HomeMy WebLinkAbout011121_ca06JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: David Fortino, Jail Superintendent
DATE: January 11, 2021
SUBJECT: AGREEMENT re: Residential Substance Abuse Treatment; In the Amount
of $146,000; Jefferson County Sheriffs Office/Jail; Washington State
Health Care Authority
STATEMENT OF ISSUE:
AGREEMENT re: Residential Substance Abuse Treatment; In the Amount of $146,000; Jefferson County
Sheriff's Office/Jail; Washington State Health Care Authority
ANALYSIS:
This agreement with WA State Health Care Authority establishes a Residential Substance Abuse Treatment
program at the Jefferson County Jail, providing an opportunity for incarcerated individuals to engage in
inpatient treatment services locally, and gain a head start on their road to recovery. Additionally, this
program would enhance existing Substance Use Disorder services, such as our MAT program, and Relapse
Prevention and Substance Use Disorder Assessments.
FISCAL IMPACT:
Reimbursement for programing is based on a deliverable table within the agreement include provision of
services and quarterly reporting. Maximum reimbursement allowed is $146,000.
RECOMMENDATION:
Approve AGREEMENT re: Residential Substance Abuse Treatment; In the Amount of $146,000; Jefferson
County Sheriff's Office/Jail; Washington State Health Care Authority
Washington State
HCA Contract Number: K4880
Heat Carehu"hority
RESIDENTIAL SUBSTANCE
ABUSE TREATMENT
Resulting from Solicitation Number (If
applicable: NA
CONTRACT
ContractorNendor Contract Number:
THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Jefferson
County Jail, (Contractor).
CONTRACTOR NAME
CONTRACTOR DOING BUSINESS AS (DBA)
Jefferson County Jail
CONTRACTOR ADDRESS I Street
City
State
Zip Code
79 Elkins Road
Port Hadlock
WA
98339
CONTRACTOR CONTACT
CONTRACTOR TELEPHONE
CONTRACTOR E-MAIL ADDRESS
David Fortino
(360) 385-3856
dfortino@co.jefferson.wa.us
Is Contractor a Subrecioient under this Contract?
CFDA NUMBER(S):
FFATA Form Required
®YES ❑NO
16.593
®YES ❑NO
HCA PROGRAM
HCA DIVISION/SECTION
Department of Behavioral Health and Recoery
HCA CONTACT NAME AND TITLE
HCA CONTACT ADDRESS
Health Care Authority
Michele Gayle, Medical Program Specialist 3
626 8th Avenue SE
PO Box 42730
Olympia, WA 98504-2730
HCA CONTACT TELEPHONE
HCA CONTACT E-MAIL ADDRESS
(360) 725-5935
michele.gavle0-)hca.wa.gov
CONTRACT START DATE I CONTRACT END DATE I TOTAL MAXIMUM CONTRACT AMOUNT
Date of Execution I September 30, 2020 1 $146,000.00
PURPOSE OF CONTRACT:
Provide Residential Substance Abuse Treatment (RSAT) for incarcerated individuals.
The parties signing below warrant that they have read and understand this Contract, and have authority to
execute this Contract. This Contract will be binding on HCA only upon signature by both parties.
CONTRACTOR SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
HCA SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
Ap vewd as t f r,lye ---— --
1�1._y� Date: _.�
hilip C. Hunsucker, Chief Civil Deputy Pro cuttn Attorney
Jefferson County Prosecuting Attorneys Office
Rev 5/6/2019
TABLE OF CONTENTS
1. STATEMENT OF WORK (SOW).......................................................................................44
2. DEFINITIONS....................................................................................................................44
3. SPECIAL TERMS AND CONDITIONS..............................................................................77
3.1
PERFORMANCE EXPECTATIONS.....................................................................................77
3.2
TERM..........................................................................................................................
77
3.3
COMPENSATION...........................................................................................................
77-
3.4
FEDERAL FUNDING SPECIAL TERMS AND CONDITIONS....................................................
88
3.5
INVOICE AND PAYMENT.............................................................................................
124-2
3.6
CONTRACTOR AND HCA CONTRACT MANAGERS........................................................
134-3
3.7
LEGAL NOTICES.......................................................................................................
1444
3.8
INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE .................................
144-4
3.9
INSURANCE..............................................................................................................
151-55
4. GENERAL TERMS AND CONDITIONS........................................................................1646
4.1
ACCESS TO DATA.....................................................................................................
164-6
4.2
ADVANCE PAYMENT PROHIBITED...............................................................................
16445
4.3
AMENDMENTS..........................................................................................................
164-6
4.4
ASSIGNMENT...........................................................................................................
1646
4.5
ATTORNEYS' FEES...................................................................................................
174-7
4.6
CHANGE IN STATUS..................................................................................................
17 -7
4.7
CONFIDENTIAL INFORATION PROTECTION..................................................................
174-7
4.8
CONFIDENTIAL INFORMATION BREACH - REQUIRED NOTIFICATION ..............................
1747
4.9
CONTRACTOR'S PROPRIETARY INFORMATION............................................................
184$
4.10
COVENANT AGAINST CONTINGENT FEES...................................................................
194-9
4.11
DEBAREMENT..........................................................................................................
194-9
4.12
DISPUTES................................................................................................................
194-9
4.13
ENTIRE AGREEMENT................................................................................................
2028
4.14
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
.................... 2028
4.15
FORCE MAJEURE.....................................................................................................
2020
4.16
FUNDING WITHDRAWN, REDUCED, OR LIMITED...........................................................
2124
4.17
GOVERNING LAW .....................................................................................................2121-
4.18
HCA NETWORK SECURITY........................................................................................
2222
4.19
INDEMNIFICATION.....................................................................................................
2222
4.20
INDEPENDENT CAPACITY OF THE CONTRACTOR.........................................................
2222
4.21
INDUSTRIAL INSURANCE COVERAGE..........................................................................222-2
4.22
LEGAL AND REGULATORY COMPLIANCE.....................................................................
2222
4.23
LIMITATION OF AUHORITY.........................................................................................
2323
4.24
NO THIRD -PARTY BENEFICIARIES..............................................................................
2323
4.25
NONDISCRIMINATION................................................................................................232-3
4.26
OVERPAYMENETS TO CONTRACTOR..........................................................................
2323
4.27
PAY EQUITY.............................................................................................................
2323
4.28
PUBLICITY................................................................................................................242-4
4.29
RECORDS AND DOCUMENTS REVIEW.........................................................................
2525
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Health Care Authority HCA Contract # K4880
4.30
REMEDIES NON-EXCLUSIVE......................................................................................
2525
4.31
RIGHT OF INSPECTOIN..............................................................................................
2525
4.32
RIGHTS IN DATA/OWNERSHIP....................................................................................
2525
4.33
RIGHTS OF STATE AND FEDERAL GOVERNMENTS
....................................................... 2626
4.34
SEVERABILITY..........................................................................................................2727
4.35
SITE SECURITY........................................................................................................
2727
4.36
SUBCONTRACTING...................................................................................................
272-7
4.37
SUBRECIPIENT.........................................................................................................
272-7
4.38
SURVIVAL................................................................................................................
2929
4.39
TAXES.....................................................................................................................
2929
4.40
TERMINATION...........................................................................................................292-9
4.41
TERMINATION PROCEDURES.....................................................................................
3134
4.42
WAIVER...................................................................................................................
3232
4.43
WARRANTIES...........................................................................................................
3232
Attachments
Attachment 1: Federal Compliance, Certifications and Assurances
Attachment 2: Federal Funding Accountability and Transparency Act Data Collection
Form
Attachment 3: Federal Award Identification for Subrecipients (FATS)
Schedules
Schedule A: Statement of Work (SOW) RSAT Services
Washington State 3 RSAT
Health Care Authority HCA Contract # K4880
Contract # K4880 for
Residential Substance Abuse Treatment Services
IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as
follows:
1. STATEMENT OF WORK (SOW)
The Contractor will provide the services and staff as described in Schedule A: Statement of
Work.
2. DEFINITIONS
"Authorized Representative" means a person to whom signature authority has been
delegated in writing acting within the limits of his/her authority.
"Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential
Information that compromises the security, confidentiality, or integrity of the Confidential
Information.
"Business Associate" means a Business Associate as defined in 45 C.F.R. § 160.103, who
performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity,
that involves the use or disclosure of protected health information (PHI). Any reference to
Business Associate in this DSA includes Business Associate's employees, agents, officers,
Subcontractors, third party contractors, volunteers, or directors.
"Business Days and Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific
Time, except for holidays observed by the state of Washington.
"Centers for Medicare and Medicaid Services" or "CMS" means the federal office under the
Secretary of the United States Department of Health and Human Services, responsible for the
Medicare and Medicaid programs.
"C.F.R." means the Code of Federal Regulations. All references in this Contract to C.F.R.
chapters or sections include any successor, amended, or replacement regulation. The C.F.R.
may be accessed at http://www.ecfr.gov/cqi-bin/ECFR?page=browse.
"Chemical Dependency" means a person's: (1) alcoholism; (2) drug addiction; or (3)
dependence on alcohol and one more other psychoactive chemicals as the context requires.
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Health Care Authority HCA Contract # K4880
"Confidential Information" means information that may be exempt from disclosure to the
public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other
state or federal statutes or regulations. Confidential Information includes, but is not limited to,
any information identifiable to an individual that relates to a natural person's health, (see also
Protected Health Information); finances, education, business, use or receipt of governmental
services, names, addresses, telephone numbers, social security numbers, driver license
numbers, financial profiles, credit card numbers, financial identifiers and any other identifying
numbers, law enforcement records, HCA source code or object code, or HCA or State security
information.
"Contract" means this Contract document and all schedules, exhibits, attachments,
incorporated documents and amendments.
"Contractor" means Jefferson County Jail, its employees and agents. Contractor includes any
firm, provider, organization, individual or other entity performing services under this Contract. It
also includes any Subcontractor retained by Contractor as permitted under the terms of this
Contract.
"Covered entity" means a health plan, a health care clearinghouse or a health care provider
who transmits any health information in electronic form to carry out financial or administrative
activities related to health care, as defined in 45 C.F.R. § 160.103.
"Data" means information produced, furnished, acquired, or used by Contractor in meeting
requirements under this Contract.
"Effective Date" means the first date this Contract is in full force and effect. It may be a
specific date agreed to by the parties; or, if not so specified, the date of the last signature of a
party to this Contract.
"HCA Contract Manager" means the individual identified on the cover page of this Contract
who will provide oversight of the Contractor's activities conducted under this Contract.
"Health Care Authority" or "HCA" means the Washington State Health Care Authority, any
division, section, office, unit or other entity of HCA, or any of the officers or other officials
lawfully representing HCA.
"Overpayment" means any payment or benefit to the Contractor in excess of that to which the
Contractor is entitled by law, rule, or this Contract, including amounts in dispute.
"Proprietary Information" means information owned by Contractor to which Contractor claims
a protectable interest under law. Proprietary Information includes, but is not limited to,
information protected by copyright, patent, trademark, or trade secret laws.
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Health Care Authority HCA Contract # K4880
"Protected Health Information" or "PHI" means individually identifiable information that
relates to the provision of health care to an individual; the past, present, or future physical or
mental health or condition of an individual; or past, present, or future payment for provision of
health care to an individual, as defined in 45 C.F.R. § 160.103. Individually identifiable
information is information that identifies the individual or about which there is a reasonable
basis to believe it can be used to identify the individual, and includes demographic information.
PHI is information transmitted, maintained, or stored in any form or medium. 45 C.F.R. §
164.501. PHI does not include education records covered by the Family Educational Rights
and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv).
"RCW" means the Revised Code of Washington. All references in this Contract to RCW
chapters or sections include any successor, amended, or replacement statute. Pertinent RCW
chapters can be accessed at: http://apps.leg.wa..qov/rcw/.
"RSAT" means Residential Substance Abuse Treatment.
"RSAT After -Care Services" means outpatient treatment and apporpriate social services
which continue once the RSAT offender has been released from jail.
"Statement of Work" or "SOW" means a detailed description of the work activities the
Contractor is required to perform under the terms and conditions of this Contract, including the
deliverables and timeline, and is Schedule A hereto.
"Subcontractor" means a person or entity that is not in the employment of the Contractor,
who is performing all or part of the business activities under this Contract under a separate
contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier.
"Subrecipient" means a non-federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. A sub -recipient may also be a recipient of other federal awards
directly from a federal awarding agency. As in 45 C.F.R. 75.2, or any successor or replacement
to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or
replacement to such definition, for any other federal award. See OMB circular a-133 for
additional details.
"USC" means the United States Code. All references in this Contract to USC chapters or
sections will include any successor, amended, or replacement statute. The USC may be
accessed at http://uscode.house.gov/
"WAC" means the Washington Administrative Code. All references to WAC chapters or
sections will include any successor, amended, or replacement regulation. Pertinent WACs may
be accessed at: http://app.leg.wa.gov/wac/.
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Health Care Authority HCA Contract # K4880
3. SPECIAL TERMS AND CONDITIONS
3.1 PERFORMANCE EXPECTATIONS
Expected performance under this Contract includes, but is not limited to, the following:
3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to
subject of contract;
3.1.2 Use of professional judgment;
3.1.3 Collaboration with HCA staff in Contractor's conduct of the services;
3.1.4 Conformance with HCA directions regarding the delivery of the services;
3.1.5 Timely, accurate and informed communications;
3.1.6 Regular completion and updating of project plans, reports, documentation and
communications;
3.1.7 Regular, punctual attendance at all meetings; and
3.1.8 Provision of high quality services.
Prior to payment of invoices, HCA will review and evaluate the performance of Contractor
in accordance with Contract and these performance expectations and may withhold
payment if expectations are not met or Contractor's performance is unsatisfactory.
3.2 TERM
3.2.1 The initial term of the Contract will commence on the date of last signature,
whichever is later, and continue through September 30, 2021, unless terminated
sooner as provided herein.
3.2.2 This Contract may be extended by mutual agreement and amendment to this
Contract.
3.2.3 Work performed without a contract or amendment signed by the authorized
representatives of both parties will be at the sole risk of the Contractor. HCA will
not pay any costs incurred before a contract or any subsequent amendment(s) is
fully executed.
3.3 COMPENSATION
3.3.1 The Maximum Compensation payable to Contractor for the performance of all
things necessary for or incidental to the performance of work as set forth in
Schedule A: Statement of Work is $146,000.00, and includes any allowable
expenses.
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Health Care Authority HCA Contract # K4880
3.3.2 Contractor's compensation for services rendered will be based in accordance with
Schedule A, Statement of Work, Section 4, Deliverables.
3.3.3 Day-to-day expenses related to performance under the Contract, including but not
limited to travel, lodging, meals, and incidentals, will not be reimbursed to
Contractor. If Contractor is required by HCA to travel, any such travel must be
authorized in writing by the HCA Contract Manager and reimbursement will be at
rates not to exceed the then -current rules, regulations, and guidelines for State
employees published by the Washington State Office of Financial Management in
the Washington State Administrative and Accounting Manual
(http://www.ofm.wa.gov/policy/10.htm); reimbursement will not exceed expenses
actually incurred.
To receive reimbursement, Contractor must provide a detailed breakdown of
authorized expenses and receipts for any expenses of $50 or more.
3.3.4 Federal funds disbursed through this Contract were received by HCA through OMB
Catalogue of Federal Domestic Assistance (CFDA) Number: 16.593, SAMHSA,
2017RTBX4027 and 2018J2BX4017, Residential Substance Abuse Treatment for
State Prisoners. Contractor agrees to comply with applicable rules and regulations
associated with these federal funds and has signed Attachment 1: Federal
Compliance, Certification and Assurances, attached.
3.4 FEDERAL FUNDING SPECIAL TERMS AND CONDITIONS
3.4.1 Use of Federal Funds
3.4.1.1 Contractor must comply with applicable federal civil rights laws, including
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, Title IX of the Educatoin Amendments of 1972, the Age
Discrimination Act of 1975, and the Justice Department's regulation for
the Equal Treatment of Faith -Based Organizations.
3.4.1.2 Unallowable Use of Federal Funds. The following uses are not allowable
under any agreement that includes federal funds:
a) Hospital inpatient services;
b) Cash payments to departmental clients;
c) Purchase or permanenet improvement of land or facilities, other than
minor remodeling;
d) Purchase of equipment in excess of $5,000;
e) Cost -sharing or matching for other federal funds requiring non-federal
matching funds;
Washington State 8 RSAT
Health Care Authority HCA Contract # K4880
3.4.1.3 Uses that are unallowable under Section3.4.1.2 are allowable using state
funds in a commingled budget if only state funs are used to pay such
costs. To determine that only state funds are used, the following
conditions must be met:
a) The agreement includes state funds at least equal to the total amount
of all items under consideration; and
b) If the funds are used by a subcontractor, the subcontractor shall
document clearly that only state funds are included in the subcontract;
and
c) If the use is a direct use of the Contractor, the use, which is
unallowable, is clearly segregated from all other uses by accounting
for them in separate expenditure accounts.
3.4.1.4 The use of federal funds of influence or attempt to influence or attempt to
influence the award of, or amendment to, any federal contract, grant,
loan, or cooperative agreement is prohibited.
d) The use of funds other than feeral funds for such purposes requires
the Contractor to submit all required federal and state forms disclosing
such lobbying activity.
e) The Contractor must include this language in any contracts resulting
from this Contract and ensure that all subrecipients understand and
agree to these terms.
3.4.2 Charitable Choice. The Contractor will ensure that Charitable Choice
Requirements of 42 C.F.R. Part 54 are followed and that Faith -Based
Organizations (FBO) are provided opportunities to compete with traditional alcohol
and drug abuse prevention and treatment providers for funding.
3.4.2.1 If the Contractor contracts with FBOs, the Contractor shall require the
FBO to meet the requirements of 42 C.F.R. Part 54 as follows:
f) Applicants and recipients for or of services will be provided with a
choice of prevention and treatment providers;
g) The FBO must facilitate a referral to an alternative provider within a
reasonable time frame when requested by the recipient of services;
h) The FBO must report to the Contractor all referrals made to
alternative providers;
i) The FBO must provide recipients with a notice of their rights;
Washington State 9 RSAT
Health Care Authority HCA Contract # K4880
j) The FBO providers recipients with a summary of services, that
includes any inherently religious activities; and
k) No funds may be expended for religious activities.
3.4.2.2 If the Contractor contracts with FBOs, the Contractor must report the
number of referrals made to alternative providers by FBOs to the HCA
Contract Manager.
3.4.3 Audit Requirements.
If the Contractor is not subject to an OMB Circular A-133 audit, the Contractor
must provide the HCA Contract Manager a CPA audit or CPA review within 180
days of the subcontractor's fiscal year end. The scope of the audit or review must
include the entire operation and related legal entity, be in accordance with
Generally Accepted Accounting Practices (GAAP), and include a management
letter that addresses any audit findings.
3.4.4 Substance Abuse and Mental Health Services Administration (SAMHSA) Award
Terms
Contractor must comply with the requirements of the SAMHSA Award Terms, as
they would apply to HCA.
3.4.4.1 This grant is subject to the terms and conditions, included directly, or
incorporated by reference on the Notice of Award (NoA).
3.4.4.2 Grant funds cannot be used to supplant current funding of existing
activities.
3.4.4.3 By law, none of the funds awarded can be used to pay the salary of an
individual at a rate in excess of the Executive Level 1, which is $197,300
annually.
3.4.4.4 Awardees and sub -recipients must maintain records which adequately
identify the source and application of funds provided for financially
assisted activities. These records must contain information pertaining to
grant or sub -grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays or expenditures, and income.
SAMHSA or its designee may conduct a financial compliance audit and
on -site program review of grants with significant amounts of Federal
funding.
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Health Care Authority HCA Contract # K4880
3.4.4.5 Per 45 C. F. R. § 74.36 and 45 C. F. R. § 92.34 and the US Department of
Health and Human Services Grants Policy Statement, any copyrighted or
copyrightable works developed under this cooperative agreement/grant
shall be subject to royalty -free, nonexclusive and irrevocable license to
the government to reproduce, publish, or otherwise use them and to
authorize others to do so for General Government purposes. Income
earned from any copyrightable work developed under this grant must be
used as program income.
3.4.4.6 Program income accrued under this award must be used in accordance
with the additional costs alternative described in 45 C.F.R. § 74.24(b)(1)
or 45 C.F.R. § 92.25(g)(2) as applicable. Program income must be used
to further the grant objectives and shall only be used for allowable costs
as set forth in the applicable Office of Management and Budget circulars
A-102 and A-110.
3.4.4.7 No part of an appropriation contained in this Act shall be used, other than
for normal and recognized executive -legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the Congress,
except in presentation to the Congress itself or any State legislature.
3.4.4.8 No part of any appropriation contained in this Act shall be used to pay the
salary or expenses of any grant or contract recipient, or agency acting for
such recipient, related to any activity designed to influence legislation or
appropriations pending before the Congress or any State legislature.
3.4.4.9 Where a conference is funded by a grant or cooperative agreement the
recipient must include the following statement on all conference materials
(including promotional materials, agenda, and internet sites): "Funding for
this conference was made possible (in part) by Grant H79TIO81705 from
SAMHSA. The views expressed in written conference materials or
publications and by speakers and moderators do not necessarily reflect
the official policies of the Department of Health and Human Services; nor
does mention of trade names, commercial practices, or organizations
imply endorsement by the U.S. Government."
3.4.4.10 If federal funds are used by the Contractor to attend a meeting,
conference, etc. and meal(s) are provided as part of the program, then
the per diem applied to the Federal travel costs (Meal and Incidental
Expenses allowance) must be reduced by the allotted meal cost(s).
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3.4.4.11 Marijuana Attestation. The primary award recipient and all sub -recipients
(contractor & sub-awardee) will not use funds, directly or indirectly, to
purchase, prescribe, or provide marijuana or treatment using marijuana.
Treatment in this context includes the treatment of opioid use disorder.
Grant funds also will not be provided to any individual who or organization
that provides or permits marijuana use for the purposes of treating
substance use or mental disorders (45 C.F.R. § 75.300(a); 21 United
States Code §§ 812(c) (10) and 8410). This prohibition does not apply to
those providing such treatment in the context of clinical research
permitted by the Drug Enforcement Administration and under a US Food
and Drug Administration -approved investigational new drug application
where the article being evaluated is marijuana or a constituent thereof
that is otherwise a banned controlled substance under federal law.
3.4.4.12 SABG Block Grant Attestation: SABG Block grant funds will not be used
to supplant State funding of alcohol and other drug prevention and
treatment programs. (45 C.F.R. § 96.123(a)(10)).
3.5 INVOICE AND PAYMENT
3.5.1 Contractor must submit accurate invoices to the following address for all amounts
to be paid by HCA via e-mail to: AcctspayCa)_hca.wa.gov. Include the HCA Contract
number in the subject line of the email.
3.5.2 Invoices must describe and document to HCA's satisfaction a description of the
work performed, the progress of the project, and fees. If expenses are invoiced,
invoices must provide a detailed breakdown of each type. Any single expense in
the amount of $50.00 or more must be accompanied by a receipt in order to
receive reimbursement. All invoices will be reviewed and must be approved by the
Contract Manager or his/her designee prior to payment.
3.5.3 Contractor must submit properly itemized invoices to include the following
information, as applicable:
3.5.3.1 HCA Contract number K4880;
3.5.3.2 Contractor name, address, phone number;
3.5.3.3 Description of Services;
3.5.3.4 Date(s) of delivery;
3.5.3.5 Net invoice price for each item;
3.5.3.6 Applicable taxes;
3.5.3.7 Total invoice price; and
3.5.3.8 Payment terms and any available prompt payment discount.
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Health Care Authority HCA Contract # K4880
3.5.4 HCA will return incorrect or incomplete invoices to the Contractor for correction and
reissue. The Contract Number must appear on all invoices, bills of lading,
packages, and correspondence relating to this Contract.
3.5.5 In order to receive payment for services or products provided to a state agency,
Contractor must register with the Statewide Payee Desk at https://ofm.wa.gov/it-
systems/statewide-vendorpayee-services/receiving-payment-state. Payment will
be considered timely if made by HCA within thirty (30) calendar days of receipt of
properly completed invoices. Payment will be directly deposited in the bank
account or sent to the address Contractor designated in its registration.
3.5.6 Upon expiration of the Contract, any claims for payment for costs due and payable
under this Contract that are incurred prior to the expiration date must be submitted
by the Contractor to HCA within sixty (60) calendar days after the Contract
expiration date. HCA is under no obligation to pay any claims that are submitted
sixty-one (61) or more calendar days after the Contract expiration date ("Belated
Claims"). HCA will pay Belated Claims at its sole discretion, and any such
potential payment is contingent upon the availability of funds.
3.6 CONTRACTOR AND HCA CONTRACT MANAGERS
3.6.1 Contractor's Contract Manager will have prime responsibility and final authority for
the services provided under this Contract and be the principal point of contact for
the HCA Contract Manager for all business matters, performance matters, and
administrative activities.
3.6.2 HCA's Contract Manager is responsible for monitoring the Contractor's
performance and will be the contact person for all communications regarding
contract performance and deliverables. The HCA Contract Manager has the
authority to accept or reject the services provided and must approve Contractor's
invoices prior to payment.
3.6.3 The contact information provided below may be changed by written notice of the
change (email acceptable) to the other party.
Contractor
Health Care Authority
Contract Manager Information
Contract Manager Information
Name:
David Fortino
Name:
Michele Gayle
Title:
Title:
Medical Program Specialist 3
626 8th Avenue SE
Address:
79 Elkins Road
Address:
PO Box 42730
Port Hadlock, WA 98339
Olympia, WA 98504
Phone:
(360) 385-3856
Phone:
(360) 725-5935
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Health Care Authority HCA Contract # K4880
Email: dfortino@co.jefferson.wa.us 11 Email: michele.gayle .hca.wa.gov
3.7 LEGAL NOTICES
Any notice or demand or other communication required or permitted to be given under this
Contract or applicable law is effective only if it is in writing and signed by the applicable
party, properly addressed, and delivered in person,via email, or by a recognized courier
service, or deposited with the United States Postal Service as first-class mail, postage
prepaid certified mail, return receipt requested, to the parties at the addresses provided in
this section.
3.7.1 In the case of notice to the Contractor:
[Contractor Contact Information]
3.7.2 In the case of notice to HCA:
Attention: Contracts Administrator
Health Care Authority
Division of Legal Services
Post Office Box 42702
Olympia, WA 98504-2702
CONTRACTS@hca.wa.gov
3.7.3 Notices are effective upon receipt or four (4) Business Days after mailing,
whichever is earlier.
3.7.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Contract. In
the event of an inconsistency, the inconsistency will be resolved in the following order of
precedence:
3.8.1 Applicable Federal and State of Washington statutes and regulations;
3.8.2 Recitals
3.8.3 Special Terms and Conditions;
3.8.4 General Terms and Conditions;
3.8.5 Attachment 1: Federal Compliance, Certifications and Assurances;
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3.8.6 Attachment 2: Federal Funding Accountability and Transparency Act Data
Collection Form;
3.8.7 Attachment 3: Federal Award Identification for Subrecipients (FATS);
3.8.8 Schedule A(s): Statement(s) of Work;
3.8.9 Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
3.9 INSURANCE
Contractor must provide insurance coverage as set out in this section. The intent of the
required insurance is to protect the State should there be any claims, suits, actions, costs,
damages or expenses arising from any negligent or intentional act or omission of
Contractor or Subcontractor, or agents of either, while performing under the terms of this
Contract. Contractor must provide insurance coverage that is maintained in full force and
effect during the term of this Contract, as follows:
3.9.1 Commercial General Liability Insurance Policy - Provide a Commercial General
Liability Insurance Policy, including contractual liability, in adequate quantity to
protect against legal liability arising out of contract activity but no less than
$1 million per occurrence/$2 million general aggregate. Additionally, Contractor is
responsible for ensuring that any Subcontractors provide adequate insurance
coverage for the activities arising out of subcontracts.
3.9.2 Business Automobile Liability. In the event that services delivered pursuant to this
Contract involve the use of vehicles, either owned, hired, or non -owned by the
Contractor, automobile liability insurance is required covering the risks of bodily
injury (including death) and property damage, including coverage for contractual
liability. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
3.9.3 Professional Liability Errors and Omissions — Provide a policy with coverage of not
less than $1 million per claim/$2 million general aggregate.
3.9.4 The insurance required must be issued by an insurance company/ies authorized to
do business within the state of Washington, and must name HCA and the state of
Washington, its agents and employees as additional insured's under any
Commercial General and/or Business Automobile Liability policy/ies. All policies
must be primary to any other valid and collectable insurance. In the event of
cancellation, non -renewal, revocation or other termination of any insurance
coverage required by this Contract, Contractor must provide written notice of such
to HCA within one (1) Business Day of Contractor's receipt of such notice. Failure
to buy and maintain the required insurance may, at HCA's sole option, result in this
Contract's termination.
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Upon request, Contractor must submit to HCA a certificate of insurance that outlines the
coverage and limits defined in the Insurance section. If a certificate of insurance is
requested, Contractor must submit renewal certificates as appropriate during the term of
the contract.
4. GENERAL TERMS AND CONDITIONS
4.1 ACCESS TO DATA
In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide
access to any data generated under this Contract to HCA, the Joint Legislative Audit and
Review Committee, the State Auditor, and any other state or federal officials so authorized
by law, rule, regulation, or agreement at no additional cost. This includes access to all
information that supports the findings, conclusions, and recommendations of the
Contractor's reports, including computer models and methodology for those models.
4.2 ADVANCE PAYMENT PROHIBITED
No advance payment will be made for services furnished by the Contractor pursuant to
this Contract.
4.3 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments
will not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
4.4 ASSIGNMENT
4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its
rights hereunder, or delegate any of its duties hereunder, except delegations as set
forth in Section 4.36, Subcontracting, without the prior written consent of HCA.
Any permitted assignment will not operate to relieve Contractor of any of its duties
and obligations hereunder, nor will such assignment affect any remedies available
to HCA that may arise from any breach of the provisions of this Contract or
warranties made herein, including but not limited to, rights of setoff. Any attempted
assignment, transfer or delegation in contravention of this Subsection 4.4.1 of the
Contract will be null and void.
4.4.2 HCA may assign this Contract to any public agency, commission, board, or the
like, within the political boundaries of the State of Washington, with written notice of
thirty (30) calendar days to Contractor.
4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and
their permitted successors and assigns.
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4.5 ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the terms of this Contract, each
party agrees to bear its own attorneys' fees and costs.
4.6 CHANGE IN STATUS
In the event of any substantive change in its legal status, organizational structure, or fiscal
reporting responsibility, Contractor will notify HCA of the change. Contractor must provide
notice as soon as practicable, but no later than thirty (30) calendar days after such a
change takes effect.
4.7 CONFIDENTIAL INFORATION PROTECTION
4.7.1 Contractor acknowledges that some of the material and information that may come
into its possession or knowledge in connection with this Contract or its
performance may consist of Confidential Information. Contractor agrees to hold
Confidential Information in strictest confidence and not to make use of Confidential
Information for any purpose other than the performance of this Contract, to release
it only to authorized employees or Subcontractors requiring such information for
the purposes of carrying out this Contract, and not to release, divulge, publish,
transfer, sell, disclose, or otherwise make the information known to any other party
without HCA's express written consent or as provided by law. Contractor agrees to
implement physical, electronic, and managerial safeguards to prevent unauthorized
access to Confidential Information.
4.7.2 Contractors that come into contact with Protected Health Information may be
required to enter into a Business Associate Agreement with HCA in compliance
with the requirements of the Health Insurance Portability and Accountability Act of
1996, Pub. L. 104-191, as modified by the American Recovery and Reinvestment
Act of 2009 ("ARRA"), Sec. 13400 — 13424, H.R. 1 (2009) (HITECH Act) (HIPAA).
4.7.3 HCA reserves the right to monitor, audit, or investigate the use of Confidential
Information collected, used, or acquired by Contractor through this Contract.
Violation of this section by Contractor or its Subcontractors may result in
termination of this Contract and demand for return of all Confidential Information,
monetary damages, or penalties.
4.7.4 The obligations set forth in this Section will survive completion, cancellation,
expiration, or termination of this Contract.
4.8 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION
4.8.1 Contractor must notify the HCA Privacy Officer (PrivacyOfficerCaD-hca.wa.gov) within
five Business Days of discovery of any Breach or suspected Breach of Confidential
Information.
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4.8.2 Contractor will take steps necessary to mitigate any known harmful effects of such
unauthorized access including, but not limited to, sanctioning employees and
taking steps necessary to stop further unauthorized access. Contractor agrees to
indemnify and hold HCA harmless for any damages related to unauthorized use or
disclosure of Confidential Information by Contractor, its officers, directors,
employees, Subcontractors or agents.
4.8.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be
made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW
19.255.010, or other law or rule, then:
4.8.3.1 HCA may choose to make any required notifications to the individuals, to
the U.S. Department of Health and Human Services Secretary (DHHS)
Secretary, and to the media, or direct Contractor to make them or any of
them.
4.8.3.2 In any case, Contractor will pay the reasonable costs of notification to
individuals, media, and governmental agencies and of other actions HCA
reasonably considers appropriate to protect HCA clients (such as paying
for regular credit watches in some cases).
4.8.3.3 Contractor will compensate HCA clients for harms caused to them by any
Breach or possible Breach.
4.8.4 Any breach of this clause may result in termination of the Contract and the demand
for disposition of all Confidential Information.
4.8.5 Contractor's obligations regarding Breach notification survive the termination of this
Contract and continue for as long as Contractor maintains the Confidential
Information and for any breach or possible breach at any time.
4.9 CONTRACTOR'S PROPRIETARY INFORMATION
Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records
Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any
specific information that is claimed by Contractor to be Proprietary Information must be
clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW,
HCA will maintain the confidentiality of Contractor's information in its possession that is
marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary
Information, HCA will notify Contractor of the request and of the date that such records will
be released to the requester unless Contractor obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order
enjoining disclosure, HCA will release the requested information on the date specified.
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4.10 COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the Contractor for the purpose of securing business.
HCA will have the right, in the event of breach of this clause by the Contractor, to annul
this Contract without liability or, in its discretion, to deduct from the contract price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
4.11 DEBAREMENT
By signing this Contract, Contractor certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded in any Washington
State or Federal department or agency from participating in transactions (debarred).
Contractor agrees to include the above requirement in any and all subcontracts into which
it enters, and also agrees that it will not employ debarred individuals. Contractor must
immediately notify HCA if, during the term of this Contract, Contractor becomes debarred.
HCA may immediately terminate this Contract by providing Contractor written notice, if
Contractor becomes debarred during the term hereof.
4.12 DISPUTES
The parties will use their best, good faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will continue without
delay to carry out their respective responsibilities under this Contract while attempting to
resolve any dispute. When a genuine dispute arises between HCA and the Contractor
regarding the terms of this Contract or the responsibilities imposed herein and it cannot be
resolved between the parties' Contract Managers, either party may initiate the following
dispute resolution process.
4.12.1 The initiating party will reduce its description of the dispute to writing and deliver it
to the responding party (email acceptable). The responding party will respond in
writing within five (5) Business Days (email acceptable). If the initiating party is not
satisfied with the response of the responding party, then the initiating party may
request that the HCA Director review the dispute. Any such request from the
initiating party must be submitted in writing to the HCA Director within five (5)
Business Days after receiving the response of the responding party. The HCA
Director will have sole discretion in determining the procedural manner in which he
or she will review the dispute. The HCA Director will inform the parties in writing
within five (5) Business Days of the procedural manner in which he or she will
review the dispute, including a timeframe in which he or she will issue a written
decision.
4.12.2 A party's request for a dispute resolution must:
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4.12.2.1 Be in writing;
4.12.2.2 Include a written description of the dispute;
4.12.2.3 State the relative positions of the parties and the remedy sought;
4.12.2.4 State the Contract Number and the names and contact information for the
parties;
4.12.3 This dispute resolution process constitutes the sole administrative remedy
available under this Contract. The parties agree that this resolution process will
precede any action in a judicial or quasi-judicial tribunal.
4.13 ENTIRE AGREEMENT
HCA and Contractor agree that the Contract is the complete and exclusive statement of
the agreement between the parties relating to the subject matter of the Contract and
supersedes all letters of intent or prior contracts, oral or written, between the parties
relating to the subject matter of the Contract, except as provided in Section 4.43,
Warranties.
4.14 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
4.14.1 This Contract is supported by federal funds that require compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency
Act). The purpose of the Transparency Act is to make information available online
so the public can see how federal funds are spent.
4.14.2 To comply with the act and be eligible to enter into this Contract, Contractor must
have a Data Universal Numbering System (DUNS®) number. A DUNS® number
provides a method to verify data about your organization. If Contractor does not
already have one, a DUNS® number is available free of charge by contacting Dun
and Bradstreet at www.dnb.com.
4.14.3 Information about Contractor and this Contract will be made available on
www.uscontractorregistration.com by HCA as required by P.L. 109-282. HCA's
Attachment 3: Federal Funding Accountability and Transparency Act Data
Collection Form, is considered part of this Contract and must be completed and
returned along with the Contract.
4.15 FORCE MAJEURE
A party will not be liable for any failure of or delay in the performance of this Contract for
the period that such failure or delay is due to causes beyond its reasonable control,
including but not limited to acts of God, war, strikes or labor disputes, embargoes,
government orders or any other force majeure event.
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4.16 FUNDING WITHDRAWN, REDUCED, OR LIMITED
If HCA determines in its sole discretion that the funds it relied upon to establish this
Contract have been withdrawn, reduced or limited, or if additional or modified conditions
are placed on such funding after the effective date of this contract but prior to the normal
completion of this Contract, then HCA, at its sole discretion, may:
4.16.1 Terminate this Contract pursuant to Section 4.40.3, Termination for Non -Allocation
of Funds;
4.16.2 Renegotiate the Contract under the revised funding conditions; or
4.16.3 Suspend Contractor's performance under the Contract upon five (5) Business
Days' advance written notice to Contractor. HCA will use this option only when
HCA determines that there is reasonable likelihood that the funding insufficiency
may be resolved in a timeframe that would allow Contractor's performance to be
resumed prior to the normal completion date of this Contract.
4.16.3.1 During the period of suspension of performance, each party will inform
the other of any conditions that may reasonably affect the potential for
resumption of performance.
4.16.3.2 When HCA determines in its sole discretion that the funding insufficiency
is resolved, it will give Contractor written notice to resume performance.
Upon the receipt of this notice, Contractor will provide written notice to
HCA informing HCA whether it can resume performance and, if so, the
date of resumption. For purposes of this subsection, "written notice" may
include email.
4.16.3.3 If the Contractor's proposed resumption date is not acceptable to HCA
and an acceptable date cannot be negotiated, HCA may terminate the
contract by giving written notice to Contractor. The parties agree that the
Contract will be terminated retroactive to the date of the notice of
suspension. HCA will be liable only for payment in accordance with the
terms of this Contract for services rendered prior to the retroactive date of
termination.
4.17 GOVERNING LAW
This Contract is governed in all respects by the laws of the state of Washington, without
reference to conflict of law principles. The jurisdiction for any action hereunder is
exclusively in the Superior Court for the state of Washington, and the venue of any action
hereunder is in the Superior Court for Thurston County, Washington. Nothing in this
Contract will be construed as a waiver by HCA of the State's immunity under the 11th
Amendment to the United States Constitution.
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4.18 HCA NETWORK SECURITY
Contractor agrees not to attach any Contractor -supplied computers, peripherals or
software to the HCA Network without prior written authorization from HCA's Chief
Information Officer. Unauthorized access to HCA networks and systems is a violation of
HCA Policy and constitutes computer trespass in the first degree pursuant to RCW
9A.52.110. Violation of any of these laws or policies could result in termination of the
contract and other penalties.
Contractor will have access to the HCA visitor Wi-Fi Internet connection while on site.
4.19 INDEMNIFICATION
Contractor must defend, indemnify, and save HCA harmless from and against all claims,
including reasonable attorneys' fees resulting from such claims, for any or all injuries to
persons or damage to property, or Breach of its confidentiality and notification obligations
under Section 4.8, Confidentiality Breach -Required Notification, arising from intentional or
negligent acts or omissions of Contractor, its officers, employees, or agents, or
Subcontractors, their officers, employees, or agents, in the performance of this Contract.
4.20 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this
Contract. Contractor and its employees or agents performing under this Contract are not
employees or agents of HCA. Contractor will not hold itself out as or claim to be an officer
or employee of HCA or of the State of Washington by reason hereof, nor will Contractor
make any claim of right, privilege or benefit that would accrue to such employee under
law. Conduct and control of the work will be solely with Contractor.
4.21 INDUSTRIAL INSURANCE COVERAGE
Prior to performing work under this Contract, Contractor must provide or purchase
industrial insurance coverage for the Contractor's employees, as may be required of an
"employer" as defined in Title 51 RCW, and must maintain full compliance with Title 51
RCW during the course of this Contract.
4.22 LEGAL AND REGULATORY COMPLIANCE
4.22.1 During the term of this Contract, Contractor must comply with all local, state, and
federal licensing, accreditation and registration requirements/standards, necessary
for the performance of this Contract and all other applicable federal, state and local
laws, rules, and regulations.
4.22.2 While on the HCA premises, Contractor must comply with HCA operations and
process standards and policies (e.g., ethics, Internet / email usage, data, network
and building security, harassment, as applicable). HCA will make an electronic
copy of all such policies available to Contractor.
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4.22.3 Failure to comply with any provisions of this section may result in Contract
termination.
4.23 LIMITATION OF AUHORITY
Only the HCA Authorized Representative has the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore,
any alteration, amendment, modification, or waiver or any clause or condition of this
Contract is not effective or binding unless made in writing and signed by the HCA
Authorized Representative.
4.24 NO THIRD -PARTY BENEFICIARIES
HCA and Contractor are the only parties to this contract. Nothing in this Contract gives or
is intended to give any benefit of this Contract to any third parties.
4.25 NONDISCRIMINATION
During the performance of this Contract, the Contractor must comply with all federal and
state nondiscrimination laws, regulations and policies, including but not limited to: Title VII
of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of
1990 (ADA), 42 U.S.C. §12101 et seq., 28 C.F.R Part 35; and Title 49.60 RCW,
Washington Law Against Discrimination. In the event of Contractor's noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be
rescinded, canceled, or terminated in whole or in part under the Termination for Default
sections, and Contractor may be declared ineligible for further contracts with HCA.
4.26 OVERPAYMENETS TO CONTRACTOR
In the event that overpayments or erroneous payments have been made to the Contractor
under this Contract, HCA will provide written notice to Contractor and Contractor will
refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor
fails to make timely refund, HCA may charge Contractor one percent (1 %) per month on
the amount due, until paid in full. If the Contractor disagrees with HCA's actions under this
section, then it may invoke the dispute resolution provisions of Section 4.12, Disputes.
4.27 PAY EQUITY
4.27.1 Contractor represents and warrants that, as required by Washington state law
(Engrossed House Bill 1109, Sec. 211), during the term of this Contract, it agrees to
equality among its workers by ensuring similarly employed individuals are
compensated as equals. For purposes of this provision, employees are similarly
employed if (i) the individuals work for Contractor, (ii) the performance of the job
requires comparable skill, effort, and responsibility, and (iii) the jobs are performed
under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed.
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4.27.2 Contractor may allow differentials in compensation for its workers based in good
faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system
that measures earnings by quantity or quality of production; (iv) bona fide job -
related factor(s); or (v) a bona fide regional difference in compensation levels.
4.27.3 Bona fide job -related factor(s)" may include, but not be limited to,
education, training, or experience, that is: (i) consistent with business necessity; (ii)
not based on or derived from a gender -based differential; and (iii) accounts for the
entire differential.
4.27.4 A "bona fide regional difference in compensation level" must be (i) consistent with
business necessity; (ii) not based on or derived from a gender -based differential;
and (iii) account for the entire differential.
4.27.5 Notwithstanding any provision to the contrary, upon breach of warranty and
Contractor's failure to provide satisfactory evidence of compliance within thirty (30)
Days of HCA's request for such evidence, HCA may suspend or terminate this
Contract.
4.28 PUBLICITY
4.28.1 The award of this Contract to Contractor is not in any way an endorsement of
Contractor or Contractor's Services by HCA and must not be so construed by
Contractor in any advertising or other publicity materials.
4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other
publicity materials relating to this Contract or any Service furnished by Contractor
in which HCA's name is mentioned, language is used, or Internet links are provided
from which the connection of HCA's name with Contractor's Services may, in
HCA's judgment, be inferred or implied. Contractor further agrees not to publish or
use such advertising, marketing, sales promotion materials, publicity or the like
through print, voice, the Web, and other communication media in existence or
hereinafter developed without the express written consent of HCA prior to such
use.
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4.29 RECORDS AND DOCUMENTS REVIEW
4.29.1 The Contractor must maintain books, records, documents, magnetic media,
receipts, invoices or other evidence relating to this Contract and the performance
of the services rendered, along with accounting procedures and practices, all of
which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Contract. At no additional cost, these records,
including materials generated under this Contract, are subject at all reasonable
times to inspection, review, or audit by HCA, the Office of the State Auditor, and
state and federal officials so authorized by law, rule, regulation, or agreement [See
42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42
C.F.R § 431, Subpart Q; and 42 C.F.R. § 447.202].
4.29.2 The Contractor must retain such records for a period of six (6) years after the date
of final payment under this Contract.
4.29.3 If any litigation, claim or audit is started before the expiration of the six (6) year
period, the records must be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.30 REMEDIES NON-EXCLUSIVE
The remedies provided in this Contract are not exclusive, but are in addition to all other
remedies available under law.
4.31 RIGHT OF INSPECTOIN
The Contractor must provide right of access to its facilities to HCA, or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Contract.
4.32 RIGHTS IN DATA/OWNERSHIP
4.32.1 HCA and Contractor agree that all data and work products (collectively "Work
Product') produced pursuant to this Contract will be considered a work for hire
under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA.
Contractor is hereby commissioned to create the Work Product. Work Product
includes, but is not limited to, discoveries, formulae, ideas, improvements,
inventions, methods, models, processes, techniques, findings, conclusions,
recommendations, reports, designs, plans, diagrams, drawings, Software,
databases, documents, pamphlets, advertisements, books, magazines, surveys,
studies, computer programs, films, tapes, and/or sound reproductions, to the extent
provided by law. Ownership includes the right to copyright, patent, register and the
ability to transfer these rights and all information used to formulate such Work
Product.
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4.32.2 If for any reason the Work Product would not be considered a work for hire under
applicable law, Contractor assigns and transfers to HCA, the entire right, title and
interest in and to all rights in the Work Product and any registrations and copyright
applications relating thereto and any renewals and extensions thereof.
4.32.3 Contractor will execute all documents and perform such other proper acts as HCA
may deem necessary to secure for HCA the rights pursuant to this section.
4.32.4 Contractor will not use or in any manner disseminate any Work Product to any third
party, or represent in any way Contractor ownership of any Work Product, without
the prior written permission of HCA. Contractor will take all reasonable steps
necessary to ensure that its agents, employees, or Subcontractors will not copy or
disclose, transmit or perform any Work Product or any portion thereof, in any form,
to any third party.
4.32.5 Material that is delivered under this Contract, but that does not originate therefrom
("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty -
free, irrevocable license to publish, translate, reproduce, deliver, perform, display,
and dispose of such Preexisting Material, and to authorize others to do so.
Contractor agrees to obtain, at its own expense, express written consent of the
copyright holder for the inclusion of Preexisting Material. HCA will have the right to
modify or remove any restrictive markings placed upon the Preexisting Material by
Contractor.
4.32.6 Contractor must identify all Preexisting Material when it is delivered under this
Contract and must advise HCA of any and all known or potential infringements of
publicity, privacy or of intellectual property affecting any Preexisting Material at the
time of delivery of such Preexisting Material. Contractor must provide HCA with
prompt written notice of each notice or claim of copyright infringement or
infringement of other intellectual property right worldwide received by Contractor
with respect to any Preexisting Material delivered under this Contract.
4.33 RIGHTS OF STATE AND FEDERAL GOVERNMENTS
In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including
but not limited to the Centers for Medicare and Medicaid Services (CMS), will have a
royalty -free, nonexclusive, and irrevocable license to reproduce, publish, translate, or
otherwise use, and to authorize others to use for Federal Government purposes: (i)
software, modifications, and documentation designed, developed or installed with Federal
Financial Participation (FFP) under 45 C.F.R. Part 95, subpart F; (ii) the Custom Software
and modifications of the Custom Software, and associated Documentation designed,
developed, or installed with FFP under this Contract; (iii) the copyright in any work
developed under this Contract; and (iv) any rights of copyright to which Contractor
purchases ownership under this Contract.
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4.34 SEVERABILITY
If any provision of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity will not affect the other provisions or
applications of this Contract that can be given effect without the invalid provision, and to
this end the provisions or application of this Contract are declared severable.
4.35 SITE SECURITY
While on HCA premises, Contractor, its agents, employees, or Subcontractors must
conform in all respects with physical, fire or other security policies or regulations. Failure to
comply with these regulations may be grounds for revoking or suspending security access
to these facilities. HCA reserves the right and authority to immediately revoke security
access to Contractor staff for any real or threatened breach of this provision. Upon
reassignment or termination of any Contractor staff, Contractor agrees to promptly notify
HCA.
4.36 SUBCONTRACTING
4.36.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of
the work contemplated under this Contract without prior written approval of HCA.
HCA has sole discretion to determine whether or not to approve any such
subcontract. In no event will the existence of the subcontract operate to release or
reduce the liability of Contractor to HCA for any breach in the performance of
Contractor's duties.
4.36.2 Contractor is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this Contract are included in any subcontracts.
4.36.3 If at any time during the progress of the work HCA determines in its sole judgment
that any Subcontractor is incompetent or undesirable, HCA will notify Contractor,
and Contractor must take immediate steps to terminate the Subcontractor's
involvement in the work.
4.36.4 The rejection or approval by the HCA of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the
Contract, nor be the basis for additional charges to HCA.
4.36.5 HCA has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations,
financial or otherwise, to its Subcontractors.
4.37 SUBRECIPIENT
4.37.1 General
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Health Care Authority HCA Contract # K4880
If the Contractor is a subrecipient (as defined in 45 C.F.R. § 75.2 and 2 C.F.R. §
200.93) of federal awards, then the Contractor, in accordance with 2 C.F.R. §
200.501 and 45 C.F.R. § 75.501, shall:
4.37.1.1 Maintain records that identify, in its accounts, all federal awards received
and expended and the federal programs under which they were received,
by Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, name of the federal agency, and name of the
pass -through entity;
4.37.1.2 Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
4.37.1.3 Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
4.37.1.4 Incorporate OMB Super Circular 2 C.F.R. § 200.501 and 45 C.F.R. §
75.501 audit requirements into all agreements between the Contractor
and its Subcontractors who are subrecipients;
4.37.1.5 Comply with any future amendments to OMB Super Circular 2 C.F.R. §
200.501 and 45 C.F.R. § 75.501 and any successor or replacement
Circular or regulation;
4.37.1.6 Comply with the applicable requirements of OMB Super Circular 2 C.F.R.
§ 200.501 and 45 C.F.R. § 75.501 and any future amendments to OMB
Super Circular 2 C.F.R. § 200.501 and 45 C.F.R. § 75.501, and any
successor or replacement Circular or regulation; and
4.37.1.7 Comply with the Omnibus Crime Control and Safe streets Act of 1968,
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX
of the Education Amendments of 1972, The Age Discrimination Act of
1975, and The Department of Justice Non -Discrimination Regulations, 28
C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39.
(Go to http://oip.4ov/about/offices/ocr.htm for additional information and
access to the aforementioned Federal laws and regulations.)
4.37.2 Single Audit Act Compliance
If the Contractor is a subrecipient and expends $750,000 or more in federal awards
from any and/or all sources in any fiscal year, the Contractor will procure and pay
for a single audit or a program -specific audit for that fiscal year. Upon completion
of each audit, the Contractor will:
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4.37.2.1 Submit to the Authority contact person the data collection form and
reporting package specified in OMB Super Circular 2 C.F.R. § 200.501
and 45 C.F.R. § 75.501, reports required by the program -specific audit
guide (if applicable), and a copy of any management letters issued by the
auditor;
4.37.2.2 Follow-up and develop corrective action for all audit findings; in
accordance with OMB Super Circular 2 C.F.R. § 200.501 and 45 C.F.R. §
75.501, prepare a "Summary Schedule of Prior Audit Findings."
4.37.3 Overpayments
4.37.3.1 If it is determined by HCA, or during the course of a required audit, that
Contractor has been paid unallowable costs under this or any Program
Agreement, Contractor will refund the full amount to HCA as provided in
Section 4.26, Overpayments to Contractors.
4.38 SURVIVAL
The terms and conditions contained in this Contract that, by their sense and context, are
intended to survive the completion, cancellation, termination, or expiration of the Contract
will survive. In addition, the terms of the sections titled Confidential Information Protection,
Confidential Information Breach — Required Notification, Contractor's Proprietary
Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents
Review, Rights in Data/Ownership, and Rights of State and Federal Governments will
survive the termination of this Contract. The right of HCA to recover any overpayments
will also survive the termination of this Contract.
4.39 TAXES
HCA will pay sales or use taxes, if any, imposed on the services acquired hereunder.
Contractor must pay all other taxes including, but not limited to, Washington Business and
Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal
property taxes levied or assessed on Contractor's personal property. HCA, as an agency
of Washington State government, is exempt from property tax.
Contractor must complete registration with the Washington State Department of Revenue
and be responsible for payment of all taxes due on payments made under this Contract.
4.40 TERMINATION
4.40.1 Termination for Default
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In the event HCA determines that Contractor has failed to comply with the terms
and conditions of this Contract, HCA has the right to suspend or terminate this
Contract. HCA will notify Contractor in writing of the need to take corrective action.
If corrective action is not taken within five (5) Business Days, or other time period
agreed to in writing by both parties, the Contract may be terminated. HCA reserves
the right to suspend all or part of the Contract, withhold further payments, or
prohibit Contractor from incurring additional obligations of funds during
investigation of the alleged compliance breach and pending corrective action by
Contractor or a decision by HCA to terminate the Contract.
In the event of termination for default, Contractor will be liable for damages as
authorized by law including, but not limited to, any cost difference between the
original Contract and the replacement or cover Contract and all administrative
costs directly related to the replacement Contract, e.g., cost of the competitive
bidding, mailing, advertising, and staff time.
If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform
was outside of its control, fault or negligence, the termination will be deemed a
"Termination for Convenience."
4.40.2 Termination for Conveinence
When, at HCA's sole discretion, it is in the best interest of the State, HCA may
terminate this Contract in whole or in part by providing ten (10) calendar days'
written notice. If this Contract is so terminated, HCA will be liable only for payment
in accordance with the terms of this Contract for services rendered prior to the
effective date of termination. No penalty will accrue to HCA in the event the
termination option in this section is exercised.
4.40.3 Termination for Nonallocation of Funds
If funds are not allocated to continue this Contract in any future period, HCA may
immediately terminate this Contract by providing written notice to the Contractor.
The termination will be effective on the date specified in the termination notice.
HCA will be liable only for payment in accordance with the terms of this Contract
for services rendered prior to the effective date of termination. HCA agrees to
notify Contractor of such nonallocation at the earliest possible time. No penalty will
accrue to HCA in the event the termination option in this section is exercised.
4.40.4 Termination for Withdrawal of Authority
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In the event that the authority of HCA to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior
to normal completion, HCA may immediately terminate this Contract by providing
written notice to the Contractor. The termination will be effective on the date
specified in the termination notice. HCA will be liable only for payment in
accordance with the terms of this Contract for services rendered prior to the
effective date of termination. HCA agrees to notify Contractor of such withdrawal of
authority at the earliest possible time. No penalty will accrue to HCA in the event
the termination option in this section is exercised.
4.40.5 Termination for Conflict of Interest
HCA may terminate this Contract by written notice to the Contractor if HCA
determines, after due notice and examination, that there is a violation of the Ethics
in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in
public acquisitions and procurement and performance of contracts. In the event
this Contract is so terminated, HCA will be entitled to pursue the same remedies
against the Contractor as it could pursue in the event Contractor breaches the
contract.
4.41 TERMINATION PROCEDURES
4.41.1 Upon termination of this Contract, HCA, in addition to any other rights provided in
this Contract, may require Contractor to deliver to HCA any property specifically
produced or acquired for the performance of such part of this Contract as has been
terminated.
4.41.2 HCA will pay Contractor the agreed -upon price, if separately stated, for completed
work and services accepted by HCA and the amount agreed upon by the
Contractor and HCA for (i) completed work and services for which no separate
price is stated; (ii) partially completed work and services; (iii) other property or
services that are accepted by HCA; and (iv) the protection and preservation of
property, unless the termination is for default, in which case HCA will determine the
extent of the liability. Failure to agree with such determination will be a dispute
within the meaning of Section 4.12, Disputes. HCA may withhold from any
amounts due the Contractor such sum as HCA determines to be necessary to
protect HCA against potential loss or liability.
4.41.3 After receipt of notice of termination, and except as otherwise directed by HCA,
Contractor must:
4.41.3.1 Stop work under the Contract on the date of, and to the extent specified
in, the notice;
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4.41.3.2 Place no further orders or subcontracts for materials, services, or facilities
except as may be necessary for completion of such portion of the work
under the Contract that is not terminated;
4.41.3.3 Assign to HCA, in the manner, at the times, and to the extent directed by
HCA, all the rights, title, and interest of the Contractor under the orders
and subcontracts so terminated; in which case HCA has the right, at its
discretion, to settle or pay any or all claims arising out of the termination
of such orders and subcontracts;
4.41.3.4 Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or ratification of
HCA to the extent HCA may require, which approval or ratification will be
final for all the purposes of this clause;
4.41.3.5 Transfer title to and deliver as directed by HCA any property required to
be furnished to HCA;
4.41.3.6 Complete performance of any part of the work that was not terminated by
HCA; and
4.41.3.7 Take such action as may be necessary, or as HCA may direct, for the
protection and preservation of the records related to this Contract that are
in the possession of the Contractor and in which HCA has or may acquire
an interest.
4.42 WAIVER
Waiver of any breach of any term or condition of this Contract will not be deemed a waiver
of any prior or subsequent breach or default. No term or condition of this Contract will be
held to be waived, modified, or deleted except by a written instrument signed by the
parties. Only the HCA Authorized Representative has the authority to waive any term or
condition of this Contract on behalf of HCA.
4.43 WARRANTIES
4.43.1 Contractor represents and warrants that it will perform all services pursuant to this
Contract in a professional manner and with high quality and will immediately re -
perform any services that are not in compliance with this representation and
warranty at no cost to HCA.
4.43.2 Contractor represents and warrants that it will comply with all applicable local,
State, and federal licensing, accreditation and registration requirements and
standards necessary in the performance of the Services.
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4.43.3 Any written commitment by Contractor within the scope of this Contract will be
binding upon Contractor. Failure of Contractor to fulfill such a commitment may
constitute breach and will render Contractor liable for damages under the terms of
this Contract. For purposes of this section, a commitment by Contractor includes:
(i) Prices, discounts, and options committed to remain in force over a specified
period of time; and (ii) any warranty or representation made by Contractor to HCA
or contained in any Contractor publications, or descriptions of services in written or
other communication medium, used to influence HCA to enter into this Contract.
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Schedule A
Statement of Work
The Contractor will provide the services and staff, and otherwise do all things necessary for or
incidental to, the performance of the Residential Substance Abuse Treatment (RSAT) program, as
described in this Statement of Work.
PURPOSE
The purpose of this Contract is to provide chemical dependency treatment for incarcerated
individuals in the Contractor's jail.
2. STATEMENT OF WORK
a) Engage incarcerated individuals in the RSAT program, both in -custody and in the
community.
Focus on incarcerated individual's substance use disorder and mental health diagnosis
and other behavioral health -related needs.
2. Use a standardized, risks and needs screening instrument to help determine program
eligibility.
3. Determine necessary services in accordance with an American Society of Addiction
Medicine (ASAM) assessment.
4. Develop the RSAT offender's cognitive, behavioral, social, vocational, and other skills
to solve the substance abuse and related problems.
5. Provide staff of a chemical dependency treatment staff certified by the State of
Washington per Washington Administrative Code (WAC) 388-805.
i. Contractors can subcontract with a known and credible behavioral
health treatment agency to best coordinate the identification of, and
treatment for, individuals who are currently in custody and in need of
behavioral health treatment.
Contractors can hire their own behavioral health staff, who hold and
maintain a Substance Use Disorder Professional license in the State
of Washington, or holds and maintain a Substance Use Disorder
Professional Trainee license AND have an approved Substance Use
Disorder Professional Supervisor, fully licensed in the state of
Washington, on staff in the facility. (Please see Title 18 RCW for
further details in licensure requirements).
6. Provide evidence -based substance use treatment.
7. Develop individualized treatment plans that are periodically update with progress and
amended accordingly
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8. Provide Medications for treatment of Opioid Use Disorder (MOUD).
b) Provide a designated housing space, separate from the general population, for RSAT
participants.
c) Require random urinalysis and/or other proven reliable forms of drug and alcohol testing
for the RSAT participants throughout the duration RSAT program.
d) Assess for aftercare needs and schedule follow-up appointments with community agencies
prior to individual's departure.
e) Prepare inmates for successful community reintegration, including scheduled and
confirmed post -release appointments for after care treatment and services.
f) Ensure each RSAT offender is enrolled in aftercare services upon their release from jail
with an outpatient community substance abuse treatment facility certified by the State of
Washington per Washington Administrative Code (WAC) 388-805.
g) Track the re -offense records of RSAT graduates for one (1) year.
3. REPORTING REQUIREMENTS
All contractors of the RSAT funding must comply with DOJ/BJA reporting requirements in
collaboration with the HCA DBHR. No personal identifiable information is collected by the HCA,
however, general demographics and numbers served/completing the program are required.
Further, HCA DBHR will request recidivism data, to include probation violation and new arrest
convictions, on the individuals served within the program.
HCA will report this information to the DOJ/BJA as part of the reporting requirements of the grant.
a) Reporting Requirements:
1. Average treatment cost per individual who receives program services.
2. Average length of stay in the program for incarcerated individuals completing the
program.
3. Number of participants carried over from the previous reporting period and number of
new participants.
4. The number of participants who successfully completed the program and number of
participants who were terminated or dropped out.
5. The number of new treatment beds and the percentage of them funded with DOJ grant.
6. The number of days of residential treatment provided.
7. The number of participants completing the program who passed drug -testing.
8. The number of participants who were screened or enrolled in Medicaid.
9. Criminal recidivism of participants who successfully completed the program.
10. Criminal recidivism of participants who were unsuccessfully discharged from the
program
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b) Narrative program analysis/evaluation reports responding to the following questions:
11. Is this treatment program linked to other programs (such as drug courts, community
intervention, aftercare, etc?) If yes, please indicate name(s) of other programs.
12. What were your accomplishments?
13. Is there any assistance that DSHS can provide to address any of the problems/barriers
you have identified here?
14. Are you on track to conduct your program as described in your plan? (Please answer
"Yes" or "No". If "No", please explain.)
4. DELIVERABLES
a) Jefferson
Deliverable
Deliverable Due Date
Payment
Refer to and/or provide
Due end of each month for
$2,000 per month
chemical dependence
the full duration on contract
Total $24,000
treatment, including
period
assessments, group
treatment, medications for
opioid use disorder, and/or
aftercare services to
incarcerated and/or newly
released individuals.
Starting October 2020 (10
individuals per month x 12
months x $2,000= $24,000)
PMT quarterly reports
January 2020
$30,500 per Quarterly
($30,500 per report x 4
April 2020
Report
reports=$122,000)
August 2021
Total $122,000
October 2021
Total
$146,000.00
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Attachment 1
Federal Compliance, Certifications, and Assurances
FEDERAL COMPLIANCE - The use of federal funds requires additional compliance and
control mechanisms to be in place. The following represents the majority of compliance
elements that may apply to any federal funds provided under this contract. For clarification
regarding any of these elements or details specific to the federal funds in this contract,
contact:Michele Gayle.
a. Source of Funds SAMHSA: This Contract is being funded partially or in full through Cooperative
Contract numbers 2017RTBX4027 and 2018J2BX4017, the full and complete terms and
provisions of which are hereby incorporated into this Contract. Federal funds to support this
Contract are identified by the Catalog of Federal Domestic Assistance (CFDA) number 16.593 in
the amount of $146,000.00The Contractor or Subrecipient is responsible for tracking and
reporting the cumulative amount expended under HCA Contract K4880.
b. Period of Availability of Funds through end of Contract term: Pursuant to 45 C.F.R. § 92.23,
Contractor or Subrecipient may charge to the award only costs resulting from obligations of the
funding period specified in 2017RTBX4027 and 2018J2BX4017 unless carryover of unobligated
balances is permitted, in which case the carryover balances may be charged for costs resulting
from obligations of the subsequent funding period. All obligations incurred under the award must
be liquidated no later than 90 days after the end of the funding period.
c. Single Audit Act: This section applies to subrecipients only. Subrecipient (including
private, for -profit hospitals and non-profit institutions) shall adhere to the federal Office of
Management and Budget (OMB) Super Circular 2 C.F.R. §200.501 and 45 C.F.R. §
75.501. A Subrecipient who expends $750,000 or more in federal awards during a given
fiscal year shall have a single or program -specific audit for that year in accordance with
the provisions of OMB Super Circular 2 C.F.R. § 200.501 and 45 C.F.R. § 75.501.
d. Modifications: This Contract may not be modified or amended, nor may any term or
provision be waived or discharged, including this particular Paragraph, except in writing,
signed upon by both parties.
1. Examples of items requiring Health Care Authority prior written approval
include, but are not limited to, the following:
i. Deviations from the budget and Project plan.
ii. Change in scope or objective of the Contract.
iii. Change in a key person specified in the Contract.
iv. The absence for more than one (1) months or a 25% reduction in time by
the Project Manager/Director.
v. Need for additional funding.
vi. Inclusion of costs that require prior approvals as outlined in the
appropriate costprinciples.
vii. Any changes in budget line item(s) of greater than twenty percent (20%) of
the total budget in this Contract.
2. No changes are to be implemented by the Sub-awardee until a written notice of
approval is received from the Health Care Authority.
e. Sub -Contracting: The Contractor or Subrecipient shall not enter into a sub -contract for
any of the work performed under this Contract without obtaining the prior written
approval of the Health Care Authority. If sub -contractors are approved by the Health
Care Authority, the subcontract, shall contain, at a minimum, sections of the Contract
pertaining to Debarred and Suspended Vendors, Lobbying certification, Audit
requirements, and/or any other project Federal, state, and local requirements.
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f. Condition for Receipt of Health Care Authority Funds: Funds provided by Health Care
Authority to the Contractor or Subrecipient under this Contract may not be used by the
Contractor or Subrecipient as a match or cost -sharing provision to secure other federal
monies without prior written approval by the Health Care Authority.
g. Unallowable Costs: The Contractor or Subrecipient's expenditures shall be subject to
reduction for amounts included in any invoice or prior payment made which determined
by HCA not to constitute allowable costs on the basis of audits, reviews, or monitoring of
this Contract.
h. Supplanting Compliance: SABG: If SABG funds support this Contract, the Block Grant
will not be used to supplant State funding of alcohol and other drug prevention and
treatment programs. (45 C.F.R. § section 96.123(a)(10)).
i. Citizenship/Alien Verification/Determination: The Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996 (PL 104-193) states that federal
public benefits should be made available only to U.S. citizens and qualified aliens.
Entities that offer a service defined as a "federal public benefit" must make a
citizenship/qualified alien determination/ verification of applicants at the time of
application as part of the eligibility criteria. Non -US citizens and unqualified aliens are
not eligible to receive the services. PL 104-193 also includes specific reporting
requirements.
j. Federal Compliance: The Contractor or Subrecipient shall comply with all applicable
State and Federal statutes, laws, rules, and regulations in the performance of this
Contract, whether included specifically in this Contract or not.
k. Civil Rights and Non -Discrimination Obligations: During the performance of this
Contract, the Contractor or Subrecipient shall comply with all current and future federal
statutes relating to nondiscrimination. These include but are not limited to: Title VI of the
Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of 1972 (20
U.S.C. §§ 1681-1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101- 6107), the Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and
290ee-3), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the
Americans with Disability Act (42 U.S.C., Section 12101 et seq.)
http://www. hhs.gov/ocr/civilrights.
HCA Federal Compliance Contact Information
Federal Grants and Budget Specialist Health Care Policy
Washington State Health Care Authority
Post Office Box 42710
Olympia, Washington 98504-2710
CIRCULARS 'COMPLIANCE MATRIX' - The following compliance matrix identifies the
OMB Circulars that contain the requirements which govern expenditure of federal funds.
These requirements apply to the Washington State Health Care Authority (HCA), as the
primary recipient of federal funds and then follow the funds to the sub-awardee, Jefferson
County Jail. The federal Circulars which provide the applicable administrative
requirements, cost principles and audit requirements are identified by sub-awardee
organization type.
OMB CIRCULAR
ENTITY TYPE
ADMINISTRATIVE
REQUIREMENTS
COST
PRINCIPLES
AUDIT REQUIREMENTS
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State. Local and Indian OMB Super Circular 2 C.F.R. § 200.501 and 45 C.F.R. § 75.501
Tribal Governments and
Governmental Hospitals
Non -Profit
Organizations and Non -
Profit Hospitals
Colleges or Universities
and Affiliated Hospitals
For -Profit Organizations
III. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the
Assurances, Certifications, and Special Conditions that apply to all federally funded (in
whole or in part) Contracts administered by the Washington State Health Care Authority.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: The
undersigned (authorized official signing for the contracting organization) certifies to
the best of his or her knowledge and belief, that the contractor, defined as the
primary participant in accordance with 45 C.F.R. § Part 76, and its principals: are not
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or
agency have not within a 3-year period preceding this contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property; are not presently indicted or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in Section 2 of this certification; and have not within a 3-year
period preceding this contract had one or more public transactions (Federal, State,
or local) terminated for cause or default.
Should the Contractor or Subrecipient not be able to provide this certification, an explanation
as to why should be placed after the assurances page in the contract.
The contractor agrees by signing this contract that it will include, without modification, the
clause above certification in all lower tier covered transactions (i.e., transactions with sub -
grantees and/or contractors) and in all solicitations for lower tier covered transactions in
accordance with 45 C.F.R. § Part 76.
b. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS: The
undersigned (authorized official signing for the contracting organization) certifies that the
contractor will, or will continue to, provide a drug -free workplace in accordance with 45 C. F. R.
§ Part 76 by:
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition; Establishing an ongoing drug -free
awareness program to inform employees about
i. The dangers of drug abuse in the workplace;
ii. The contractor's policy of maintaining a drug -free workplace;
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iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
2. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by paragraph (1) above;
3. Notifying the employee in the statement required by paragraph (1), above, that, as a
condition of employment under the contract, the employee Will-
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5) calendar
days after such conviction;
4. Notifying the agency in writing within ten calendar days after receiving notice under
paragraph (111)(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every contract officer or other designee on whose contract activity the
convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification number(s)
of each affected grant;
5. Taking one of the following actions, within thirty (30) calendar days of receiving notice
under paragraph (III) (b), with respect to any employee who is so convicted—
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate agency;
6. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (1) through (V).
For purposes of paragraph (V) regarding agency notification of criminal drug convictions, Authority
has designated the following central point for receipt of such notices:
Legal Services Manager
WA State Health Care Authority
PO Box 42700
Olympia, WA 98504-2700
c. CERTIFICATION REGARDING LOBBYING: Title 31, United States Code, Section 1352,
entitled "Limitation on use of appropriated funds to influence certain Federal contracting and
financial transactions," generally prohibits recipients of Federal grants and cooperative
Contracts from using Federal (appropriated) funds for lobbying the Executive or Legislative
Branches of the Federal Government in connection with a SPECIFIC grant or cooperative
Contract. Section 1352 also requires that each person who requests or receives a Federal
grant or cooperative Contract must disclose lobbying undertaken with non -Federal
(nonappropriated) funds. These requirements apply to grants and cooperative Contracts
EXCEEDING $100,000 in total costs (45 C.F.R. § Part 93).
Washington State 40 RSAT
Health Care Authority HCA Contract # K4880
The undersigned (authorized official signing for the contracting organization) certifies, to the
best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative Contract, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative Contract.
2. If any funds other than Federally appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative Contract, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions. (If needed,
Standard Form-LLL, "Disclosure of Lobbying Activities," its instructions, and
continuation sheet are included at the end of this application form.)
3. The undersigned shall require that the language of this certification be included in the
award documents for all subcontracts at all tiers (including subcontracts, subcontracts,
and contracts under grants, loans and cooperative Contracts) and that all sub -
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
d. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA): The
undersigned (authorized official signing for the contracting organization) certifies that the
statements herein are true, complete, and accurate to the best of his or her knowledge, and
that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject
him or her to criminal, civil, or administrative penalties. The undersigned agrees that the
contracting organization will comply with the Public Health Service terms and conditions of
award if a contract is awarded.
e. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE: Public Law 103-
227, also known as the Pro -Children Act of 1994 (Act), requires that smoking not be
permitted in any portion of any indoor facility owned or leased or contracted for by an entity
and used routinely or regularly for the provision of health, day care, early childhood
development services, education or library services to children under the age of 18, if the
services are funded by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to
children's services that are provided in indoor facilities that are constructed, operated, or
maintained with such Federal funds. The law does not apply to children's services provided
in private residence, portions of facilities used for inpatient drug or alcohol treatment, service
providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities
where WIC coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil
monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity.
Washington State 41 RSAT
Health Care Authority HCA Contract # K4880
By signing the certification, the undersigned certifies that the contracting organization will
comply with the requirements of the Act and will not allow smoking within any portion of any
indoor facility used for the provision of services for children as defined by the Act.
The contracting organization agrees that it will require that the language of this certification be
included in any subcontracts which contain provisions for children's services and that all sub -
recipients shall certify accordingly.
The Public Health Services strongly encourages all recipients to provide a smoke -free
workplace and promote the non-use of tobacco products. This is consistent with the
PHS mission to protect and advance the physical and mental health of the American
people.
f. CERTIFICATION REGARDING OTHER RESPONSIBILITY MATTERS
1. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective contractor shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective contractor to furnish a certification or
an explanation shall disqualify such person from participation in this transaction.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective contractor knowingly
rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for
cause of default.
3. The prospective contractor shall provide immediate written notice to the department
or agency to whom this contract is submitted if at any time the prospective contractor
learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549.
You may contact the person to whom this contract is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective contractor agrees by submitting this contract that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by Authority.
6. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
7. Except for transactions authorized under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, HCA may terminate this transaction for cause or default.
Washington State 42 RSAT
Health Care Authority HCA Contract # K4880
CONTRACTOR SIGNATURE REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE
Please also print or type name:
ORGANIZATION NAME: (if applicable) I DATE
Washington State 43 RSAT
Health Care Authority HCA Contract # K4880
Attachment 2
Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form
This Contract is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency
Act (FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public
can see how federal funds are spent.
To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering
System (DUNS®) number. A DUNS® number provides a method to verify data about your organization. If you do not already
have one, you may receive a DUNS® number free of charge by contacting Dun and Bradstreet at www.dnb.com.
Required Information about your organization and this contract will be made available on USASpending.gov by HCA as required
by P.L. 109-282. As a tool to provide the information, HCA encourages registration with the Central Contractor Registry (CCR)
because less data entry and re-entry is required by both HCA and your organization. You may register with CCR on-line at
httl)s://www.uscontractorregistration.com/.
CONTRACTOR
Legal Name
DUNS Number
Principle Place of Performance
Congressional District
3b. City
State
3d. Zip+4
Country
Are you registered in CCR(hftps://www.uscontractorregistration.com/)? DYES (skip to page 2. Sign, date and return) ONO
In the preceding fiscal year did your organization:
Receive 80% or more of annual gross revenue from procurement federal contracts, Subcontracts, grants, loans, sub -grants, and/or
cooperative agreements; and
$25,000,000 or more in annual gross revenues from federal procurement contracts, Subcontracts, grants, loans, subgrants, and/or
cooperative agreements; and
The public does not have access to information about the compensation of the executives through periodic reports filed with the IRS
or the Security and Exchange Commission per 2 C.F.R. § Part 170.330
❑ NO (skip the remainder of this section - Sign, date and return)
❑ YES (You must report the names and total compensation of the top 5 highly compensated officials of your organization).
Name Of Official
Total Compensation
1.
2.
3.
4.
5.
Note: "Total compensation" means the cash and noncash dollar value earned by the executive during the sub -recipient's past fiscal
year of the following (for more information see 17 C.F.R. § 229.402 (c) (2))
By signing this document, the Contractor Authorized Representative attests to the information.
Washington State 44 RSAT
Health Care Authority HCA Contract # K4880
HCA will not endorse the Contractor's sub -award until this form is completed and returned.
FOR HEA WEAUTHORITY USE ONLY
HCA Contract Number: K4880
Sub -award Project Description (see instructions and examples below)
Residential Substance Abuse Treatment for State Prisoners
Contractor to provide chemical dependency treatment for incarcerated individuals in the Contractor's jail.
Instructions for Sub -award Project Description:
In the first line of the description provide a title for the sub -award that captures the main purpose of
the Subrecipients work. Then, indicate the name of the Subrecipient and provide a brief description
that captures the overall purpose of the sub -award, how the funds will be used, and what will be
accomplished.
Example of a Sub -award Project Description:
Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical
assistance to chemical dependency centers to assist the centers to integrate tobacco use into their
existing addiction treatment programs. Funds will also be used to assist centers in creating tobacco
free treatment environments
Signature of Contractor Authorized Representative I Date
Washington State 45 RSAT
Health Care Authority HCA Contract # K4880
Attachment 3
Federal Award Identification for Subrecipients (reference 2 CFR 200.331)
Residential Substance Abuse Treatment for State Prisoners
(i)
Subrecipient name (which must match the name
Jefferson County Jail
associated with its unique entity identifier);
(ii)
Subrecipient's unique entity identifier; (DUNS)
6194374
(iii)
Federal Award Identification Number (FAIN);
2017RTBX4027
2018J2BX4017
(iv)
Federal Award Date (see §200.39 Federal award date);
09/28/19
(v)
Subaward Period of Performance Start and End Date;
10/l/20-9/30/21
(vi)
Amount of Federal Funds Obligated by this action;
$146,000
(vii) Total Amount of Federal Funds Obligated to the
$146,000
subrecipient;
(xiii) Total Amount of the Federal Award;
$161,062
(ix)
Federal award project description, as required to be
Residential Substance Abuse Treatment for
responsive to the Federal Funding Accountability and
State Prisoners
Transparency Act (FFATA);
(x)
Name of Federal awarding agency, pass -through entity,
SAMHSA
and contact information for awarding official,
WA State Health Care Authority
Keri Waterland, Assistant Director DBHR
626 8th Ave SE; Olympia, WA 98504-5330
Keri. waterlandkhca. wa.gov
(xi)
CFDA Number and Name; the pass -through entity must
16.593
identify the dollar amount made available under each
Federal award and the CFDA number at time of
disbursement;
(xii)
Identification of whether the award is R&D; and
❑ Yes ® No
(xiii) Indirect cost rate for the Federal award (including if the
de minimus (10%)
de minimis rate is charged per §200.414 Indirect (F&A)
costs).
Washington State 46 RSAT
Health Care Authority HCA Contract # K4880