HomeMy WebLinkAbout020121_ca05JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: David Fortino, Jail Superintendent
DATE:
SUBJECT: AGREEMENT re: Opioid Treatment Network; In the Amount
of $393,400; Jefferson County Sheriffs Office/Jail; Washington State
Health Care Authority
STATEMENT OF ISSUE:
AGREEMENT re: Opioid Treatment Network; In the Amount $393,400; Jefferson County Sheriff's
Office/Jail; Washington State Health Care Authority
ANALYSIS:
This agreement with WA State Health Care Authority continues to fund an Opioid Treatment Network at the
Jefferson County Jail. This is the second iteration of the federally funded, State grant managed by the Health
Care Authority and is for a period of one year with option of renewal.
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 $393,4000.
RECOMMENDATION:
Approve AGREEMENT re: Opioid Treatment Network; In the Amount $393,400; Jefferson County
Sheriff's Office/Jail; Washington State Health Care Authority
REVI BY:,
1 Philip' Morley; amfristrator
Date
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
HCA Contract Number: K4868
Washington State
CLIENT SERVICES CONTRACT
Resulting from Solicitation Number
Health Care uthority
for
Opioid Treatment Network
(If applicable: NA
Contractor/Vendor Contract
Number:
THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Jefferson
County, (Contractor).
CONTRACTOR NAME
CONTRACTOR DOING BUSINESS AS (DBA)
Jefferson County
Sheriffs Office
CONTRACTOR Street
City
State
Zip Code
79 Elkins Road;
Port Hadlock
WA
98339-9700
CONTRACTOR CONTACT
CONTRACTOR TELEPHONE
CONTRACTOR E-MAIL ADDRESS
David Fortino
360-344-9734
dfortino@co.jefferson.wa.us
Is Contractor a Subrecipient under this Contract?
CFDA NUMBER(S):
FFATA Form
®YES ❑NO
93.788
®YES ❑
HCA PROGRAM
State Opioid Response
HCA CONTACT NAME AND TITLE
Amy Dura, State Opioid Response Treatment Manager
HCA CONTACT TELEPHONE
(360) 725-2019
HCA DIVISION/SECTION
DBHR/SUD Treatment
HCA CONTACT ADDRESS
Health Care Authority
626 8th Avenue SE
PO Box 42730
Olympia, WA 98504-2730
HCA CONTACT E-MAIL ADDRESS
amy.dura(@hca.wa.gov
CONTRACT START DATE I CONTRACT END DATE I TOTAL MAXIMUM CONTRACT AMOUNT
9/30/2020 19/29/2021 I $393,400
PURPOSE OF CONTRACT:
To create a strong treatment and recovery support referral network and increase access to and utilization of
MOUD care.
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
HCA SIGNATURE
PRINTED NAME AND TITLE
DATE
oocuSigned by:
Rachelle Amerine
11 /23/2020
Contracts Administrator
`71E17FEBBC774E7_.
Rev 5/6/2019
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
TABLE OF CONTENTS
1. STATEMENT OF WORK (SOW)........................................................................................ 5
2. DEFINITIONS..................................................................................................................... 5
3. SPECIAL TERMS AND CONDITIONS............................................................................... 8
3.1
PERFORMANCE EXPECTATIONS............................................................................. 8
3.2
TERM..........................................................................................................................
8
3.3
COMPENSATION........................................................................................................9
3.4
INVOICE AND PAYMENT...........................................................................................
9
3.5
CONTRACTOR AND HCA CONTRACT MANAGERS ................................................. 9
3.6
LEGAL NOTICES.......................................................................................................10
3.7
INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE ..................11
3.8
INSURANCE...............................................................................................................11
4. GENERAL
TERMS AND CONDITIONS............................................................................13
4.1
ACCESS TO DATA.....................................................................................................13
4.2
ADVANCE PAYMENT PROHIBITED..........................................................................13
4.3
AMENDMENTS..........................................................................................................13
4.4
ASSIGNMENT............................................................................................................13
4.5
ATTORNEYS' FEES...................................................................................................14
4.6
CHANGE IN STATUS.................................................................................................14
4.7
CONFIDENTIAL INFORMATION PROTECTION........................................................14
4.8
CONFIDENTIAL INFORMATION SECURITY.............................................................15
4.9
CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION................15
4.10
CONTRACTOR'S PROPRIETARY INFORMATION...................................................16
4.11
COVENANT AGAINST CONTINGENT FEES.............................................................16
4.12
DEBARMENT.............................................................................................................16
4.13
DISPUTES..................................................................................................................17
4.14
ENTIRE AGREEMENT...............................................................................................17
4.15
FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA)...........
18
4.16
FORCE MAJEURE.....................................................................................................18
4.17
FUNDING WITHDRAWN, REDUCED OR LIMITED...................................................18
4.18
GOVERNING LAW.....................................................................................................19
Washington State 2 Opioid Treatment
Network
Health Care Authority HCA Contract
#K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.19
INDEMNIFICATION....................................................................................................19
4.20
INDEPENDENT CAPACITY OF THE CONTRACTOR................................................19
4.21
INDUSTRIAL INSURANCE COVERAGE....................................................................20
4.22
LEGAL AND REGULATORY COMPLIANCE..............................................................20
4.23
LIMITATION OF AUTHORITY....................................................................................20
4.24
NO THIRD -PARTY BENEFICIARIES..........................................................................20
4.25
NONDISCRIMINATION..............................................................................................20
4.26
OVERPAYMENTS TO CONTRACTOR......................................................................21
4.27
PAY EQUITY..............................................................................................................21
4.28
PUBLICITY.................................................................................................................21
4.29
RECORDS AND DOCUMENTS REVIEW...................................................................22
4.30
REMEDIES NON-EXCLUSIVE...................................................................................22
4.31
RIGHT OF INSPECTION............................................................................................22
4.32
RIGHTS IN DATA/OWNERSHIP................................................................................22
4.33
RIGHTS OF STATE AND FEDERAL GOVERNMENTS..............................................24
4.34
SEVERABILITY..........................................................................................................24
4.35
SITE SECURITY.........................................................................................................24
4.36
SUBCONTRACTING..................................................................................................24
4.37
SUBRECIPIENT.........................................................................................................25
4.38
SURVIVAL..................................................................................................................26
4.39
TAXES........................................................................................................................26
4.40
TERMINATION...........................................................................................................27
4.41
TERMINATION PROCEDURES.................................................................................28
4.42
WAIVER.....................................................................................................................29
4.43
WARRANTIES............................................................................................................29
Attachments
Attachment 1: Confidential Information Security Requirements
Attachment 2: Federal Compliance, Certifications and Assurances
Attachment 3: Federal Funding Accountability and Transparency Act Data Collection
Form (FFATA)
Attachment 4: SAMHSA Award Terms
Washington State 3 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Schedules
Schedule A: Statement of Work (SOW) SOR Opioid Treatment Networks
Exhibits
Exhibit A: Special Terms Definitions
Exhibit B: 15 Principal CLAS Standard
Washington State 4 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Contract #K4865 for Opioid Treatment Services
NOW THEREFORE, HCA and Jefferson County enter into this Contract, the terms and
conditions of which will govern Contractor's providing to HCA a strong treatment and recovery
support referral network and increase access to and utilization of MOUD Services.
IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as
follows:
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 CFR 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.
"CFR" means the Code of Federal Regulations. All references in this Contract to CFR
chapters or sections include any successor, amended, or replacement regulation. The CFR
may be accessed at http://www.ecfr.gov/cqi-bin/ECFR?paqe=browse.
"Community" means an approved geographic area within school district boundaries, or within
High School Attendance Areas (HSAA) and their feeder schools.
"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,
Washington State 5 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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, 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 CFR 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.
"Encrypt" means to encode confidential information into a format that can only be read by
those possessing a "key"; a password, digital certificate or other mechanism available only to
authorized users. Encryption must use a key length of at least 128 bits.
"Ensure" means to make sure that something will happen or will be available within the
resources identified in the Consideration.
"Fiscal/Program Requirements" means the Supplementary Instructions and Fiscal Policy
Standards for Reimbursable Costs as used by HCA, located at: https://www.hca.wa.gov/billers-
providers-partners/prior-authorization-claims-and-billing/provider-billing-guides-and-fee-
SrhP(il1lP.S4t_
"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.
Washington State 6 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
"OMB" means the Office of Management and Budget of the executive office of the president of
the United States.
"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.
"Program Income" means gross income earned by the non -Federal entity that is directly
generated by a supported activity or earned as a result of the Federal award during the period
of performance.
"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.
"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 CFR 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 CFR 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.-gov/rcw/.
"Regulation" means any federal, state, or local regulation, rule, or ordinance.
"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" shall have the meaning given 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.
"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/
Washington State 7 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
"Vendor" means a dealer, distributor, merchant, or other seller providing goods or services
that are required for the conduct of a federal program. These goods or services may be for an
organization's own use or for the use of beneficiaries of the federal program. See OMB circular
a-133 for additional details.
"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.aov/wac/.
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 September 30, 2020, or date of
last signature, whichever is later, and continue through September 29, 2021,
unless terminated sooner as provided herein.
3.2.2 This Contract may be extended in whatever time increments HCA deems
appropriate. No change in terms and conditions will be permitted during these
extensions unless specifically agreed to in writing.
Washington State 8 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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 $393,400, and includes any allowable expenses.
3.3.2 Federal funds disbursed through this Contract were received by HCA through OMB
Catalogue of Federal Domestic Assistance (CFDA) Number: 93.788, SAMHSA
Center for Substance Abuse Treatment, 1 H79TIO83286-01, Washington State
Opioid Response II (SOR II) Grant. Contractor agrees to comply with applicable
rules and regulations associated with these federal funds and has signed
Attachment 2: Federal Compliance, Certification and Assurances, attached.
3.4 INVOICE AND PAYMENT
3.4.1 Invoice System
a. The Contractor must submit invoices using State Form A-19 Invoice Voucher, or
such other form as designated by HCA. Consideration for services rendered will
be payable upon receipt of properly completed invoices submitted to
amy.dura(aD-hca.wa.gov.
b. Invoices must be submitted only once per month and must include the HCA
Contract number in the subject line of the email
c. Submit invoices for costs due and payable under this Contract that were incurred
prior to the expiration date within ninety (90) days of the date services were
provided
d. Additional requirements as outlined in Schedule A: Statement of Work
3.5 CONTRACTOR AND HCA CONTRACT MANAGERS
3.5.1 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.
3.5.2 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
Washington State 9 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
accept or reject the services provided and must approve Contractor's invoices prior
to payment.
3.5.3 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:
Amy Dura
Title:
Lieutenant
Title:
State Opioid Response
Treatment Manager
Address:
79 Elkins Road; Port Hadlock,
Address:
Post Office Box 45330;
WA 98339-9700
Olympia, WA 98504-5330
Phone:
360-344-9734
Phone:
(360) 725-2019
Email:
dfortino@co.jefferson.wa.us
Email:
amy.duraCa-_)hca.wa.gov
3.6 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.
3.6.1 In the case of notice to the Contractor:
David Fortino, Lieutenant
Jefferson County, dba Sheriffs Office
79 Elkins Road;
Port Hadlock, WA 98339-9700
3.6.2 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 c(D.hca.wa.gov
3.6.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever
is earlier.
Washington State 10 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
3.6.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
3.7 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:
3.7.1 Applicable Federal and State of Washington statutes and regulations;
3.7.2 Recitals
3.7.3 Special Terms and Conditions;
3.7.4 General Terms and Conditions;
3.7.5 Attachment 1: Confidential Information Security Requirements;
3.7.6 Attachment 2: Federal Compliance, Certifications and Assurances;
3.7.7 Attachment 3: Federal Funding Accountability and Transparency Act Data
Collection Form;
3.7.8 Attachment 4: SAMHSA Award Terms;
3.7.9 Schedule A(s): Statement(s) of Work;
3.7.10 Exhibit A: Special Terms Definitions;
3.7.11 Exhibit B: 15 CLAS Principals; and
3.7.12 Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
3.8 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:
3.8.1 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
Washington State 11 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
responsible for ensuring that any Subcontractors provide adequate insurance
coverage for the activities arising out of subcontracts.
3.8.2 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.
3.8.3 Professional Liability Errors and Omissions — Provide a policy with coverage of not
less than $1 million per claim/$2 million general aggregate.
3.8.4 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.
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.
3.8.5 The Receiving Party certifies that it is self -insured, is a member of a risk pool, or
maintains the types and amounts of insurance identified above and will provide
certificates of insurance to that effect to HCA upon request.
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.
3.8.6 Privacy Breach Response Coverage. Contractor must maintain insurance to cover
costs incurred in connection with a Breach, or potential Breach, including:
3.8.6.1 Computer forensics assistance to assess the impact of the Breach or
potential Breach, determine root cause, and help determine whether and
Washington State 12 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
the extent to which notification must be provided to comply with Breach
notification laws.
3.8.6.2 Notification and call center services for individuals affected by a Breach.
3.8.6.3 Breach resolution and mitigation services for individuals affected by a
Breach, including fraud prevention, credit monitoring and identity theft
assistance.
3.8.6.4 Regulatory defense, fines and penalties from any claim in the form of a
regulatory proceeding resulting from a violation of any applicable privacy
or security law(s) or regulation(s).
The policy must be maintained for the term of this Agreement and three (3) years following
its termination.
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,
Washington State 13 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
4.6 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 INFORMATION 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 (See Attachment 1: Confidential Information
Security Requirements).
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
Washington State 14 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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 SECURITY
The federal government, including the Centers for Medicare and Medicaid Services
(CMS), and the State of Washington all maintain security requirements regarding privacy,
data access, and other areas. Contractor is required to comply with the Confidential
Information Security Requirements set out in Attachment 1 to this Contract and
appropriate portions of the Washington OCIO Security Standard, 141.10
(https://ocio.wa.gov/policies/141-securing-information-technology-assets/l4110-securing-
information-technology-assets).
4.9 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION
4.9.1 Contractor must notify the HCA Privacy Officer (PrivacyOfficer(@_hca.wa.gov) within
five Business Days of discovery of any Breach or suspected Breach of Confidential
Information.
4.9.2 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.
4.9.3 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:
4.9.3.1 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.
4.9.3.2 In any case, Contractor will pay the reasonable costs of notification to
individuals, media, and governmental agencies and of other actions HCA
Washington State 15 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
reasonably considers appropriate to protect HCA clients (such as paying
for regular credit watches in some cases).
4.9.3.3 Contractor will compensate HCA clients for harms caused to them by any
Breach or possible Breach.
4.9.4 Any breach of this clause may result in termination of the Contract and the demand
for return or disposition (Attachment 1, Section 6) of all Confidential Information.
4.9.5 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.
4.10 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.
4.11 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.
4.12 DEBARMENT
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.
Washington State 16 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.13 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.
4.13.1 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.
4.13.2 A parry's request for a dispute resolution must:
4.13.2.1 Be in writing;
4.13.2.2 Include a written description of the dispute;
4.13.2.3 State the relative positions of the parties and the remedy sought;
4.13.2.4 State the Contract Number and the names and contact information for the
parties;
4.13.3 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.
4.14 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.
Washington State 17 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.16 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA)
4.15.1 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.
4.15.2 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.
4.15.3 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.
4.16 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.
4.17 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:
4.17.1 Terminate this Contract pursuant to Section 4.40.3, Termination for Non -Allocation
of Funds;
4.17.2 Renegotiate the Contract under the revised funding conditions; or
4.17.3 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.
Washington State 18 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.17.3.1 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.
4.17.3.2 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.
4.17.3.3 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.
4.18 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.
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 Confidential Information Protection and Section 4.9 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.
Washington State 19 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
4.22.3 Failure to comply with any provisions of this section may result in Contract
termination.
4.23 LIMITATION OF AUTHORITY
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.
4.26 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 CFR 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.
Washington State 20 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.26 OVERPAYMENTS 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 4.13 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.
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.
Washington State 21 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
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 CFR 431,
Subpart Q; and 42 CFR 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 INSPECTION
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.
Washington State 22 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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, surreys,
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.
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.
Washington State 23 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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 CFR 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.
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.
Washington State 24 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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
If the Contractor is a subrecipient (as defined in 45 CFR 75.2 and 2 CFR 200.93)
of federal awards, then the Contractor, in accordance with 2 CFR 200.501 and 45
CFR 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 CFR 200.501 and 45 CFR 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 CFR
200.501 and 45 CFR 75.501 and any successor or replacement Circular
or regulation;
4.37.1.6 Comply with the applicable requirements of OMB Super Circular 2 CFR
200.501 and 45 CFR 75.501 and any future amendments to OMB Super
Circular 2 CFR 200.501 and 45 CFR 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.
Washington State 25 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
(Go to http://oip.aov/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:
4.37.2.1 Submit to the Authority contact person the data collection form and
reporting package specified in OMB Super Circular 2 CFR 200.501 and
45 CFR 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 CFR 200.501 and 45 CFR
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.
Washington State 26 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.40 TERMINATION
4.40.1 TERMINATION FOR DEFAULT
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 CONVENIENCE
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
Washington State 27 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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 4.13 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:
Washington State 28 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4.41.3.1 Stop work under the Contract on the date of, and to the extent specified
in, the notice;
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.
Washington State 29 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
Washington State 30 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Attachment 1
Confidential Information Security Requirements
Definitions
In addition to the definitions set out in Section 2 of this Contract K4868 for Opioid Treatment
Network Services, the definitions below apply to this Attachment.
a. "Hardened Password" means a string of characters containing at least three of the following
character classes: upper case letters; lower case letters; numerals; and special characters,
such as an asterisk, ampersand or exclamation point.
Passwords for external authentication must be a minimum of 10 characters long.
Passwords for internal authentication must be a minimum of 8 characters long.
iii. Passwords used for system service or service accounts must be a minimum of 20
characters long.
b. "Portable/Removable Media" means any Data storage device that can be detached or
removed from a computer and transported, including but not limited to: optical media (e.g.
CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC).
c. "Portable/Removable Devices" means any small computing device that can be transported,
including but not limited to: hand helds/PDAs/S martpho nes; Ultramobile PC's, flash memory
devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet
computers. If used to store Confidential Information, devices should be Federal Information
Processing Standards (FIPS) Level 2 compliant.
d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas
may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a
room, as long as access to the Confidential Information is not available to unauthorized
personnel.
e. "Transmitting" means the transferring of data electronically, such as via email, SFTP,
webservices, AWS Snowball, etc.
"Trusted System(s)" means the following methods of physical delivery: (1) hand -delivery by a
person authorized to have access to the Confidential Information with written
acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or
USPS delivery services that include Tracking, such as Certified Mail, Express Mail or
Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer
tracking and receipt confirmation; and (4) the Washington State Campus mail system. For
electronic transmission, the Washington State Governmental Network (SGN) is a Trusted
System for communications within that Network.
Washington State 31 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 1: Confidential Information Security Requirements
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
g. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase, or other mechanism, authenticates a user to an
information system.
2. Confidential Information Transmitting
a. When transmitting HCA's Confidential Information electronically, including via email, the
Data must be encrypted using NIST 800-series approved algorithms
(http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public
internet.
b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party
must use a Trusted System.
3. Protection of Confidential Information
The Contractor agrees to store Confidential Information as described:
a. Data at Rest:
Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will
be stored and protected independently of the data. Access to the Data will be restricted
to Authorized Users through the use of access control lists, a Unique User ID, and a
Hardened Password, or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards. Systems which contain or provide
access to Confidential Information must be located in an area that is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
Data stored on Portable/Removable Media or Devices:
• Confidential Information provided by HCA on Removable Media will be encrypted
with NIST 800-series approved algorithms. Encryption keys will be stored and
protected independently of the Data.
• HCA's data must not be stored by the Receiving Party on Portable Devices or
Media unless specifically authorized within the Data Share Agreement. If so
authorized, the Receiving Party must protect the Data by:
1. Encrypting with NIST 800-series approved algorithms. Encryption keys will
be stored and protected independently of the data;
2. Control access to the devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical token or
biometrics;
3. Keeping devices in locked storage when not in use;
Washington State 32 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 1: Confidential Information Security Requirements
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
4. Using check-in/check-out procedures when devices are shared;
5. Maintain an inventory of devices; and
6. Ensure that when being transported outside of a Secured Area, all devices
with Data are under the physical control of an Authorized User.
b. Paper documents. Any paper records containing Confidential Information must be protected
by storing the records in a Secured Area that is accessible only to authorized personnel.
When not in use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
4. Confidential Information Segregation
HCA Confidential Information received under this Contract must be segregated or otherwise
distinguishable from non-HCA data. This is to ensure that when no longer needed by the
Contractor, all HCA Confidential Information can be identified for return or destruction. It also
aids in determining whether HCA Confidential Information has or may have been compromised
in the event of a security Breach.
a. The HCA Confidential Information must be kept in one of the following ways:
on media (e.g. hard disk, optical disc, tape, etc.) which will contain only HCA Data;
or
in a logical container on electronic media, such as a partition or folder dedicated to
HCA's Data; or
iii. in a database that will contain only HCA Data; or
iv. within a database and will be distinguishable from non-HCA Data by the value of a
specific field or fields within database records; or
V. when stored as physical paper documents, physically segregated from non-HCA
Data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate HCA Confidential Information from non-
HCA data, then both the HCA Confidential Information and the non-HCA data with which it
is commingled must be protected as described in this Attachment.
5. Confidential Information Shared with Subcontractors
If HCA Confidential Information provided under this Contract is to be shared with a
Subcontractor, the contract with the Subcontractor must include all of the Confidential
Information Security Requirements.
Washington State 33 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 1: Confidential Information Security Requirements
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
6. Confidential Information Disposition
When the Confidential Information is no longer needed, except as noted below, the Confidential
Information must be returned to HCA or destroyed. Media are to be destroyed using a method
documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.htmi).
a. For HCA's Confidential Information stored on network disks, deleting unneeded
Confidential Information is sufficient as long as the disks remain in a Secured Area and
otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential
Information as outlined in this section of this Attachment may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secured Area.
Washington State 34 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 1: Confidential Information Security Requirements
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
ATTACHMENT 2
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: Amy Dura.
a. Source of Funds SOR II: This Contract is being funded partially or in full through Cooperative
Contract number 1H79TI083286-01, 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 93.788 in the amount of $393,400. The
Contractor or Subrecipient is responsible for tracking and reporting the cumulative amount
expended under HCA Contract K4868.
b. Period of Availability of Funds SOR Il: Pursuant to 45 CFR 92.23, Contractor or Subrecipient may
charge to the award only costs resulting from obligations of the funding period specified in
1 H79TIO83286-01 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 CFR200.501 and 45 CFR 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 CFR 200.501 and 45 CFR 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
cost principles.
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
Washington State 35 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
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 CFR 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
Washington State 36 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
recipient of federal funds and then follow the funds to the sub-awardee, Jefferson County,
dba Sheriffs Office. The federal Circulars which provide the applicable administrative
requirements, cost principles and audit requirements are identified by sub-awardee
organization type.
ENTITY TYPE
State. Local and
Indian Tribal
Governments and
Governmental
Hospitals
Non -Profit
Organizations and
Non -Profit Hospitals
Colleges or
Universities and
Affiliated Hospitals
For -Profit
Organizations
OMB CIRCULAR
ADMINISTRATIV COST
E PRINCIPLE
REQUIREMENT S
S
AUDIT REQUIREMENTS
OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501
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 CFR 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
Washington State 37 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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 CFR Part 76.
2. 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 CFR
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;
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 (I II) (b), with respect to any employee who is so convicted —
Washington State 38 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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
3. 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 CFR Part 93).
The undersigned (authorized official signing for the contracting organization) certifies, to the
best of his or her knowledge and belief, that:
1. 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.)
Washington State 39 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
4. 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.
5. 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.
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.
6. 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
Washington State 40 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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.
CONTRACTOR SIGNATURE REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Please also print or type name:
David Fortino -Jefferson
ORGANIZATION NAME: (if applicable)
DATE
Washington State 41 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 2: Federal Compliance, Certifications, and Assurances
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Attachment 3
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
hftps://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 (https://www.uscontractorreaistration.com/)? ❑YES (skip to page 2. Sign, date
and return) []NO
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 CFR 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 M, lc)irwo
Tc tat! nsatiOtt
1.
2.
3.
4.
Washington State 42 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 3: Federal Funding Accountability and Transparency Act
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
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 CFR 229.402 (c) (2))
By signing this document, the Contractor Authorized Representative attests to the
information.
HCA will not endorse the Contractor's sub -award until this form is completed and
returned.
FOR HEALTH CARE AUTHORITY USE ONLY
HCA Contract Number: K4868
Sub -award Project Description (see instructions and examples below)
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 Date
Washington State 43 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 3: Federal Funding Accountability and Transparency Act
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Attachment 4
Substance Abuse and Mental Health Services Administration (SAMHSA) Award
Terms
If the funding for this Contract work should fall under the Substance Abuse and Mental Health
Services Administration (SAMHSA) Award Terms outlined below the Contractor must comply
with the requirements of those terms as they would apply to HCA.
1. SAMHSA Award Terms.
1.1 This grant is subject to the terms and conditions, included directly, or incorporated by
reference on the Notice of Award (NoA).
1.2 Grant funds cannot be used to supplant current funding of existing activities.
1.3 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 $192,300 annually.
1.4 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.
1.5 Per 45 Code of Federal Regulations (CFR) 74.36 and 45 CFR 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.
1.6 Program income accrued under this award must be used in accordance with the
additional costs alternative described in 45 CFR 74.24(b) (1) or 45 CFR 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.
1.7 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.
1.8 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
Washington State 44 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 4: Substance Abuse and Mental Health Services Administration
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
to any activity designed to influence legislation or appropriations pending before the
Congress or any State legislature.
1.9 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 1 H79TI083286-01 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."
1.10 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).
1.11 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 CFR. § 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.
1.12 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 CFR
section 96.123(a)(10)).
Washington State 45 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Attachment 4: Substance Abuse and Mental Health Services Administration
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Schedule A
Statement of Work
1. The Contractor shall serve as the Initiation Site and be responsible for:
1.1. Providing MOUD initiation, referral, and retention to an individual prior to his or her
transfer to the Local MOUD Treatment Site, ensuring MOUD capacity is maintained at
both the Initiation and Local MOUD Treatment Site(s).
1.2. Serving as the lead organization and recipient of funding for the development and
implementation of an Opioid Treatment Network model for adults with an Opioid Use
Disorder who are Medicaid eligible or low income. OTN will give priority to:
a. Individuals at highest risk of overdose and death.
b. Tribal members to address their OUD needs.
c. MOUD services for pregnant and parenting individuals with OUD.
d. MOUD services for intravenous drug users.
1.3. Ensuring services at the Initiation Site and Local MOUD Treatment Site(s) begin no
later than September 30, 2020.
1.4. Monitoring and ensuring MOUD is initiated to a minimum of ten (10) unique individuals
per month for the entirety of the contract period, no later than September 30, 2021 at
the Initiation Site.
1.5. Holding responsibility for oversight of the OTN, and ensuring the Local MOUD
Treatment Site(s) are working in coordination (including participation in regularly
scheduled leadership meetings and educational and technical assistance
opportunities) and meet the terms of the project, contract, goals and project
deliverables.
1.6. Ensuring travel per diem, computers, office supplies, and all other supplies and tools
necessary to provide defined duties are provided to staff at the Initiation Site and Local
MOUD Treatment Site(s) via a legal written agreement between the two sites.
1.7. Ensuring a low -barrier medication model as evidence by the Contractor's unique site
and functions.
1.8. Providing both agonist and antagonist MOUD medications (on -site or in relationship
with a pharmacy) in order to facilitate initial inductions.
1.9. Using a coordinated team and processes to provide intensive services by developing a
central Initiation Site to provide MOUD, and a warm hand-off to a Local MOUD
Treatment Site(s) for continuity of care. Local MOUD Treatment Site(s) will provide
referrals for other behavioral health and ancillary services necessary to address the
individual's holistic medical and recovery needs. Build, strengthen, and maintain
referral relationships between Initiation Site and Local MOUD Treatment Site(s).
Washington State 46 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
1.10. Hiring and/or contracting up to 3.2 FTEs or an agreed -upon amount with the DBHR
Contract Manager to cover the functions listed below at the Initiation Site. Through
subcontracting, provide for staffing at Local MOUD Treatment Site(s). Specific staffing
arrangements are determined by Initiation Site. The following functions are required
(individual staff may perform multiple functions):
a. OTN Nurse Care Manager (NCM): The NCM's primary responsibilities are to
provide medical support to the prescribing physicians or other waivered
practitioners. Duties of the NCM will include, but are not limited to: individual
screening, MOUD education, assisting with MOUD inductions, taking vital signs,
drug testing, lab work, medical assessments, charting, care planning,
stabilization, observation and maintenance, ongoing coordination of follow-up
care, relapse prevention, and support for an individual's self -management.
b. OTN Care Navigator: The Care Navigator expedites enrollment into Medicaid as
necessary, conducts screenings, assessments and evaluations, provides
education, and coordinates referrals for MOUD. Care Navigators assist with data
collection requirements and facilitate referrals for infectious disease screenings,
housing, employment services, withdrawal management services, transportation,
referral to OUD or behavioral health counseling, and provide a warm hand-off to
a MOUD provider upon an individual's transfer from any current treatments.
OTN Data Collection Coordinator (Coordinator): The Coordinator is responsible
for managing all data collection activities and serves as the liaison between the
OTN, DBHR and RDA. The Coordinator must become competent in all aspects
of GPRA data collection required for this project (including completion of
SAMHSA GRPA training) and be available and responsive to project evaluators.
d. OTN MOUD Prescriber: Continue to employ and or contract at least one
prescriber and at least one back-up prescriber with a current DATA-2000 Waiver
(in case of primary prescriber absence) at the Initiation Site.
e. Contract Management/Accounting: Submitting invoices for payment, ensuring
Releases of Information (ROls) are in place, certifying that agreements with other
community partners are signed and guaranteeing the contract deliverables are
met including subcontractor's deliverables.
2. Reporting
2.1. Ensuring specific tools, such as job descriptions and statements of work, are
developed to ensure consistent practice throughout the OTN.
2.2. Identifying, collaborating, and subcontracting with Local MOUD Treatment Site(s)
that are willing to support and embrace MOUD and are responsible for providing
integrated care that includes therapy, SLID counseling, outreach, MOUD education,
case management, and/or referral services.
Washington State 47 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
2.3. Ensuring policies and procedures are in place throughout the OTN to mitigate
medication diversion.
2.4. Securing and maintaining Release of Information forms that meet federal
confidentiality regulations and allow the release of patient identifying information
between Initiation Site and Local MOUD Treatment Site(s) and to DSHS RDA for the
purpose of program monitoring and performance evaluation.
2.5. Working collaboratively with ADAI technical assistance staff to identify training needs
and participate in peer -to -peer and educational learning opportunities including the
utilization of EBPs.
2.6. Attend quarterly meetings with DBHR Contract Manager or SOR Project or
Treatment Manager to discuss project contract requirements, compliance, and
problem -solving or attending trainings. Additional meetings as required or deemed
necessary by the DBHR Contract Manager.
2.7. Site visits will occur one time per year or more often if determined necessary by the
DBHR Contract Manager.
2.8. Ensure the use of a certified EHR.
Review of the Prescription Monitoring Drug Program data, when available and appropriate.
2.9. Ensure patient assessments and treatment are consistent with DSM-5 criteria.
2.10. Data Collection Requirements:
2.10.1.OTN staff will collect specified data on every individual inducted (beginning a
new episode of grant -funded MOUD treatment) at the Initiation Site. The data
collection includes completion of a participant log and three structured interviews.
These data collection activities will take place under the supervision of the grant's
project evaluator, who will provide the OTN all relevant data collection
instruments, training, access to data entry tools, and technical assistance.
2.10.2.OTNs will designate staff (Data Coordinator) responsible for ensuring all data are
collected accurately, comprehensively, and in a timely fashion. Any OTN staff
with sufficient training may contribute to data collection activities, but the Data
Coordinator is responsible for oversite of all aspects of SOR-11 data collection at
the OTN, including coordination between the Initiation Site and the Local MOUD
Treatment Site(s) as individuals move between those locations. The Data
Coordinator will be available to the project evaluator, complete necessary
training, and attend monthly, 90-minute teleconferences.
2.10.3.OTNs must collect the following data:
a. Participant Log: All individuals inducted at the OTN must be entered onto
the participant log. Upon induction onto MOUD, OTN staff will collect and
enter client identifiers, demographics, and basic treatment information into
Washington State 48 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
the participant log provided by the project evaluator. The Participant Log
should be updated at least weekly. OTNs may provide electronic extracts if
they are able to meet specifications provided by the project evaluator.
Contracted targets for the number of unique individuals served will be
measured using data entered into the Participant Log.
b. GPRA Intake Survey: this interview is required for all individuals who (a)
transfer to your local MOUD provider, OR (b) who have a second
consecutive appointment for continued MOUD treatment at your initiation
site. The interview must be completed within four days of these
appointments. Only one GPRA intake survey (the first enrollment) is
required per individual. Per SAMHSA grant requirements, a minimum of 80
percent of eligible intake surveys must be completed.
The Intake Survey and the surveys listed below must be completed by OTN
staff in person (telephone/virtual interviews are permitted if approved by the
project evaluator). The survey is based on the GPRA Client Outcome
Measures Tool. However, the project evaluator will provide a modified
version of the GPRA tool for use on this project. No later than weekly, OTN
staff will enter all surveys into a secure data entry portal provided by the
project evaluator.
c. GPRA Six-month Follow-up Survey: the follow-up interview must be
completed within one month before to two months after the six-month
anniversary of the GPRA Intake Survey, whether or not the individual has
been discharged. If a GPRA Intake Survey was never competed for an
individual, a follow-up is not required. The SOR II grant includes funding for
incentives you may use to encourage hard -to -reach individuals to complete
a follow-up survey. Follow-up surveys are not required after grant funding
ends. See "GPRA Intake Survey" data collection and data entry. You are
expected to complete 80 percent of your follow-up surveys.
d. GPRA Discharge Survey: the discharge survey is to be completed for all
individuals who discontinue treatment at your OTN. In these situations, an
administrative discharge survey, which may be completed without the
individual's participation, is permitted for discharged individuals you are
unable to locate. Individuals still enrolled at the close of the grant will not
require a discharge survey. Discharge surveys should be completed within
15 days of discharge. See "GPRA Intake Survey" for data collection and
data entry.
2.10.4. The Project Evaluator will monitor data collection and provide the OTN Data
Coordinator technical assistance when necessary. In the event of prolonged or
serious non-compliance, at the request of the Project Evaluator, you must submit
a corrective action plan to the DBHR Contract Manager.
2.10.5. Research and Data Analysis (RDA): Maintain and submit monthly through a
secure DSHS portal to RDA, a participant data log template (to be provided) from
Washington State 49 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
the Initiation Site only that includes, but is not limited to the following for every
new MOUD treatment episode:
2.10.5.1. First name, last name and middle initial; date of birth; Social Security
Number; gender; race; ethnicity; treatment start date (induction date);
MOUD drug prescribed (methadone, Bup-mono, Bup-combo, Naltrexone-
Injectable; Naltrexone-Oral), transfers to Local MOUD Provider, discharge
date and discharge status (completed, transferred or lost to follow up).
2.10.6. Engagement Measure:
OTN Performance Measures and Definitions:
"MOUD Treatment Engagement" will be estimated using records of MOUD
prescriptions and MOUD dispensed by OTNs. RDA will use this information to
estimate the percentage of individuals receiving any MOUD within 3 months
following their OTN induction month. This measure will account for any MOUD
received after induction, regardless of where the MOUD was provided. It will,
however, be limited to individuals receiving publicly -funded (i.e. Medicaid)
MOUD. Your target performance metric will be based on your site's historic
MOUD treatment engagement rate from SOR I (inductions through December
2019).
2.11. Submit a Monthly Report as detailed in the Deliverables Table with the invoice to the
DBHR Contract Manager, including, but not limited to: the number of individuals
inducted and successfully transferred to local MOUD treatment, barriers and
successes, technical assistance needs, staff changes, HIV and Viral Hepatitis
referrals, DEI related trainings and additional information as needed.
2.12. Contingency Management: Among patients receiving medication for OUD, provide
evidence of a screening for stimulant use disorder, and if screened in, a warm hand-
off for referral to services to address stimulant use disorder. All efforts must be
documented in the patient's record. Use of Contingency Management may be
utilized from grant funds at a rate of no more than $15 per person per instance and
$75 per person per year for individuals with stimulant use disorder.
2.13. Transportation Voucher: Among individuals, receiving MOUD, a transportation
voucher can be provided to them for reimbursement.
2.14. A combination of inductions, stimulant use disorder referrals (maximum of 3) and
outreach activities (maximum of 2) are allowed per month. Full deliverables payment
will be based on a minimum of a combined 10 inductions, referrals, and outreach
activities per month. In addition to the monthly inductions, the following will be
allowed as alternatives:
a. Referrals to a behavioral health agency using EBPs such as CBT or MI for
people who experience stimulant use disorder are encouraged. Up to three (3)
referrals per month can be counted towards the overall induction number. If a
Washington State 50 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
referral is made, documentation is needed within the monthly report.
Documentation through RDA maybe required.
b. Outreach Activity: Per definition, up to two (2) outreach activities can be used
to supplement the induction goal per month. These must be documented in the
monthly report.
2.15. Referrals to EBPs such as CBT or MI for people who experience Stimulant Use
Disorder are encouraged. If a referral is made, documentation is needed.
2.16. Attend a DBHR Contract Manager approved Contingency Management Training.
Provide evidence of sending a minimum of one person to the training. Additional staff
are allowed to attend beyond the required minimum person.
2.17. Attend a DBHR approved series on Diversity, Equity and Inclusion Training (DEI).
Provide documentation of sending a minimum of two (2). Additional staff are allowed
to attend beyond the required minimum people.
2.18. Tobacco Training: Participate in a minimum of six (6) Tobacco Treatment phone calls
during the contract period provided by the Department of Health.
a. A 40-hour Tobacco Training is available through the Department of Health as
needed for sites to access. Submit a request to the DBHR Contract Manager.
b. Funding for NRT is available through the Department of Health as needed to
sites. Submit a request to the DBHR Contract Manager.
2.19. Assisting in the preparation of reports (e.g., SAMHSA Annual Report, SAMHSA Bi-
annual Report) and other data requested by SAMHSA, their designee, or the DBHR
Contract Manager.
2.20. Ensuring the utilization of third party and other revenue realized from provision of
services to the extent possible and use SAMHSA grant funds only for services to
individuals who are not covered by public or commercial health insurance programs,
or for services that are not sufficiently covered by an individual's health insurance
plan. Facilitate the health insurance application and enrollment process for eligible
uninsured clients.
2.21. Screen and refer HIV and Viral Hepatitis cases through a warm hand-off or
treatment. Treatment or referrals are to be included in the monthly report and RDA
data sheets. Documentation is required and must be included in the monthly report.
2.22. Sustainability Plan: Provide a written document on site letterhead or by PowerPoint
to DBHR Contract Manager. This plan should address the following:
a. What is your site's sustainability plan?
b. What actions steps do you need to take in order to implement your
sustainability plan?
Washington State 51 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
c. Address staffing and financial aspects of the project.
d. Consider and address alternative funding sources such as other grants in the
plan.
e. Who are your partners in the community and what role do they play in your
sustainability plan?
f. Include improvement opportunities or barriers your site has experienced.
g. Include successes of the past year. For example, what is going well and what
do you need to keep doing more of?
h. What are your future goals for the SOR II project and how will your site sustain
it?
i. Consider the three elements of sustainability. They include impact on people,
economics and the environment. List how these will be met.
j. How does your site address diversity, equity and inclusion?
3. Considerations
1.1. Billing and Payment.
a. Invoice System. The Contractor shall submit invoices using State Form A-19
Invoice Voucher, or such other form as designated by HCA. Consideration for
services rendered shall be payable upon receipt of properly completed invoices
which shall be submitted to the DBHR Contact, Amy Dura at
amy.dura(a)-hca.wa.gov by the Contractor not more often than monthly.
The invoices shall describe and document to HCA's satisfaction a description of
the work performed, activities accomplished, the progress of the project, and
fees. Payments shall be in accordance with delivery and approval of deliverables
as outlined in Exhibit B, Deliverables Table.
b. Payment. Payment shall be considered timely if made by HCA within thirty (30)
days after receipt and acceptance by HCA of the properly completed invoices.
Payment shall be sent to the address designated by the Contractor on page one
(1) of this Contract. HCA may, at its sole discretion, withhold payment claimed by
the Contractor for services rendered if Contractor fails to satisfactorily comply
with any term or condition of this Contract.
c. Claims for payment submitted by the Contractor to HCA for amounts due and
payable under this agreement that were incurred prior to the expiration date shall
be paid by HCA if received by HCA within 90 days after the expiration date.
Washington State 52 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
d. HCA shall not reimburse the Contractor for any fees and expenses which exceed
the maximum consideration of this contract.
1.2. Deliverables Table:
Deliverable
Due Date
Up to:
1
Attend a DBHR Contract Manager approved Diversity, Equity and
Prior to September 29,
$10,000
Inclusion Training (DEI). Provide evidence of sending a minimum of two
2021
people to the training. Listed under section 2.17.
2
Attend a DBHR Contract Manager approved Contingency Management
Prior to September 29,
$10,000
Training. Provide evidence of sending a minimum of (1) person to the
2021
training. Listed under section 2.16.
Washington State 53 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
3
Monthly Reports to DBHR Contract Manager including the items
Due by the second
$216,000
listed in section 2.11 of this contract as well as updates on
Wednesday of the
progress, number of unique individuals served, HIV and Viral
month following the
Hepatitis screening and referrals, questions on the monthly report
month in which
form provided by DBHR Contract Manager and Monthly Reports to
services were
RDA, including compiled data of Local MOUD Treatment Site
provided
referrals and services including agonists and antagonists ($18,000
per month x 12 months = $216,000).
4
Provision of services to a minimum of 10 unique individuals per
Due by the second
$120,000
month, starting October 2020 ($1,000 per month x 12 months =
Wednesday of the
$10,000)
month following the
(Payment will be prorated if minimum numbers are not met). Listed
month in which
under section 1.4.
services were
provided.
5
Participate in a minimum of six (6) Tobacco Treatment phone calls
Trainings provided
$3,000
during the contract period. Listed under section 2.18.
on a monthly basis.
Report participation
in monthly report.
6
Incentives:
Due by the second
$8,400
GPRA follow-up for participates refer to section 2.10.3.(c).
Wednesday of the
Gift Card Award $525
month following the
Contingency Management refer to section 2.12.
month in which
CM Award $6,675
services were
Transportation vouchers refer to section 2.13.
provided. Contractor
Travel Voucher Award $1,200
will provide updates
on monthly reports.
7
Sustainability Plan refer to section 2.22.
September 29, 2021
$15,000
Provide an updated or revised plan.
8
Engagement Measure refers to section 2.10.6.
September 29, 2021
No payment
point
9
Benchmark payment for serving 120 unique individuals (an
September 29, 2021
$11,000
average of 10 unique individuals per month) and meet an overall
individual engagement of 50% over the period covered by this
Contract. Note: If this benchmark payment is earned, Contractor
shall also be entitled to bill, up to the maximum amount that
remains available for payment under Deliverable 4, a pro rata
payment of $1,000 for each unique individual whom Contractor has
served but for whom payment could not be received under the
payment terms applicable to Deliverable 4. In no event shall more
than a total of $131,000 be payable under this Deliverable 9
combined with payment under Deliverable 4. Listed under section
3.1.2.
TOTAL
$393,400
Washington State 54 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Federal Award Identification for Subrecipients (reference 2 CFR 200.331)
Washington State Opioid Response II (SOR II) Grant
(i)
Subrecipient name (which must match the name
Jefferson County dba Sheriffs Office
associated with its unique entity identifier);
(ii)
Subrecipient's unique entity identifier; (DUNS)
619143741
(iii)
Federal Award Identification Number (FAIN);
H79TIO83286
(iv)
Federal Award Date (see §200.39 Federal award
08/27/2020
date);
(v)
Subaward Period of Performance Start and End
9/30/2020 — 9/29/2021
Date;
(vi)
Amount of Federal Funds Obligated by this action;
$393,400
(vii)
Total Amount of Federal Funds Obligated to the
$393,400
subrecipient;
(xiii) Total Amount of the Federal Award;
$27,173,792
(ix)
Federal award project description, as required to be
Washington State Opioid Response II (SOR
responsive to the Federal Funding Accountability
II) Grant
and Transparency Act (FFATA);
(x)
Name of Federal awarding agency, pass -through
SAMHSA
entity, 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.waterlandta7.hca.wa.gov
(xi)
CFDA Number and Name; the pass -through entity
93.788
must 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
de minimus (10%)
the de minimis rate is charged per §200.414 Indirect
(F&A) costs).
Washington State 55 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Schedule A: Statement of Work
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Exhibit A
Definitions Specific to Special Terms
The words and phrases listed below, as used in this Contract, shall each have the following
definitions:
a. "ADAI" means the University of Washington's Alcohol and Drug Abuse Institute, and its
employees and authorized agents.
b. "Agonist" means an FDA -approved opioid agonist medication (e.g., methadone,
buprenorphine products including buprenorphine/naloxone combination formulations and
buprenorphine mono -product formulations) for the maintenance treatment of opioid use
disorder.
C. "Antagonist" means the FDA -approved opioid antagonist medication (e.g., naltrexone
products including extended -release and oral formulations) to prevent relapse to opioid
use.
d. "ASAM" means the American Society of Addiction Medicine.
e. "Care Navigator" means the position responsible to provide support and work
collaboratively with the Care Manager. In addition, the Care Navigator will work closely
and collaboratively with staff at each Local MOUD Treatment Site to coordinate patient
care, keep the patient engaged with services, address issues related to relapse, and
communicate together on patient needs. Duties will also include conducting screenings,
scheduling appointments, following up on missed appointments, medication diversion
control, grant data recordkeeping and reporting, and making referrals to the appropriate
Local MOUD Treatment Site. The Care Navigator can be a licensed chemical
dependency professional (CDP), behavioral healthcare worker, social worker, primary
healthcare worker, or other staff depending on the personnel needs of the Initiation Site.
"Cognitive Behavioral Therapy" or "CB7 means an evidence -based treatment that has
been demonstrated to be effective for a range of issues including depression, anxiety
disorders, alcohol and substance use disorder, marital problems, eating disorders and
severe mental illness."Contingency Management (CM)" means an Evidence Base
Practice (EBP) model that provides monetary or material incentives to individuals with
SUD contingent upon treatment attendance and/or verified negative drug screens in
order to increase the likelihood of these behaviors, which are essential components of
positive treatment outcomes.
g. "Culturally and Linguistically Appropriate Services" or "CLAS" means the national
standards in health and health care intended to advance health equity, improve quality,
and help eliminate health disparities by establishing a blueprint for health and health
care organizations
h. "Data Collector Coordinator" means the person responsible for managing all data
collection activities and also serves as the liaison between the OTN and the Project
Evaluators (RDA). The Coordinator must become competent in all aspects of GPRA
data collection (intake, and six-month follow ups and discharge) required for this project
(including completion of SAMHSA GRPA training and project data collection systems)
and be available and responsive to Project Evaluators (RDA).
Washington State 56 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit A: Special Terms Definitions
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
"Data Universal Numbering System" or "DUNS" means a unique identifier for
businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet (D&B)
and are used for a variety of purposes, including applying for government contracting
opportunities.
"DBHR" means the HCA Division of Behavioral Health and Recovery, and its employees
and authorized agents.
k. "DEI" means diversity, equity, and inclusion.
"Department of Health" or "DOH" means a state agency who works with others to protect
and improve the health of all people in Washington State. DOH programs and services
help prevent illness and injury, promote healthy places to live and work, provide
information to help people make good health decisions and ensure that Washington
State is prepared for emergencies.
M. "Diagnostic and Statistical Manual of Mental Disorders" or "DSM-5' means the product
of more than 10 years of effort by hundreds of international experts in all aspects of
mental health. Their dedication and hard work have yielded an authoritative volume that
defines and classifies mental disorders in order to improve diagnoses, treatment, and
research.
n. "DSHS" means the Washington State Department of Social and Health Services, and its
employees and authorized agents.
o. "Engagement Measure" means the percentage of individuals receiving any MOUD within
3 months following their OTN induction month. It will be limited to individuals receiving
publicly -funded (i.e. Medicaid) MOUD.
P. "Evidence -based Practice" or "EBP" means a prevention or treatment service or practice
that has been validated by some form of documented research evidence and is
appropriate for use with individuals with an opioid use disorder.
"Electronic Health Records" or "EHR" means a certified electronic health record system
that has been tested and certified by an approved Office of National Coordinator for
Health Information Technology's (ONC) certifying body.
"FDA" means the U.S. Food and Drug Administration.
S. "GPRA" means Government Performance Results and Modernization Act. Grantees
must comply with the GPRA Modernization Act of 2010.
t. "HCA" means the Washington State Health Care Authority and its employees and
authorized agents.
U. "Human Immunodeficiency Virus" or "HIV" means the virus that may causes AIDS.
V. "Induct" means the medically monitored initiation of treatment medication when a person
with an opioid use disorder has abstained from using opioids for the appropriate amount
of time in order to tolerate the utilization of MOUD.
W. "Initiation Site Prescriber' or "Waivered Prescriber" means a physician, physician's
assistant (PA), or nurse practitioner (NP) that has obtained and maintained a current
DATA 2000 Waiver to prescribe buprenorphine and other medications. A prescriber will
Washington State 57 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit A: Special Terms Definitions
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
also inform individuals regarding the risks and benefits of MOUD, allow for shared -
decision making and address other presenting medical needs either directly or by
referral.
X. "Integrated Care" means the organized delivery and/or coordination of medical,
behavioral or social and recovery support services provided for individuals.
Y. "Local MOUD (formerly MAT) Treatment Site" means a facility that will provide Opioid
Use Disorder (OUD) treatment medications, behavioral health treatment and/or primary
healthcare services, and/or wrap -around services, and referrals. Local MOUD Treatment
Site may be federally qualified health center (FQHC), opioid treatment program,
outpatient substance use disorder treatment facility, mental health clinic, or integrated
behavioral health clinic.
Z. "Medication Assisted Treatment" or "MAT" (now MOUD) means the use of FDA -
approved opioid agonist medications (e.g., methadone, buprenorphine products
including buprenorphine/naloxone combination formulations and buprenorphine mono -
product formulations) for the treatment of opioid use disorder and the use of opioid
antagonist medication (e.g. naltrexone products including extended -release and oral
formulations) to prevent relapse to opioid use.
aa. "Medication for Opioid Use Disorder" or "MOUD" means the use of FDA -approved opioid
agonist medications (e.g., methadone, buprenorphine products including
buprenorphine/naloxone combination formulations and buprenorphine mono -product
formulations) for the maintenance treatment of opioid use disorder and the use of opioid
antagonist medication (e.g., naltrexone products including extended -release and oral
formulations) to prevent relapse to opioid use.
bb. "Motivational Interviewing" or "MI" means an evidence -based practice with a focus on
resolving ambivalence and centers on motivational processes within the individual that
facilitate positive change.
cc. "Nicotine Replacement Therapy" or "NRT" means a treatment that gives you nicotine in
the form of gum, patches, sprays, inhalers, or lozenges but not the other harmful
chemicals in tobacco.
dd. "Nurse Care Manager" means the nurse or other employee at the Initiation Site who is
responsible for providing medical support to the prescribing physician or other waivered
prescribers. Duties of the Care Manager include, but are not limited to patient screening,
MOUD education, assisting with MOUD inductions, taking vital signs, drug testing, lab
work, medical assessments, charting, care planning, stabilization, maintenance, ongoing
coordination of follow-up care, relapse prevention, support for patient self -management,
and observation of the patient.
ee. "OTN" means an Opioid Treatment Network that includes an Initiation Site and Local
MOUD Treatment Site(s).
ff. "Opioid Use Disorder" or OUD is defined by a pattern of problematic use of opioids,
whether prescription painkillers, or heroin, or other illicit synthetic opioids. Practitioners
use criteria from the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM 5) to
diagnose opioid use disorder.
Washington State 58 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit A: Special Terms Definitions
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
gg. "Outreach Activity" means meeting with community partners in an effort to educate, train
and inform the community regarding opioid use disorder (OUD) and accessing
hh. "Prescriber/Administrator' means the position responsible for developing, administering,
and overseeing the program and ongoing performance of the OTN. Initiation Sites may
use funding to provide oversight and management to an administrator if more
appropriate, depending on the business needs of the OTN.
"Prescription Monitoring Drug Program" or "PMDP" means a law that the Washington
State Legislature passed in 2007 requiring the Department of Health to create a
prescription monitoring program. The law directs the Department to design the program
to improve healthcare quality and effectiveness by: Reducing abuse of controlled
substances, reducing duplicative prescribing and overprescribing; and improving
prescribing practices.
jj. "REDCap" means the data entry portal that providers will use to submit their GPRA data.
It replaces the SPARS platform that was previously used for this purpose.
kk. "Report" or "Monthly Report" means and refers to a report that the Contractor will
complete and submit to DBHR on a monthly basis prior to monthly reimbursement.
"RDA" means the Department of Social and Health Services, Research and Data
Analysis Division, to whom the Contractor will send required patient and program data
through a secure data file transfer.
mm. "SAMHSA" means the U.S. Department of Health and Human Services, Substance
Abuse and Mental Health Services Administration, and its employees and authorized
agents.
nn. "SPARS" means SAMHSA's Performance Accountability and Reporting System -SPARS
is an online data entry, reporting, technical assistance request, and training system to
support grantees in reporting timely and accurate data to SAMHSA. This system or an
alternative system, will be required for GRPA reporting.
oo. "Standard Reporting Tool" or "RDA-SRT" means a reporting tool provided by RDA to
routinely report on items required by SAMHSA that includes, but is not limited to:
treatment requirements, training requirements, and other services and outcomes to be
determined.
pp. "Stimulate Use Disorder" means a pattern of amphetamine -type substance, cocaine, or
other stimulant use leading to clinically significant impairment or distress (DSM-5).
qq. "Substance Use Disorder Professional" or "SUDP" means an individual certified in
substance use disorder counseling by the Washington Department of Health Licensing.
rr. "SUD" means substance use disorder. Practitioners use criteria from the Diagnostic and
Statistical Manual of Mental Disorders 5 (DSM-5).
ss. "Sustainability Plan" means a roadmap for achieving long-term stability and maintenance
through documentation of strategies allowing for the program, activities and partnerships
to continue.
Washington State 59 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit A: Special Terms Definitions
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
tt. "Unique" means an individual who is counted once, regardless of the number of times
he/she enters treatment within the same Opioid Treatment Network.
uu. "Viral Hepatitis" means is an infection that causes liver inflammation and damage.
vv. "Warm hand-off' means a transfer of care between two members of the health care
team, where the handoff occurs in front of the patient explaining why the other team
member can better address a specific issue with the patient and emphasizing the other
team member's competence.
Washington State 60 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit A: Special Terms Definitions
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
Exhibit B
15 Principal CLAS Standard
1. Provide effective, equitable, understandable and respectful quality care and services that
are responsive to diverse cultural health beliefs and practices, preferred languages, health
literacy and other communication needs.
Governance, Leadership and Workforce
2. Advance and sustain organizational governance and leadership that promotes CLAS and
health equity through policy, practices and allocated resources.
3. Recruit, promote and support a culturally and linguistically diverse governance, leadership
and workforce that are responsive to the population in the service area.
4. Educate and train governance, leadership and workforce in culturally and linguistically
appropriate policies and practices on an ongoing basis.
Communication and Language Assistance
5. Offer language assistance to individuals who have limited English proficiency and/or other
communication needs, at no cost to them, to facilitate timely access to all health care and
services.
6. Inform all individuals of the availability of language assistance services clearly and in their
preferred language, verbally and in writing.
7. Ensure the competence of individuals providing language assistance, recognizing that the
use of untrained individuals and/or minors as interpreters should be avoided.
8. Provide easy -to -understand print and multimedia materials and signage in the languages
commonly used by the populations in the service area.
Engagement, Continuous Improvement and Accountability
9. Establish culturally and linguistically appropriate goals, policies and management
accountability, and infuse them throughout the organizations' planning and operations.
10. Conduct ongoing assessments of the organization's CLAS-related activities and integrate
CLAS-related measures into assessment measurement and continuous quality improvement
activities.
11. Collect and maintain accurate and reliable demographic data to monitor and evaluate the
impact of CLAS on health equity and outcomes and to inform service delivery.
12. Conduct regular assessments of community health assets and needs and use the results to
plan and implement services that respond to the cultural and linguistic diversity of
populations in the service area.
Washington State 61 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit B: 15 Principal CLAS Standard
DocuSign Envelope ID: 5A400FCE-0165-4115-8779-9843A977E390
13. Partner with the community to design, implement and evaluate policies, practices and
services to ensure cultural and linguistic appropriateness.
14. Create conflict- and grievance -resolution processes that are culturally and linguistically
appropriate to identify, prevent and resolve conflicts or complaints.
15. Communicate the organization's progress in implementing and sustaining CLAS to all
stakeholders, constituents and the general public.
Washington State 62 Opioid Treatment Network
Health Care Authority HCA Contract #K4868
Exhibit B: 15 Principal CLAS Standard