or Category 4 data shall be destroyed by on-site incineration,shredding,or complete defacement of the readable surface with a coarse abrasive. 7.4.3 Magnetic Tapes. Magnetic tapes containing Category 3 or Category 4 data shall be destroyed by incineration,crosscut shredding,or degaussing. 7.4.4 Server and Workstation Hard Drives. Category 3 and Category 4 data stored on server and workstation hard drives,and other similar media,shall be destroyed by a data erasure or sanitation utility that overwrites the data at least three(3)times using either random or single character data, the degaussing of the hard drive or media sufficient to ensure that the data cannot be retrieved or reconstructed, or the complete physical destruction of the hard drive or media such that the content cannot be retrieved or reconstructed. 7.4.5 Portable Media. Category 3 and Category 4 data stored on portable media shall be destroyed by a data erasure or sanitation utility that overwrites the data at least three(3) times using either random or single character data, the complete degaussing of the portable media sufficient to ensure that the data cannot be retrieved or reconstructed, or the complete physical destruction of the portable media such that the content cannot be retrieved or reconstructed. 7.4.6 The requirements of this section shall survive the termination or expiration of this Agreement and any subsequent agreement intended to supersede this Agreement. 8. OFF-SHORE PROHIBITION 8.1 Requestor must maintain all hardcopies containing WADOC Data in the United States. 8.2 Requestor may not directly or indirectly(including through subcontractors)transport or maintain any WADOC Data,hardcopy or electronic,outside the United States unless it has advance written approval from the Department. 9. ON-SITE OVERSIGHT AND RECORDS MAINTENANCE During the term of this Agreement, WADOC may, during normal business hours and upon reasonable written notice, audit, monitor, and review Requestor's activities and processes relevant to its obligations under this Agreement to ensure compliance therewith, within the limits of Requestor's technical capabilities. Requestor agrees to provide WADOC access to information, materials, and equipment necessary to audit, monitor, and review Requestor's activities and processes. Requestor shall cooperate with WADOC in the performance of any such audit, monitor, or review of Requestor's activities and processes. Both parties hereto shall retain all records,books,and documents related to this Agreement for six(6)years, except for data disposed of in accordance with this Agreement. The Office of the State Auditor, federal auditors,and any persons duly authorized by the parties shall have full access to and the right to examine any of these materials during the term of this Agreement. Washington State K9419(6) Page 11 of 12 Department of Corrections Attachment D 24RAD 10. RIGHTS IN DATA Unless otherwise provided herein, this Agreement will not be construed to effect any transfer of right or license to the embodiments of the WADOC's Data,except to the limited extent necessary to carry out the responsibilities specified in the Agreement. Washington State K9419(6) Page 12 of 12 Department of Corrections Attachment D 24RAD F Co_tif.1i/s Wendy Housekeeper god.°�� �oG GExecutive Assistant �� :. �' 1820 Jefferson Street m "< rA PO Box 1220 � Port Townsend, \VA 98368 PIING Date: :?Af2.4./ 9, — Contract with: CJi1 a C �'rl- � e lO� Contract for: e9 4—I ! — ei4 Enclosed for signature are original documents, referenced above,which were approved by the Jefferson County Board of Commissioners. Please sign and return one original copy to: Jefferson County Commissioner's Office Attention: Wendy Housekeeper P.O. Box 1220 Port Townsend, WA 98368 Please return by: I 1 Insurance Certificate required: YES NO rxi If you are unable to remit by the return date,please contact(360)385-9100 or email at housekeeper a co.jefferson.wa.us Best regards, j /. _ tie,•.41) Wendy o keeper Executi - ' sistant Phone(360) 385-9384 whousekeeperrco.jefferson.wa.us JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley,County Administrator FROM: David Fortino DATE: Ju� 8', Zo 2 / SUBJECT: Department of Corrections Housing Contract Amendment#6 STATEMENT OF ISSUE: Housing agreement between Jefferson County Jail and the Washington State Department of Corrections for purposes of housing incarcerated individuals for DOC. This sixth amendment to the contract increases the daily bed rate for which DOC is billed. ANALYSIS: The increases for this amendment period are$96.94 per diem for July 1, 2023 -June 30,2024, and$101.79 per diem for July 1, 2024 -June 30, 2025. This contract allows DOC incarcerated individuals to be housed locally and improved public safety by enhancing community supervision. FISCAL IMPACT: Current bed rate for housing an incarcerated individual at the Jefferson County Jail is$130.01 per diem,this agreement would partially offset those costs. RECOMMENDATION: Approve Contract Amendment- Department of Corrections Housing Contract Amendment#6 REVIEWED BY: 0/Z-,1 -49 : Mark McCaul County Administrator Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: State of Washington Department of Corrections K9419-6 (Name of Contractor/Consultant) Contract No. COUNTY DEPARTMENT: Contact Person: David Fortino Contact Phone: 360-344-9743 Contact email: dfortino(a.co.iefferson.wa.us AMOUNT: NA PROCESS: Exempt from Bid Process Revenue: 96.94 per diem Cooperative Purchase Expenditure: ` Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s)of Matching Funds Vendor List Bid _ RFP or RFQ X Other: State Contract APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: © N/A: David Fortino Ra z',°Qz a„o. 6/25/2024 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: 0 N/A: El David Fortino o°., S,z 6/25/2024 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/27/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/27/2024. State Contract -- cannot change. Contract Amendment. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL `\`.1. TArQ.et,. State of Washington Contract No. K9419p Department of Corrections Amendment No. 5 rH `y.. This Arn endmentt is made by the Washington State Department of Corrections,hereinafter referred to as"Department",and Jefferson County,hereinafter referred to as"Contractor",for the purpose of amending the above-referenced Contract, heretofore entered into between the Department and Contractor. WHEREAS the purpose of this Amendment is to extend the term and change per diem rate. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof,the Department and Contractor agree as follows: Section 2.1 Term is amended,in part,as follows: This Contract commences on January 1,2016,and continues through((J*ly 31,2021))June 30, 2023,unless terminated by either party pursuant to this Contract. Section 2.4 Per Diem Billing is amended,in part,as follows: The per diem rate is$71.59 per Department offender until December 31,2016. Effective January 1,2017, the per diem rate will be$73.74. Effective January 1,2018,the per diem rate will be$75.95. Beginning July 1,2019 to June 30,2020,the per diem bed rate will be$79.75. Effective July 1,2020 to June 30,2021,the per diem bed rate will be$83.73. Effective July 1,2021 to(0.04."-3.1))Iune 30,2022,the per diem bed rate will be $87.92. Effective July 1,2022 to lune 30,2023,the per diem rate will be$92.32. Additions to this text are shown by underline and deletions by((stcikeei 4)). All other terms and conditions remain in full force and effect. The effective date of this Amendment is July 1,2021. THIS AMENDMENT, consisting of two (2)pages is executed by the persons signing below who warrant that they have the authority to execute this Amendment. JEFFERSON COUNTY DEPARTMENT OF CORRECTIONS Digitally signed by Huntsinger, Huntsinger,Daryl A.(DOC) Daryl A. (DOC) 08'00'022.01.10 16:4229 f 2/af/'?QZI gnature Dat Signature Date heriff Joe Nole Daryl Huntsinger Jefferson County Sheriff's Office Contracts Administrator State of Washington K9419(5) Page 1 of 2 Department of Corrections 21LL BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY,WASHINGTON Ka ean,Commissioner Date 113 2Z Heidi isen our,Commissioner Date 01.402. Greg Broth ton,Commissioner Date l SEAL ATTEST:_ Ced(a , Carolyn Gallaway,Clerk of the Board Date Approved as to form only: C December 9,2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Approved as to Form:This Amendment format was approved by the office of the Attorney General. Approval on file. State of Washington K9419(5) Page 2 of 2 Department of Corrections 21LL 2 or; so 1,,4 J/c,/i,7 d 0;7 State of Washington Contract No. K9419 P De artment of Corrections Amendment No. 4 1["h s AirnendIIRent is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and Jefferson County, hereinafter referred to as the Contractor, for the purpose of amending the above-referenced Contract,heretofore entered into between the Department and the Contractor WHEREAS the purpose of this Contract Amendment is to extend the period of performance and amend the bed rate to reflect a 5%increase per contract year. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department and Contractor agree that: The following sections are amended,in part,as follows: Section 2.1 Term. This Agreement supersedes all previous oral and written contracts and agreements between the Parties relating to the confinement, care, and treatment of Department Offenders. This Agreement commences on January 1, 2016, and continues through ((per 31 244-8))July 31,2021,unless terminated by either Party pursuant to this Agreement. Section 2.4 Per Diem Billing. The per diem rate is $71.59 per Department offender until December 31, 2016((7))_(e)Effective January 1, 2017, the per diem rate will be$73.74 (h)). ((and)) (e)Effective January 1, 2018, the per diem will be$75.95. Beginning July 1,2019 to June 30,2020, the per diem bed rate will be$79.75. Effective July 1,2020 to Tune 30,2021 the per diem bed rate will be$83.73. Effective July 1,2021 to July 31,2021 the per diem bed rate with be$87.92. Additions to this text are shown by underline and deletions by ((c}Fii)). All other terms and conditions remain in full force and effect. The effective date of this Amendment is July 1,2019- THIS CONTRACT AMENDMENT, consisting of two (2) pages, is executed by the persons signing • below who warrant that they have the authority to execute the Contract. State of Washington K9419(4) Page 1 of 2 Department of Corrections 198361 • JEFFERSON COUNTY SHERIFF'S OFFICE STATE OF WASHINGTON DEPA MENT OF CORRECTIONS By: / 2!i By: yy/o Joe le,Sheri A Deb isen,Contracts Administrator DATE BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY,WASHINGTON By: /210 /9 Kate an, DA By: l2 /(, /y David Sul ivan, of uissioner ATE By: 274A Greg ro erton Ggmmissioner D TE SEAL ' ) ATTEST: . 61,(714/4 1116',9 Carolyn lloway a DATE Deputy Clerk of the Board Approved as to form only: 4 Phili C.ITunsucker P DATE Chief Civil Deputy Prosecuting Attorney Approved as to Form: This Amendment format was approved by the office of the Attorney General. Approval on file. State of Washington Department of Corrections K9419(4) Page 2 of 2 198361 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: David Fortino DATE: December lb, 2019 SUBJECT: DOC Housing Contract Amend#4 STATEMENT OF ISSUE: Housing agreement between Jefferson County Jail and the Washington State Department of Corrections for purposes of housing DOC offenders. This fourth amendment to the contract increases the daily bed rate for which DOC is billed. ANALYSIS: The increase in bed rate is set by the state legislative authority and is capped at 5% increase per year. This increase is in line with those limits and the original contract established with DOC. This contract allows DOC offenders to be housed locally and improved public safety by enhancing community supervision. FISCAL IMPACT: N/A RECOMMENDATION: It is recommended that the board approves this contract amendment. REVIEWF�D BY: 1 liji Morle ou Admin' ator Date CONTRACT REVIEW FORM CONTRACT WITH: Washington State Department of Corrections TRACKING NO.: K9419 ,�A, otk (Contractor/Consultant) CONTRACT FOR: P'Housing of Department Offenders TERM: 1/1/2016-7/31/2021 COUNTY DEPARTMENT: Jefferson County Sheriffs office For More Information Contact: David Fortino °EC 04 Mg Contact Phone #: (306)344-9743 RETURN TO: David Fortino RETURN BY: 12/16/2019 (Person in Department) (Date) AMOUNT: PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue ❑ Cooperative Purchase Expenditure 0 El Competitive Sealed Bid Matching funds Required 0 El Small Works Roster Source(s)of Matching Funds N/A ❑ Vendor List Bid ❑ RFP or RFQ CI Other Step 1: REVIEW BY T Revi Date Revi-v�.. APPROVED FORM ❑ Returned for revision(See Comments) Comments Step 2: REVIEW BY P OSEC TING ATTORNEY Review by: - C. Philip C. Hunsucker Date Reviewed: /'t-- Chief Civil Deputy Prosecuting Attorney ID• IPPROVED AS TO FORD ❑ Returned for revision(See Comments) Comments �/1GL/jar-e �ivl /z/`,y Step 3: (If required)DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) ogAteigmt- )oiri �cc . htd. . INTERAGENCY CONTRACT PURPOSE This Contract is entered into by Jefferson County(hereinafter Contractor) and the Department of Corrections(hereinafter Department or DOC) for the purpose of maximizing the efficient and cost effective use of existing resources and to provide adequate facilities and programs for the confinement, care, and treatment of Department offenders in accord with the provisions of RCW 39.34 and RCW 72.68.040. The Department and the Contractor specifically find this Contract is necessary and desirable in order to provide adequate confinement,housing and care to the Department offenders transferred to and detained by the Contractor pursuant to RCW 9.94A.631. In consideration of the promises, payments,covenants and agreements contained in this Contract, the parties agree as follows: Article I DEFINITIONS Section 1.1 Contractor-means Jefferson County and its employees, licensed practitioners, contractors,vendors,and volunteers. Section 1.2 Contractor inmate-means any resident of the Facility who is not a Department offender. Section 1.3 Department or DOC-means the Department of Corrections of the state of Washington;any division,section,office,unit or other entity of the Department;or any of the officers or other officials lawfully representing the Department. Section 1.4 Department offender-means any offender under the Department's jurisdiction. Section 1.5 DOC Utilization Management Office-means the Department's medical contact that receives, reviews, and approves Contractor's non-Formulary and extraordinary medical care requests to provide necessary medical care to Department offenders.The Nurse Desk is available telephonically 24 hours a day, 7 days a week at 360-725-8733 and during normal business hours via email at NurseDesk@DOCl.wa.gov. Section 1.6 Extraordinary medical care- means medically necessary medical, psychiatric or dental care that is not commonly available through the Facility's health services and incurs additional cost. This may include, but is not limited to,extraordinary medications such as immunosuppressive drugs, and hepatitis C treatment and HIV medications. Section 1.7 Facility-means the Contractor's non-Department operated correctional facility used for the total confinement of Department offenders and Contractor inmates. State of Washington K9419(3) Page 1 of 25 Department of Corrections 158362 Section 1.8 Formulary-means the Department Pharmaceutical Management and Formulary Manual.The Formulary can be viewed at: http://doc.wa.gov/business/healthcareproviders/default.asp Section 1.8.1 Formulary medication(s)-means the medication(s) medically necessary according to the Offender Health Plan. Section 1.8.2 Restricted Formulary medication(s)means the medication(s)is medically necessary but the use is restricted to cases where there has been a documented failure of a Formulary medication(s)or to certain populations or disease states. Section 1.8.3 Non-Formulary medication(s)—means the medication(s)is not a part of the Formulary. Non-Formulary medication(s)is not generally prescribed in the Department. Section 1.9 In-Facility care-means medical,mental health and dental care provided as part of the per diem to include all over-the-counter medication,which is any medication that does not require a prescription, and routine medical supplies,routine medical/psychiatric/dental care, regular health screenings, and emergent medical treatment provided on-site at the Facility that is undistinguishable from services provided to Contractor inmates. Section 1.10 Licensed practitioner-means any licensed health care practitioner performing services within the person's authorized scope of practice following RCW Title 18. Section 1.11 Medicaid—means Title XIX of the Social Security Act enacted by the social security amendments of 1965(42 U.S.C.Sec. 1396;79 Stat.343),as amended. Section 1.12 Medically necessary care-means medical care that meets one or more of the following criteria for a given patient at a given time: Section 1.12.1 Is essential to life or preservation of limb,OR Section 1.12.2 Reduces intractable pain,OR Section 1.12.3 Prevents significant deterioration of activities of daily living OR Section 1.12.4 Is of proven value to significantly reduce the risk of one of the three outcomes above(e.g. certain immunizations),OR Section 1.12.5 Immediate intervention is not medically necessary,but delay of care would make future care or intervention for intractable pain or preservation of activities of daily living,significantly more dangerous,complicated,or significantly less likely to succeed,OR Section 1.12.6 Reduces severe psychiatric symptoms to a degree that permits engagement in programming that advances correctional interests,OR Section 1.12.7 Is described as part of a Departmental policy or health care protocol or guideline and delivered according to such policy, protocol,or guideline,OR Section 1.12.8 From a public health perspective, is necessary for the health and safety of a State of Washington K9419(3) Page 2 of 25 Department of Corrections 158362 community of individuals and is medically appropriate,but may not be medically necessary for the individual(for example,treatment for head lice); Section 1.12.9 Not considered experimental or to be lacking in medically recognized professional documentation of efficacy;and, Section 1.12.10 Not administered solely for the convenience of the offender or the health care provider. Section 1.13 Offender day-means any day a Department offender is in the custody of the Contractor, including the first day the offender is enters the Facility to serve a Department sanction of a term of confinement to be served in the Facility. An Offender day does not include the day when the Department offender leaves the custody of the Contractor due to release to the community, transfer to a Department institution, transfer to another Facility,or release to the custody of the Department.An offender day ends at midnight. Section 1.14 Offender Health Plan-means the Department's Offender Health Plan(OHP) that describes the medically necessary medical,mental health, and dental services available to Department offenders, as well as the services that are limited or not available.The OHP is not a contract or a guarantee of services to Department offenders.The OHP can be reviewed at http://doc.wa.gov/family/Offenderlife/docs/OffenderHealthPlan.pdf. Section 1.15 Pre-authorization procedure-means the procedure by which the Contractor must contact the Department's Nurse Desk at the Department's Utilization Management Office to obtain the Department's authorization prior to providing to Department offenders the extraordinary medically necessary care or care beyond what is normally provided to Contractor's inmates, or prior to using restricted Formulary or non-Formulary medication(s)on Department offenders. Section 1.16 Per diem rate-means the amount per day per Department offender that the Contractor will be reimbursed by the Department for all in-Facility care, including but not limited to all medical,mental health, dental, food, clothing and housing which are the same or similar that is provided to Contractor inmates. Section 1.17 Secretary-means the Secretary of the Department and delegates authorized in writing to act on the Secretary's behalf. Article II TERM OF THE CONTRACT/PAYMENT Section 2.1 Term. This Contract supersedes all previous oral and written contracts and agreements between the parties relating to the confinement,care, and treatment of Department offenders.This Contract commences on January 1, 2016,and continues through December 31, 2018, unless terminated by either party pursuant to this Contract. Section 2.2 Termination. This Contract may be terminated by either party, without cause, State of Washington K9419(3) Page 3 of 25 Department of Corrections 158362 upon sixty(60)days written notice to the other party.Not later than 60 days after the receipt or delivery of a termination notice, the Department agrees to take physical custody of Department offenders confined at the Facility pursuant to this Contract. However, if the Department offender is held pursuant to RCW 9.94A.631, the Contractor may not require the Department to move the Department offender.Additionally,if this contract is terminated and Department offenders remain detained pursuant to RCW 9.94A.631, then the Department's per diem will revert to the OFM established rate. The Contractor and the Department agree to waive the written notice requirement if either party in its sole discretion, determines there is an immediate threat to public safety,health,or welfare that requires contract termination. In such cases,both parties agree to provide verbal and written notice of the termination as soon as possible. Section 2.3 Termination Due to Non-Appropriation of Funds. The terms of this Contract are contingent upon sufficient appropriations by the Washington State Legislature to the Department to pay sums pursuant to this Contract. If the Legislature does not allocate sufficient appropriations,this Contract shall terminate immediately without penalty and without the sixty(60)day notice period.The Department is responsible for the services provided to Department offenders prior to termination and removal of Department offenders, as prescribed by law. Section 2.4 Per Diem Billing.The per diem rate is$71.59 per Department offender until December 31,2016,effective January 1,2017, the per deim rate will be$73.74, and effective January 1, 2018, the per deim will be$75.95. The Contractor agrees to only bill the Department monthly for the actual bed days used by Department offenders in the preceding month. The Contractor also agrees that it will not bill the Department for any bed day that is the financial responsibility of any other jurisdiction,and that it will submit monthly itemized bills to the Department in an electronic spreadsheet format that includes the offender's name,DOC number, date of birth, and dates the offender was held by the Contractor under the Department's authority. If applicable,the Contractor agrees to identify in the monthly bill, any beds that are being counted toward the day-for-day exchange for any Contractor boarder being held by the Department in a Department institution. Section 2.4.1 The Contractor agrees to run all sanctions imposed by the Department consecutively to all other sanctions and/or sentences imposed by any other jurisdiction,unless a court order requires them to run concurrently. Section 2.4.2 The Department's financial responsibilities under this Contract terminate when the Department takes custody of the Department offender,when the Department's sanction has been served, or when the Department's hold or detainer is no longer valid, whichever is earlier. State of Washington K9419(3) Page 4 of 25 Department of Corrections 158362 Article III RESPONSIBILITIES Section 3.1 Target Population. Department offenders transferred to the Contractor will be primarily,but not exclusively, those who are in violation of community supervision requirements or who are awaiting a hearing on alleged violations, parenting sentencing alternative violators, and work release violators. Section 3.2 Offender Housing,Confinement and Sanction time. The Contractor agrees to take into custody,confine and supervise Department offenders in the Facility pursuant to this Contract. Department offenders may be integrated with the Contractor's inmate population,as allowed by law, regulation, and ordinance. Placement of Department offenders in the Facility following this Contract may occur at any time after the beginning of the term of this Contract, pursuant to this contract. However, in the absence of a contract, if a community corrections officer arrests or causes the arrest of an offender pursuant to RCW 9.94A.631, the offender shall be taken into custody, confined and detained and shall not be released from custody except upon approval pursuant to a written order by authorized Department staff. Section 3.2.1 Each party agrees that Department offenders shall serve any Department imposed sanction time consecutive to all other sentences and to non-DOC confinement,pursuant to RCW 9.94A.171(3),RCW 9.94A.589(2)(a) and RCW 9.94A.505(6), unless a Court of competent jurisdiction orders otherwise. In the event this occurs, the Contractor agrees to provide the Department with a copy of the Court's order. Section 3.2.2 Each party agrees to notify the other in writing any time the Department's jurisdiction has been tolled,or should be tolled by non-DOC confinement pursuant to RCW 9.94A.171(3),RCW 9.94A.589(2)(a)or RCW 9.94A.505(6). Section 3.2.3 The Contractor agrees that the Department shall not be financially responsible for any Department offender during the period the Department offender is serving consecutive non-DOC confinement. Section 3.3 Transportation of Department Offenders Section 3.3.1 The Department agrees to provide or arrange for transportation of Department offenders to and from the Facility except when the transportation is determined by Facility staff to be necessary to secure an emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Facility, in which case the Contractor shall provide the transportation. State of Washington K9419(3) Page 5 of 25 Department of Corrections 158362 • Section 3.3.2 The Contractor agrees to provide transportation, if the Contractor has transportation,to and from designated sites on its regularly scheduled trips and to assist, when possible,in the transportation of Department offenders to and from other facilities in surrounding counties, including placing Department offenders on the Contractor's transportation during regularly scheduled trips. Section 3.3.3 The Department agrees to reimburse the Contractor for all reasonable costs incurred by the Contractor for its transports of Department offenders in response to a request by the Department, unless the Department offender is transported by the Contractor during the Contractor's regularly scheduled trip. See Attachment A. Section 3.3.4 The Department shall be responsible for the transportation of Department offenders to and from Department institutions.The Department agrees to provide the Contractor a minimum of 24 hours written notice prior to transporting a Department offender from the Facility. Nothing in this section precludes the Contractor from waiving the 24 hour written notice requirement. Section 3.4 Return of Department Offenders to the Department. Section 3.4.1 Return of Department offenders to Department. The Department may demand that a Department offender be returned to Department custody at any time. The return will be at the Department's expense unless the Department offender is transported by the Contractor during a Contractor's regularly scheduled trip to the scheduled destination. Section 3.4.2 Contractor's Return of Department offenders. The Contractor may request to return a Department offender to the Department's custody at any time for documented behavioral or medical/mental health problems that the Contractor is unable to manage. The Department agrees to accept custody as soon as possible,but not later than seven days after receiving the Contractor's request. If the Contractor requests the Department offender's return,and the Department cannot meet the Contractor's timeframe, then the Contractor may transport the offender to the nearest Department designated location. Section 3.4.3 Court's Return of Department Offenders.If a Court of competent jurisdiction orders a Department offender to be returned to the Department, then the Department agrees that it will accept custody as soon as possible,but no later than seven days after receiving notice. The Department shall be responsible for the Department offender's transportation to the nearest suitable Department designated location,unless the offender can be transported by the Contractor during the Contractor's regularly-scheduled trip. Section 3.5 Return of Department Offender to the Community. Prior to releasing a Department offender to the community, the Contractor agrees to complete a national"Wants State of Washington K9419(3) Page 6 of 25 Department of Corrections 158362 T ' and Warrants" check as indicted below,and to notify the Department and any interested jurisdiction of the Department offender's pending release.The notification shall occur at least seven business days prior to a Department offender's release to the community due to the Department offender's completion of a sanction or sentence. In extenuating circumstances, the notification may occur less than seven business days prior to release,but in no event may it occur later than 24 hours prior to release.The Department offender may be released to the community when the Department's sanction has been served, or when the Department's hold or detainer is no longer valid.See Attachment A. Section 3.6 Jurisdiction. Department offenders placed in the Contractor's custody are under the Department's jurisdiction.However, upon the Department offender's placement at the Facility, the Department authorizes the Contractor to assume custody.The Department agrees to provide the Contractor with documentation of the Contractor's authority to detain the offender. Section 3.7 Public Records.Both parties agree to comply with Washington State's Public Records Act, RCW 42.56.040 through 42.56.570(act).The act requires each party to make available for inspection and copying nonexempt"public records." A"public record" includes any"writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned,used,or retained"by the party in accord with RCW 42.56.070(1). Section 3.8 Medical Care. It is the intent of the parties that Department offenders in the Contractor's custody receive safe,appropriate and cost-effective medical care consistent with the Department's Offender Health Plan and Attachment B. Section 3.8.1 Contractor Responsibilities. 3.8.1.1 The Contractor agrees to provide Department offenders in the Facility care equivalent to the care provided to Contractor inmates. The Contractor agrees to provide Department offenders 24-hour access to emergency medical care. The Contractor agrees to provide the most cost-effective,medically appropriate method of transportation and security for all Department offenders taken out of the Facility, to in- county emergent and non-emergent medical appointments.The Contractor may require Department offenders to pay co-pay fees for medications. 3.8.1.2 The Contractor agrees to follow the Department's pre-authorization procedure through the Department's Utilization Management Office for all extraordinary medically necessary care provided to Department offenders and for all health care provided to Department offenders beyond what is normally provided to Contractor's inmates,and for the use of restricted Formulary and non-Formulary medication(s) for State of Washington K9419(3) Page 7 of 25 Department of Corrections 158362 Department offenders.The use of Formulary medications requires no pre-authorization for use, provided the criteria listed in the Formulary are met. 3.8.1.3 ONLY the Department's Nurse Desk can authorize the transfer of a Department offender from the Facility for medical reasons. 3.8.1.4 In an emergency, when pre-authorization is not feasible, the Contractor agrees to notify the Department, as soon as possible,but not later than four hours after transporting a Department offender to the nearest emergency room or other medical facility and before any hospital admission.The Contractor agrees to be financially responsible for all health care provided to Department offenders that is not pre-authorized unless it is both emergent and medically necessary. 3.8.1.5 Following the OHP and consistent with RCW 70.48.130(2), the Department does not consider experimental or elective procedures to be medically necessary.The Department will not reimburse for elective or experimental medical procedures.The Department will not be responsible for the payment of or for medical care required as a result of any tort committed by the Contractor,or its employees,or by its agents, contractors,vendors,or volunteers in the course of their providing services to Department offenders, or for care which could have foreseeably been prevented. 3.8.1.6 The Contractor agrees to be financially responsible for all unauthorized, non-emergent and non-medically necessary health care provided to Department offenders. 3.8.1.7 The Contractor agrees to be financially responsible for any medical costs incurred due to the negligent action or inaction of Contractor's employees. 3.8.1.8 Extraordinary medical care costs may be billed to the Department only if pre-authorized by the Department. Section 3.8.2 Department Responsibilities. 3.8.2.1 The Department agrees to be financially responsible for pre-authorized extraordinary medical care provided by the Contractor to Department offenders that is consistent with this Contract,the OHP and the Formulary. State of Washington K9419(3) Page 8 of 25 Department of Corrections 158362 3.8.2.2 If the Department offender is under the exclusive jurisdiction of the Department, then the Department may authorize medically necessary care.However, if it is later determined that another jurisdiction(s)or entity is financially responsible;then the Department may decline to pay for part or all of the costs associated with the medically necessary care. 3.8.2.3 The Department agrees to reimburse the Contractor for emergency medical costs incurred by a Department offender under the conditions of this Contract. Emergency medical care costs may include a facility fee, physician services, labs and x-rays.The Department is not obligated to reimburse the Contractor for medical care or treatment provided to a Department offender without the Department's pre-authorization in a nonemergency,or without the notice required by paragraph 3.8.1.4 in emergency situations. 3.8.2.4 The Department may,at its option, request that the Contractor return a Department offender to the Department's custody for medical reasons. The Department's medical financial responsibilities under this Contract terminate when the Department takes custody of the offender,when the Department's sanction has been served,or when the Department's hold or detainer is no longer valid, whichever is earlier. 3.8.2.5 The Department at its sole discretion may provide Department offenders prescription medications,or reimburse the Contractor for prescription medications that the Contractor provides, as long as the Contractor- provided prescription medications are consistent with the Offender Health Plan and the Formulary. Restricted Formulary and non- Formulary medications must be pre-authorized by the Department's Utilization Management Office. See Attachment B. Section 3.8.3 Safe Transfer of Care. 3.8.3.1 HIPAA—Both parties agree to follow the Health Insurance Portability and Accountability Act of 1996(HIPAA). HIPPA protects the privacy of individually identifiable protected health information. It allows the exchange of this information between the Department and the Contractor for the purpose of billing and payment.This allows the Contractor to provide the Department with information documenting the Contractor's treatment activities so that the Contractor can receive reimbursement under this Contract for costs of health care provided to Department offenders.See CFR 45§ 164.506. HIPPA also clarifies the standard for use and disclosure for correctional institutions and other law enforcement custodial situations in CFR 45§164.512. State of Washington K9419(3) Page 9 of 25 Department of Corrections 158362 3.8.3.2 The Contractor agrees to consult with a registered nurse at the receiving facility and/or the Department's Utilization Management Office prior to transferring a Department offender for medical reasons. "Transferring," as used in this section,includes moving the Department offender into the Contractor's medical unit within the Facility. 3.8.3.3 The Contractor also agrees to consult telephonically with the medical staff at any facility receiving the Department offender and agrees to transport, with the Department offender, any applicable medical records,current care instructions, and all appropriately labeled medications.The medical record shall at a minimum include the Department offender's name,DOC number,date of birth, any known allergies,current medication list,and description of current medical problem(s), the Facility medical care previously provided, and the Facility medical staff contact information. 3.8.3.4 The Department agrees to transport, with the Department offender, any applicable medical records,current care instructions, and all appropriately labeled medications.The medical record shall at a minimum include the Department offender's name, DOC number,date of birth, any known allergies, current medication list and description of current medical problem(s), the Facility medical care previously provided,and the Department's institutional medical staff contact information. Section 3.8.4 Medical Care Utilization Review.The Contractor agrees to allow the Department and its agents to conduct concurrent and retrospective utilization audits and reviews of any and all medical services provided to Department offenders.The Contractor agrees that any and all of its medical service contracts will include authorization for the Department's concurrent and retrospective utilization audits and reviews of any and all medical services provided to Department offenders. Section 3.8.5 Medical Billing.Contractor costs incurred for a Department offender's medical care not included in the per deim will be reimbursed by the Department consistent with this Contract and Attachment B. The Contractor agrees to electronically send itemized monthly bills to the Department at: DOCHOMedicalRAB@DOC1.WA.GOV. The itemized reimbursement claims must contain the Department offender's name and DOC number and attached supporting documentation of the service provided that includes the date(s)of service, the name of the practitioner who ordered the service,details of the service/item(s) provided, the prescriptions(s)provided, the facility(s) that provided the service(s), and a copy of any health care claims paid to off-site providers. State of Washington K9419(3) Page 10 of 25 Department of Corrections 158362 The Contractor agrees to submit itemized billing statements electronically to the Department for reimbursement and data collection purposes. If billings received do not contain the detailed information or supporting documents required, they will be returned to the Contractor and not processed. The Contractor agrees to submit itemized bills for medical services no later than six months after the date of service. If medical or pharmaceutical bills are received 365 days or more after the date of service,the Department may decline to reimburse the Contractor for those bills. Section 3.9 Notification of Release Date. The Department agrees to calculate a Department offender's release date and to notify the Contractor, in writing,of the Department offender's release date from a Department imposed sanction. The Contractor will not release a Department offender unless the Department's sanction has been served,or when the Department's hold or detainer is no longer valid. Section 3.10 Contract Coordinator. Each party agrees to identify a coordinator who is responsible for administering the Contract on behalf of that party. Should the coordinator be absent for an extended period of time,the coordinator shall arrange for, and notify the other party in writing of,the alternate contact person during the coordinator's absence. The DOC Contract Coordinator's contact information is provided in Attachment A. Section 3.11 Facility Space for Violation Hearings and Reviews.The Contractor agrees to provide Department staff and officers suitable facilities for conducting Department offender hearings and reviews Monday through Friday during normal business hours and at other times upon written notice. The Contractor will provide a room with sufficient confidential space to safely and efficiently conduct Department offender hearings and reviews.Sufficient space means that the room provided will allow all participants to hear the proceedings and must be of a size sufficient to accommodate at least three sitting people and must be equipped with overhead lighting, at least one electrical power/outlet,a desk, three chairs, and a working telephone with a line able to call local and long distance telephone numbers outside the Facility. Where possible the Contractor agrees to provide a means for contacting the Contractor during the hearing. If a "panic button" or other method is not available, the Contractor agrees to ensure Department offenders remain restrained during Department hearings and reviews. Section 3.12 Inspections. The Contractor agrees to allow the Department and its agents to inspect and audit the Facility(s)with or without advance notice. The inspection/audit may include,but is not limited to: reviewing holding and detaining facilities, expense reports,and - Department offender medical records and interviewing Department offenders. State of Washington K9419(3) Page 11 of 25 Department of Corrections 158362 Section 3.13 Offender Programs. Department offenders will have the same access to programs provided to Contractor inmates housed in the Facility. Should the Department elect to provide additional programs for Department offenders at the Department's expense, the Contractor agrees to provide workspace to conduct those programs,provided that such space is available and not being used by the Contractor. Section 3.14 Orientation. Upon a Department offender's arrival at the Facility,the Contractor agrees to fingerprint,conduct an NCIC check and provide an orientation for the Department offender in the same manner as for a Contractor inmate. This orientation must include the Facility's: 1) requirements for work;2)Facility rules and disciplinary procedures;3)medical care availability;and 4)visitation rules. The Department will advise Department offenders of the requirement to follow the rules of the Facility. Section 3.15 Clothing. Section 3.15.1 Clothing and bedding for Department offenders will be provided and maintained in accordance with the Facility's policies. Section 3.15.2 The Contractor agrees to provide work clothing and equipment appropriate to a Department offender's assignment to the same extent as provided to Contractor inmates. Section 3.15.3 The Contractor agrees to furnish Department offenders with climate appropriate outerwear to the same extent as provided to Contractor inmates. Section 3.15.4 Department offenders will be released in the clothing in which they arrived or in Department-provided apparel. Section 3.16 Transferable Items. Each party agrees to provide the other with a list of allowable items that may be transferred with a Department offender. Section 3.17 Compensation for Work. The Contractor agrees to provide Department offenders who participate in Contractor employment the same reimbursement, if any, as provided to Contractor inmates performing similar work. Section 3.18 Discipline. The Contractor may discipline Department offenders in accordance with the Contractor's rules and disciplinary procedures.The Contractor agrees to notify the Department as soon as possible but not later than 72 hours after disciplining a Department offender or after a referral for criminal charges. In such cases,the Department reserves the right to determine if the Department offender's misconduct should also be addressed through the Department's violation and hearing processes. State of Washington K9419(3) Page 12 of 25 Department of Corrections 158362 • The Contractor reserves the right to refer a Department offender's misconduct for new criminal charges and the right to move Department offenders to more secure housing within the Facility consistent with the Contractor's policies, procedures and prudent facility management practices. The Contractor may require the Department to retake custody of any Department offender whose behavior requires segregated or protective housing pursuant to this Contract. The Department may request a Department offender be returned to the Department if the Department offender's behavior or health requires segregated or protective housing pursuant to this Contract. Section 3.19 Facility Operations. The Contractor agrees to manage Department offenders consistent with the management of Contractor inmates and in accordance with the law. The Contractor agrees to maintain staffing levels at the Facility in sufficient numbers and rank to maintain the safety of the public, staff,Contractor inmates,and Department offenders and to reasonably carry out the provisions of this Contract. Section 3.20 Religious Opportunity. The Contractor agrees to provide Department offenders the same space and opportunity for religious services as provided to Contractor inmates. Section 3.21 Telephone. The Contractor agrees to provide Department offenders access to telephone services consistent with telephone services provided to Contractor inmates. Section 3.22 Commissary and Mail. The Contractor agrees to provide Department offenders commissary and mail services consistent with commissary and mail services provided to Contractor inmates. Section 3.23 Offender Funds. The Contractor agrees to administer Department offender funds consistent with the fund administration provided to Contractor inmates. If,by mutual Contract, the Contractor agrees to house Department offenders who are non-violators, the Contractor then agrees to administer Department offender funds to include the appropriate accounting process to accommodate statutorily mandated deductions. Section 3.24 Visitation. The Contractor agrees to provide Department offenders visitation opportunities consistent with those that are provided to Contractor inmates. Section 3.25 Grievance Procedures. The Contractor agrees to handle initial Department offender grievances consistent with Contractor inmate grievance procedures. The Department agrees to handle appeals or additional reviews of Department offender grievances at the request of the Contractor. Section 3.26 Access to Courts. Contractor agrees to provide Department offenders in Contractor's custody under this Contract meaningful access to the courts through: (a) the use of court appointed attorneys to satisfy their Sixth Amendment right to counsel, (b) access to contracted attorneys provided by the Department, and/or(c) access to legal resource materials at the Facility. The Contractor also agrees to provide Department offenders opportunity to State of Washington K9419(3) Page 13 of 25 Department of Corrections 158362 access legal materials at the Facility or to access the Department offender's attorney in accordance with security and operating needs and consistent with access granted to Contractor inmates. Section 3.27 Death of an Offender. The Contractor agrees to immediately notify the Contract Coordinator by phone of any Department offender's death.See Attachment A.The Contractor also agrees that the Department offender's death shall be reviewed by the coroner of the local jurisdiction pursuant Contractor's policies and procedures. The Contractor also agrees to provide the Department certified copies of the Department offender's death certificate, autopsy report,file and medical records. Section 3.28 Escape of an Offender. The Contractor agrees to immediately notify the Contract Coordinator by phone if a Department offender escapes. See Attachment A. The Contractor also agrees to immediately notify all local law enforcement agencies. Section 3.29 Non-Department Holds. The Contractor agrees to immediately notify the Department of all non-Department holds if and when non-Department holds are placed on Department offenders or when non-Department holds are closed or removed from Department offenders as detailed in Attachment A. 3.29.1 The Contractor agrees to not transfer Department offenders to another confinement facility pursuant to a non-Department hold until the Department's sanction has been served,or the Department's hold or detainer is no longer valid. 3.29.2 The Contractor agrees not to transfer Department offenders detained in the Facility to another confinement facility or Department institution pursuant to a non- Department hold unless the Contractor has first obtained authorization from the Violator Desk, the after-business Duty Officer,or the Contract Coordinator as detailed in Attachment A. 3.29.3 The Department will not be financially responsible for any per diem or medical costs accrued during time spent pursuant to a non-Department hold,other than costs accrued during a sanction imposed by the Department. Article IV CONTRACTOR EMPLOYEES Section 4.1 Independent Contractor. Each party agrees to perform its duties hereunder as an independent contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the Department. Neither the Department nor any agent or employee of the Department shall be deemed to be an agent or employee of the Contractor. The Contractor agrees to pay, when due, all required employment taxes and income tax withholding including all Federal and State income tax and local head tax on any monies paid pursuant to this Contract. Neither the Contractor nor the State of Washington K9419(3) Page 14 of 25 Department of Corrections 158362 • Department shall have authorization,express or implied to bind the other to any Contracts, liability or understanding except as expressly set forth herein. Section 4.2 Personnel. The Contractor agrees to retain sufficient personnel to deliver 24-hour care and supervision to Department offenders,consistent with Contractor's policies and the governing laws,as well as administrative and support service personnel for the overall operation of the Facility. The Contractor agrees to subject all applicants to a thorough background check prior to their employment at the Facility. Section 4.3 Training. Each Party agrees to train its employees in accordance with its own policies and the law. Each Party also agrees to be responsible for all claims, damages, liability and court awards(including costs,expenses and attorney fees)incurred against itself as a result of any action or omission of its own employees,agents, subcontractors or assignees incurred in connection with the training. Article V PREA COMPLIANCE Section 5.1 Compliance. The Contractor agrees to maintain zero tolerance toward all forms of sexual abuse and sexual harassment and to ensure that all of the Contractor's employees, vendors and volunteers who have contact with Department offenders comply with all federal and state laws regarding sexual misconduct, including but not limited to: Section 5.1.1 The Prison Rape Elimination Act of 2003(PREA); Section 5.1.2 The standards for adult prisons and jails or community confinement facilities, whichever is applicable,as promulgated by the United States Attorney, Section 5.1.3 RCW 72.09.225 or RCW 13.40.570,regarding sexual misconduct by state employees,contractors; Section 5.1.4 RCW 9A.44.010, regarding definitions, Section 5.1.5 RCW 9A.44.160,regarding custodial sexual misconduct in the first degree;and, Section 5.1.6 RCW 9A.44.170, regarding custodial sexual misconduct in the second degree. Section 5.2 Monitoring. The Contractor agrees to provide to the Department documented compliance with the federal PREA standards, and to allow the Department to monitor the Facility's compliance. Section 5.2.1 Monitoring may include,but is not limited to:site visits, access to facility data, and review of applicable documentation. Section 5.2.2 The Department may terminate this Contract should the Contractor fail to provide documentation that demonstrates that the Contractor is actively and effectively working toward and is making substantive progress toward achieving compliance or should the Contractor fail to maintain PREA compliance between auditing periods, after being given a reasonable opportunity to cure. Section 5.3 Termination. The Department may terminate this Contract should Contractor elect to discontinue pursuit of PREA compliance or should the Contractor be found in State of Washington K9419(3) Page 15 of 25 Department of Corrections 158362 noncompliance through a PREA audit and fail to cure such noncompliance within the identified time-frames or should the Contractor be found to be in egregious violation of PREA. Article VI INDEMNIFICATION Section 6. Indemnification Each party agrees to be responsible for the negligent acts or omissions of its own staff. Each party agrees to defend and indemnify the other party and its elected and appointed officials,officers,employees and agents against all claims, losses, damages,suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of,or result from, the performance of this Contract by the indemnitor or its elected or appointed officials, officers,employees and agents.The indemnitor's duty to defend and indemnify extends to,but is not limited to,claims by the elected or appointed officials,officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor.The indemnitor waives its immunity under Title 51 (Industrial Insurance)of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated.This provision shall survive the expiration or termination of this Contract. Article VII MISCELLANEOUS Section 7.1 Existing State Law.This Contract shall not be construed to alter the legal responsibilities of the Contractor or the Department with regard to the legal and fiscal responsibility for confinement, care,and treatment of Department offenders under state law. Section 7.2 Disputes. Disputes between the parties arising out of this Contract may be submitted to arbitration if the parties are unable to resolve them through conference. No disputes may be submitted to arbitration without the consent of both parties. Nothing in this section is intended to limit either parry's access to any and all courts of law of this state or country. Section 7.3 Equal Employment Opportunity. The parties ascribe to the principles of equal employment opportunity. Neither is responsible for ensuring that the other is in compliance with equal employment statutes or policies. Section 7.4 Invalidity and Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are several.Should any term or provision of this Contract be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision of this Contract. In the event that any provision of this Contract is held invalid, that provision shall be null and void. However, the validity of the State of Washington K9419(3) Page 16 of 25 Department of Corrections 158362 remaining provisions of the Contract shall not be affected thereby. Section 7.5 jurisdiction and Venue. The laws of the State of Washington and the rules and regulations issued pursuant to them shall be applied in the interpretation,execution and enforcement of this Contract. Venue for any legal action related to the performance or interpretation of this Contract shall be in the Superior Court in Thurston County,Washington. Section 7.6 Scope of Contract.This Contract and any appendices or exhibits to it incorporate all the contracts,covenants, and understandings between the parties. No prior contract or understandings,verbal or otherwise,of the parties or their agents shall be valid or enforceable unless embodied in this Contract. This Contract shall not be altered, changed,or amended except by mutual consent of the parties in writing. Section 7.7 Compliance with Applicable Laws. The parties agree at all times during the performance of their obligations of this Contract to strictly adhere to all applicable federal and state laws and regulations. Section 7.8 Audit. At no additional cost, all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection,review,and audit by the Department, the Office of the State Auditor, and federal and state officials so authorized by law,in order to monitor and evaluate performance,compliance,and quality assurance under this Contract.The Contractor shall provide access to its facilities for this purpose. Any overpayments discovered in the course of such audits,after notice to the Contractor,may be withheld from future payments. IN WITNESS WHEREOF, the undersigned duly authorized officers have subscribed their names on behalf of the State of Washington and the Contractor. JEFFERSON COUNTY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS (/1 7A4/4 David Sanko,Sheriff DATE Jo R Nispel,Contract Administrator DATE Approved by: BOARD OF COMMISSIONERS The Office of the Attorney JEFFE 41 CO , WASHINGTON General on November 4,2015. Gfi).ii .f„w a / / David Sullivan, CbirmaLl_ DATE if4 t6t41-4 trgrz4,1/7 Phil Johnson,Commissioner DATE State of Washington K9419(3) Page 17 of 25 Department of Corrections 158362 NNW 1<aALeAll W*CeA . g , 2C/ Kathleen Kler,Commissioner DATE ATTEST(Clerk): J Ogitt Erin Lundgren DATE Approved as to form by: S'7,(5• .2__C I Contractor's Attorney ATE State of Washington K9419(3) Page 18 of 25 Department of Corrections 158362 Attachment A DOC Contact Information Violator Medical Issues DOC Nurse Desk-24/7 • Pre-Authorization for • 360-725-8733 extraordinary medical expenses Additional contact during business hours: • Pre-Authorization for non- • NurseDesk@docl.wa.gov Formulary medications • Fax:360-586-9060 • Report of emergent offender medical issue Violator Issues DOC Violator Desk • To request a transfer of violator Monday-Friday(except Holidays):7:00 am-5:00 pm • Notification of additional non- • 1-855-584-6528 DOC sentence/sanction • Violatordesk@doc.wa.gov confinement • When calling outside of hours listed call the DOC • Notification of violator Warrants Desk and ask to speak to the CCD Section discipline/new charges Duty Officer. • Notification of any non-DOC detainers/holds DOC Secretary Warrant DOC Warrants Desk-24/7 • 360-725-8888 Concerns after normal business hours DOC Warrants Desk-24/7 For example: offenders under DOC Warrants Desk will refer to the appropriate Duty Officer supervision or issues related to DOC • 360-725-8888 staff or DOC equipment Violator Medical Billing Medical Disbursement Unit • Requests for reimbursement for • DOCHOMedicalRAB@docl.wa.gov medical care not included in the • 360-725-8298 offender base rate. • Fax: 360-586-1320 • DOC Contract Coordinator Dianne Ashlock • Contract concerns/issues Monday-Friday(except Holidays):8:00 am-5:00 pm • Death of a Violator • Work 360-725-8315 • Violator Escape • After hours/holidays 360-507-6040 • dianne.ashlock@doc.wa.gov Last updated 8/11/2015 State of Washington K9419(3) Page 19 of 25 Department of Corrections 158362 Attachment B Pre-authorization and Medical Billing Instructions The County,City,or Tribal entity (hereinafter Contractor) must obtain pre-authorization through the Department's Utilization Management Office for all health care beyond what is normally provided to Contractor's inmates.This includes,but is not limited to,notification of Department offenders who are on specialty/high cost medications for long-term or chronic conditions such as Hepatitis C,HIV,Multiple Sclerosis or any other condition that requires the consistent administration of medications during the Department offender's confinement. In the case of an emergency, when pre-authorization is not feasible,the Contractor must notify the Department's Utilization Management Office as soon as possible,but no later than 4 hours after transporting the Department Offender to an emergency room or other medical facility and before any hospital admission. The following information must be included with notifications: • The date and time the Department offender left Contractor's facility because of the medical event; • The name of the hospital or medical facility; • The medical issue/reason for trip;and, • The date and time the offender returned to Contractor's facility, if applicable. Please note: If ANY hospitalization of a Department offender results in an inpatient event then the Department, if properly notified,will apply for Medicaid coverage under the Affordable Care Act and the Contractor will not be billed for qualifying services.However, the Contractor must notify the Department of the hospitalization and follow the emergency notification and pre-authorization process so that a Medicaid application can be initiated for the event.The Department must open a claim within 90 days of the date of service. The Department is not obligated to reimburse the Contractor for medical care or treatment provided to a Department offender without the Department's pre-authorization or notification within the 4 hour timeframe specified in the contract. Pre-authorization requests for extraordinary medical care, including pertinent medical records, and other supporting documentation, must be faxed to the Department's Utilization Management Office at(360)586-9060. The Department's Utilization Management Office is available via telephone to assist Contractor 24 hours a day and 7 days per week. State of Washington K9419(3) Page 20 of 25 Department of Corrections 158362 • • From 8 a.m.-4:30 p.m.Monday-Friday(except holidays), the Nurse Desk is available at NurseDesk@docl.wa.gov or(360)725-8733. • After normal business hours and during holidays, please call(360)725-8733.The call is forwarded to the on-call UM Nurse.Emails may not be returned until the next business day. Denials-If the Department denies the authorization for extraordinary medical care, Contractor(s) may appeal the Department's decision by submitting a written request with the supporting documentation to the Department's Utilization Management Office at NurseDesk@docl.wa.gov. Pharmaceuticals and Non-Formulary Requests The Department may reimburse for prescription medications that are consistent with the Offender Health Plan and Formulary.Restricted formulary and non-Formulary medication must be pre-authorized by submitting a request to the Department's Utilization Management Office either via email at NurseDesk@docl.wa.gov or fax at 360-586-9060. The non-formulary request(NFR)form is available online at: http://www.doc.wa.gov/family/offenderlife/docs/DOC13-091.pdf Formulary medications are medically necessary medications that require no further Department approval for use, provided the criteria listed in the Department's Formulary are met. Preauthorization-Restricted Formulary and non-Formulary medications may be prescribed however,the Department will only authorize these medications if the specific criteria necessary for approval are met. Medications in this category require preauthorization by the Department's Utilization Management Office to be considered for reimbursement. When a Contractor determines that the administration of a restricted Formulary or a non- Formulary medication is medically necessary for the continuous management of a significant medical or mental health condition, the Contractor should proceed based on his/her professional clinical judgment. However, to be considered for reimbursement, a restricted Formulary/non-Formulary medication request must be approved by the Department's Utilization Management Office as soon as feasible,but not later than 3 days after beginning the medication. Denials-If the Department denies the request to use restricted Formulary medication and/or non-Formulary medication,the Contractor may still be reimbursed for medications administered to a Department offender while awaiting the Department's decision on the State of Washington K9419(3) Page 21 of 25 Department of Corrections 158362 Contractor's appeal of a Department denial for reimbursement by submitting a written request and any supporting documentation to the Department's Utilization Management Office. Medical Billing It is the responsibility of the Contractor to process payment for all bills prior to sending them to the Department for reimbursement.However,if the Contractor is unable to make payment for direct billings, the Contractor may send a written request to the Department to process payment on the behalf of the Contractor.Requests may be submitted via fax(360)586-1320 or via email to DOCHOMedicalRAB@DOCI.WA.GOV.Contractors must include a copy of the original medical bill with the request. The Department will respond to the Contractor's written request for assistance with payment of a direct billing(s)not later than 7 business days of receipt. Contractors shall instruct the billing entity to NOT send a medical bill directly to the Department. Contractors shall submit monthly medical billings electronically to the Department's Medical Disbursement Unit at DOCHOMedicalRAB@DOCI.WA.GOV.Monthly itemized invoices for services provided onsite by the Contractor should include the previous month's services. Contractors must submit billings for offsite services within 30 days of the date of service. The Department understands that occasionally a monthly invoice may include medical bills from the previous month(s). However, in an effort to ensure an efficient and accurate billing process,Contractors will submit bills one month at a time,whenever possible. Itemized billing statements must be submitted following the format of the DOC's Medical Billing Reimbursement Form,Attachment C,with the supporting documentation attached, when applicable.Incomplete or missing data or supporting documentation may result in delays or denial of payment. Contractors unable to submit billing via email,must fax bills to: Department of Corrections Medical Disbursement Unit Fax: (360)586-1320 Monthly billings must include: • A coversheet with all pertinent details including: (1)The medical facility name, the medical facility's Federal Tax ID number, including the name of the contact at the medical facility, the medical facility's contact's phone number, and either an email or fax number; (2)The total amount being billed; (3)The month,date and year of service; State of Washington K9419(3) Page 22 of 25 Department of Corrections 158362 (4)The contact information for the Contractor's billing staff(including a phone number and an email address or fax number);and, (5)The address for where to submit the payment,an invoice number(this is the Contractor's internal invoice tracking number). • Any itemized charges must include: (1) The name of the Department offender; (2) The Department offender's DOC#and DOB; (3) The reason for the charges;and, (4) The total amount of the charges. Note:If the Contractor is requesting reimbursement for services paid to an onsite or offsite medical provider(s), a copy of the original healthcare claim form paid by the Contractor must also be included. • Supporting documentation including verification of the Department's detainer/hold;any authorizations from the Utilization Management Office;all Health Insurance Claim Forms, including those that are needed for medical insurance claims, i.e. the CMS 1500 or the UB-04;and,invoices from community providers showing what was billed including the documentation of what the Contractor paid. o When Contractor is requesting reimbursement for medications Contractor must also provide a copy of the original pharmacy bill to include the Department offender's name, the medication name, the dosage and quantity provided and the amount Contractor previously paid for the medication(s). • Credits for returned prescriptions-Contractors wanting credits for returned medications, must document those"credits" following the supporting documentation guidelines with clear demarcation as a CREDIT. Once the Department has completed its' medical bill verification process and is ready to process payment, the Contractor will be notified by email or fax of any denials or credits. For billing questions or concerns, please email DOCHOMedicalRAB@DOCI.WA.GOV. HIPAA HIPAA-The Health Insurance Portability and Accountability Act of 1996(HIPAA)protects the privacy of individually identifiable,protected health information. This law allows for the exchange of this information between the Department and the Contractor for the purpose of billing and payment which allows the Contractor to provide the required back-up documentation regarding the Department offender's health information and State of Washington K9419(3) Page 23 of 25 Department of Corrections 158362 treatment activities for support of payment purposes(See CFR 45§ 164.506). HIPPA also clarifies the standard for use and disclosure for correctional institutions and other law enforcement custodial situations in CFR 45§164.512. State of Washington K9419(3) Page 24 of 25 Department of Corrections 158362 r Attachment C (County/City/Tribal)Jail (Street Address) (Address)(Phone number) Jail Bed Reimbursement Form Offender Housing Invoice BILL TO: WA State Department of Corrections (Month)2015 Attn: Violator Desk Total Amount ($00.00) PO Box 41149 Olympia,WA 98504 (360)725-8620 Daily Bed Day Rate: $65.00 DOCViolatorbedbillings@DOCLWA.GOV ": an con Total 8 Of Bill e Confinement I End/Transfer out - . . - , Start date Days .- Doe.Jane 171456 01/15/89 7/19/2015 7/21/2015 $130.00 Smith,Johnny 121212 02/26/62 7/8/201' /2 2 0 1 5 L 5780 00 County Boarder Exchange Days: Johnsen,Doe 555555 10/31/92 08/01/15 08,01 1" 565.00 TOTAL 1 13 $845.00 Medical Reimbursement Form :141al ',L.:ad Cop ofomtoati crgot Date&TUIst. Ekc:!! ap,Je Amourd.al A.unt -" "2' Elmer / am Doc Jane in,s6 7/20,1115 Gabapaltio 31G Tab 3 p 701 ills 1234Shl 5 5 .:59 S 1130 ?bud 12 54 2013 1 L 5111 m,Jarns OD I ; bsa , Fitt. 3,9012M 'Smith Johnny 712121 2o;74 7/100313 StIcsoy$S ilsspi. I 731/3Y, Che8 •••40m Russdl• NO 3 $ • S 2,300X:$ 2,500.00 Jahnsen,Doe 5...s3.535 10,31/0„, sums Walla Walla Geoeral 5"eels, rns""1,1 Billie ' I ' Saran ,‘Pra S LCO 5 salon1,996-001i '; Hospital ton,t; Gohat \idols State of Washington K9419(3) Page 25 of 25 Department of Corrections 158362 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Steve Richmond, JCSO Jail Superintendent DATE: Tuesday August 2, 2016 SUBJECT: Housing of DOC Inmates STATEMENT OF ISSUE: The Jefferson County Jail currently has a contract (K9419) with DOC to house DOC offenders at our facility. This contract extension increasing the daily rate DOC will pay to $71.59 per day and provides for an automatic yearly increase of 3% over the term of the contract. FISCAL IMPACT: DOC inmates average approx. 20 bed dates per month. RECOMMENDATION: Approve and sign by BoCC. REVIEWED BY /5 ‘ ounty A s Date `,/7-c" / jr‘ r — C•1��1L.s j�//1Clb :w t� o�'fb I CONTRACT REVIEW FORM CONTRACT WITH: Department of Corrections CONTRACT FOR: Housing of DOC Offenders TERM: 1/1/16— 12/31/18 COUNTY DEPARTMENT: Sheriff's Office-Corrections APR 07 Z016 For More Information Contact: Steve Richmond Contact Phone #: Ext. 734 RETURN TO: RETURN BY: As soon as possible (Person in Department) (Date) AMOUNT: $15,000 est. yearly, $71.69per day PROCESS: Exempt from Bid Process Consultant Selection Process — Revenue: _ Cooperative Purchase Expenditure: _ Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s)of Matching Funds Vendor List Bid RFP or RFQ x Other—Renewal of Existing Contract Step 1 : REVIEW BY RI ci t • , E Review by: ����� -2446 Date Reviewed: _ i qk,p(0 .� APPROVED FORM n Returned for revision(See Comments) Comments Step 2: REVIEW BY RO` SE�CIITING TTQRN M4.),,, Review by. KV J ' . j► (,)/Ly� .4!4Date Reviewed: Ip APPROVED AS TO FORM � Returned for revision(See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract,Review Form,and Agenda Bill to BOCC Office. Place"Sign Here- markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m.TUESDAY for the following Monday's agenda.