HomeMy WebLinkAbout111521ca04 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley,Interim County Administrator
FROM: David Fortino
DATE: November 15,2021
SUBJECT: Amendment to HCA Grant Contract for Residential Substance Abuse Treatment
Program.
STATEMENT OF ISSUE:
This Amendment to the HCA grant contract for Residential Substance Abuse Treatment to continue the
work that has helped to address the behavioral health and substance use disorder among the inmate
population of the Jefferson County Jail.
ANALYSIS:
This contract continues the Residential Substance Abuse Treatment program at the Jefferson County Jail that
provide an opportunity for incarcerated individuals in our community to engage in inpatient treatment
services locally, and gain a head start on their road to recovery.Additionally, this program enhance existing
Substance Use Disorder(SUD)services, such as Relapse Prevention and Substance Use Disorder
Assessments, as well as Behavioral Health Services.
FISCAL IMPACT:
The HCA Grant Contract Provides$146,000 along with $50,000 in matching county funds.
RECOMMENDATION:
It is recommended that the board approves this contract and sub-recipient agreement.
REVIEWED BY:
,V4144Mark McCauley, erim County Administra D to
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Washington State CONTRACT HCA Contract No.: K4880
Health Care Authority AMENDMENT Amendment No.: 01
THIS AMENDMENT TO THE CONTRACT is between the Washington State Health Care Authority and the party
whose name appears below, and is effective as of the date set forth below.
CONTRACTOR NAME CONTRACTOR doing business as (DBA)
Jefferson County Jail
CONTRACTOR ADDRESS CONTRACTOR CONTRACT MANAGER
79 Elkins Road Name: David Fortino
Port Hadlock, WA 98339 Email: dfortino aC co.iefferson.wa.us
AMENDMENT START DATE AMENDMENT END DATE CONTRACT END DATE
October 1, 2021 September 30, 2022 September 30, 2022
PRIOR MAXIMUM CONTRACT AMOUNT AMOUNT OF INCREASE TOTAL MAXIMUM COMPENSATION
$146,000. $146,000. $292,000.
WHEREAS, HCA and Contractor previously entered into an Agreement for Residential Substance Abuse
Treatment(RSAT)for incarcerated individuals, and;
WHEREAS, HCA and Contractor wish to amend the Agreement pursuant to Section 4.3, Amendments,to extend
the Agreement term and increase Total Maximum Compensation;
NOW THEREFORE, the parties agree the Agreement is amended as follows:
1. The HCA Contract Manager indicated on the Contract Cover Page is updated as follows:
HCA PROGRAM HCA DIVISION/SECTION
Department of Behavioral Health and Recovery Adult Substance Use Disorder
HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS
Health Care Authority
Kimberly Wright, Medical Program Specialist 3 626 8th Avenue SE
PO Box 42730
Olympia, WA 98504-2730
HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS
(360) 725-9992 kimberly.wrightcc hca.wa.Qov
All internal references are updated accordingly.
2. Section 3.2, Term, subsection 3.2.1 is amended to read as follows:
3.2.1 The initial term of the Contract will commence on the date of last signature, whichever is later, and
continue through September 30, 2022, unless terminated sooner as provided herein.
3. Section 3.3, Compensation, subsection 3.3.1 is amended to read as follows:
HCA Contract No. K4880-01 Page 1 of 7
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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
$292,000., and includes any allowable expenses.
4. Attachment 1, Federal Compliance, Certifications, and Assurances, Section I, Federal Compliance, new
subsections c. and d. are added as follows:
c. Source of Funds SAMHSA: This Contract is being funded partially or in full through Cooperative
Contract numbers 2017RTBX4027 and 2018J2BX4017, the full and complete terms and provisions
of which are hereby incorporated into this Contract. Federal funds to support this Contract are
identified by the Catalog of Federal Domestic Assistance(CFDA) number 16.593 in the amount of
$146,000, The Contractor or Subrecipient is responsible for tracking and reporting the cumulative
amount expended under HCA Contract K4880-01.
d. Period of Availability of Funds October 1, 2021-September 30, 2022: Pursuant to 45 C.F.R. §92.23,
Contractor or Subrecipient may charge to the award only costs resulting from obligations of the
funding period specified in 2017RTBX4027 and 2018J2BX4017 unless carryover of unobligated
balances is permitted, in which case the carryover balances may be charged for costs resulting from
obligations of the subsequent funding period. All obligations incurred under the award must be
liquidated no later than 90 days after the end of the funding period.
5. A new Attachment 3.1, Federal Award Identification for Subrecipients, is attached hereto and
incorporated therein. All internal references are updated accordingly.
6. Section 3.4.4, Substance Abuse and Mental Health Services Administration (SAMHSA)Award Terms, is
deleted in its entirety.
7. A new Attachment 4, Substance Abuse and Mental Health Services Administration (SAMHSA)Award
Terms, is attached hereto and incorporated therein.All internal references are updated accordingly.
8. Section 3.8, Incorporation of Documents and Order of Precedence, is amended to read as follows:
3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Contract. In the
event of an inconsistency, the inconsistency will be resolved in the following order of precedence:
3.8.1 Applicable Federal and State of Washington statutes and regulations;
3.8.2 Recitals
3.8.3 Special Terms and Conditions;
3.8.4 General Terms and Conditions;
3.8.5 Attachment 1: Federal Compliance, Certifications and Assurances;
3.8.6 Attachment 2: Federal Funding Accountability and Transparency Act Data Collection
Form;
3.8.7 Attachment 3: Federal Award Identification for Subrecipients(FAIS);
3.8.8 Attachment 4: Substance Abuse and Mental Health Services Administration (SAMHSA)
Award Terms
3.8.9 Schedule A(s): Statement(s) of Work;
3.8.10 Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
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9. This Amendment will be effective October 1, 2021, ("Effective Date").
10.All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreement.
11.All other terms and conditions of the Agreement remain unchanged and in full force and effect.
The parties a si
gning rt s g ni ng below warrant that they have read and understand this Amendment and have authority to
execute the Amendment.This Amendment will be binding on HCA only upon signature by both parties.
CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Kate Dean,
Chair, Board of County Commissioners
HCA SIGNATURE PRINTED NAME AND I I rLE DATE SIGNED
r«••.M••r Rachelle Amerine
Contracts Administrator 10/28/2021
Approved,as to,Form Only:
November 1,2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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Attachment 3.1
Federal Award Identification for Subrecipients (reference 2 CFR 200.331)
Residential Substance Abuse Treatment for State Prisoners
(i) Subrecipient name (which must match the name Jefferson County Jail
associated with its unique entity identifier);
(ii) Subrecipients unique entity identifier; (DUNS) 6194374
2017RTBX4027
(iii) Federal Award Identification Number(FAIN); 2018J2BX4017
(iv) Federal Award Date(see§200.39 Federal award 09/28/19
date);
(v) Subaward Period of Performance Start and End 10/1/2021-9/30/2022
Date;
(vi) Amount of Federal Funds Obligated by this $146,000.
action;
(vii) Total Amount of Federal Funds Obligated to the $292,000.
subrecipient;
2017-$161,062
(xiii) Total Amount of the Federal Award; 2018-$406,597
(ix) Federal award project description, as required to Residential Substance Abuse Treatment for
be responsive to the Federal Funding
Accountability and Transparency Act(FFATA); State Prisoners
SAMHSA
(x) Name of Federal awarding agency, pass-through WA State Health Care Authority
entity, and contact information for awarding Keri Waterland, Assistant Director DBHR
official, 626 8th Ave SE; Olympia,WA 98504-5330
Keri.waterland( hca.wa.gov
(xi) CFDA Number and Name; the pass-through
entity must identify the dollar amount made 16.593
available under each Federal award and the
CFDA number at time of disbursement;
(xii) Identification of whether the award is R&D; and ❑ Yes ® No
(xiii) Indirect cost rate for the Federal award (including
if the de minimis rate is charged per§200.414 de minimus(10%)
Indirect(F&A) costs).
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Attachment 4
Substance Abuse and Mental Health Services Administration (SAMHSA) Award Terms
By drawing or otherwise obtaining funds as a subawardee or contractor of a non-federal entity drawing or otherwise
obtaining funds from SAMHSA, a branch of the United States Department of Health and Human Services(HHS), you agree
to the following pass-through terms and conditions.
Name Language
Acceptance of the This Subaward is subject to the SAMHSA Fiscal Year 2021 —Award Standard Terms, included
Terms of an Award directly,or incorporated by reference on the Notice of Award(NoA)support the grant.
Non-Supplanting Federal award funds must supplement, not supplant, nonfederal funds.All recipients who
receive awards under programs that prohibit supplanting by law must ensure that federal funds
do not supplant funds that have been budgeted for the same purpose through non-federal
sources.Applicants or award recipients may be required to demonstrate and document that a
reduction in non-federal resources occurred for reasons other than the receipt of expected
receipt of federal funds.
Block grant funds(SABG and MHBG)will not be used to supplant state funding of alcohol and
other drug prevention programs. See 45 CFR§98.123
Unallowable Costs All costs incurred prior to the award issue date and costs not consistent with the funding
opportunity, 45 CFR Part 75, and the HHS Grants Policy Statement,are not allowable under
this subaward.
Marijuana Restrictions Grant funds may not be used, directly or indirectly,to purchase, prescribe, or provide
marijuana treatment using marijuana.Treatment in this context includes the treatment or opioid
use disorder. Grant funds also cannot be provided to any individual who or organization that
provides or permits marijuana use for the purposes of treating substance use or mental
disorders. See, e.g., 45 CFR 75.300(a); 21 USC 812(c)(10)and 841.This prohibition does not
apply to those providing such treatment in the context of clinical research permitted by the DEA
and under an FDA-approved investigational new drug application where the article being
evaluated is marijuana or a constituent thereof that is otherwise a banned controlled
substances under the federal law.
Executive Pay The Consolidated Appropriations Act, 2021 (Public Law 116-260), signed into law on
December 27,2020 restricts the amount of direct salary to Executive Level II of the Federal
Executive Pay scale. Effective January 3,2021,the salary limitation for Executive Level II is
$199,300.
Promotional Items SAMHSA grant funds may not be used for Promotional Items. Promotional Items include but
are not limited to: Clothing and commemorative items such as pens, mugs/cups,folders/folios,
lanyards, and conference bags.
Acknowledgment of When a conference is funded by a grant or cooperative agreement, the recipient must include
Federal Funding at the following statement in all conference materials(including promotional materials, agenda,
Conferences and and internet sites):
Meetings Funding for this conference was made possible 9in part) by(insert grant or cooperative
agreement award number)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 endorsements by the U.S. Government.
Rights in Data and As applicable, recipients agree to the requirements for intellectual property, rights in data,
Publications access to research data, publications,and sharing research tools, and intangible property and
copyrights as described in 45 CFR 75.322 and the HHS Grants Policy Statement.
HCA may copyright any work that is subject to copyright and was developed, or for which
ownership was acquired, under a Federal Award. SAMHSA reserves a royalty-free,
nonexclusive and irrevocable right to reproduce, publish,or otherwise use the work for Federal
purposes,and to authorize others to do so.
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Mandatory Disclosures Consistent with 45 CFR 75.113, Subrecipients must disclose, in a timely manner, in writing to
HCA and the HHS Office of Inspector General(OIG), all information related to violations, or
suspected violations, of Federal criminal law involving fraud,bribery, or gratuity violations
potentially affecting the Federal award. Disclosures must be sent in writing to HCA and the
HHS OIG at the following addresses:
U.S. Department of Health and Human Services
Office of Inspector General
ATTN: Mandatory Grant Disclosures, Intake Coordinator
330 Independence Avenue, SW,Cohen Building Room 5527
Washington DC 20201
Fax: (202)205-0604(include"Mandatory Grant Disclosures" in subject line or email)
MandatoryGranteeDisclosures@oig,hhs_gov_
Failure to make required disclosures can result in any of the remedies described in 45 CFR
75.371 remedies for noncompliance,including suspension or debarment(See 2 CFR parts 180
&376 and 31 USC 3321)
Lobbying Restrictions Per 45 CFR§75.215, Subrecipients are subject to the restrictions on lobbying as set forth in 45
CFR part 93.
U.S.C. >Title 18 >Part I >Chapter 93> Section 1913, No part of the money appropriated by
any enactment of Congress shall, in the absence of express authorization by Congress, be
used directly or indirectly to pay for any personal service,advertisement,telegram,telephone,
letter, printed or written matter,or other device, intended or designed to influence in any
manner a Member of Congress, a jurisdiction, or an official of any government,to favor, adopt,
or oppose, by vote or otherwise,any legislation, law, ratification, policy,or appropriation,
whether before or after the introduction of any bill, measure, or resolution proposing such
legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or
employees of the United States or of its departments or agencies from communicating to any
such Member or official,at his/her request,or to Congress or such official,through the proper
official channels, requests for any legislation, law, ratification, policy,or appropriations which
they deem necessary for the efficient conduct of the public business, or from making any
communication whose prohibition by this section might, in the opinion of the Attorney General,
violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence,
intelligence, or national security activities.
Violations of this section shall constitute as a violation of section 1352 (a)of Title 31.
Drug Free Workplace The Drug-Free Workplace Act of 1988(41 U.S.C.§701 et seq.)requires that all organizations
receiving grants from any Federal agency agree to maintain a drug-free workplace. By signing
this Contract, you agree that the grantee will provide a drug-free workplace and will comply
with the requirement to notify NIH if an employee is convicted of violating a criminal drug
statute. Failure to comply with these requirements may be cause for debarment. Government
wide requirements for Drug-Free Workplace for Financial Assistance are found in 2 CFR part
182; HHS implementing regulations are set forth in 2 CFR part 382.400.All recipients of NIH
grant funds must comply with the requirements in Subpart B(or Subpart C if the recipient is an
individual)of part 382.
Trafficking Victims The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance
Protection Act of 2000 provided to a private entity, without penalty to the Federal government, if the recipient or
(22 USC 7104(G)), as subrecipient engages in certain activities related to trafficking in persons.
amended,and 2 CFR SAMHSA or HCA may unilaterally terminate this award, without penalty, if a private entity
Part 175 recipient, or a private entity subrecipient, or their employees: a)Engage in severe forms of
trafficking in persons during the period of time that the award is in effect; b) Procure a
commercial sex act during the period of time that the award is in effect; or, c) Use forced labor
in the performance of the award or subawards under the award.
The text of the full award term is available at 2 C.F.R. § 175.15(b). See
http://www.gpo. ov/fdsys/pkq/CFR-2012-title2-volt/pdf/CFR-2012-title2-volt-sec175-15 pdf
Confidentiality of The regulations(42 CFR 2)are applicable to any information about alcohol and other drug
Alcohol and Drug abuse patients obtained by a"program"(42 CFR 2.11), if the program is federally assisted in
Abuse Patient Records any manner(42 CFR 2.12b).Accordingly, all project patient records are confidential and may
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be disclosed and used only in accordance with 42 CFR Part 2. The Subrecipient is responsible
for assuring compliance with these regulations and principles, including responsibility for
assuring the security and confidentiality of all electronically transmitted patient material.
Healthy People 2020 Healthy People 2020 is a national initiative led by HHS that set priorities for all SAMHSA
programs.The initiative has two major goals: (1) increase the quality and years of a healthy
life;and(2) eliminate our country's health disparities.The program consists of 28 focus areas
and 467 objectives. SAMHSA has actively participated in the work groups of all the focus areas
and is committed to the achievement of the Healthy People 2020 goals. Healthy People 2010
and the conceptual framework for the forthcoming Healthy People 2020 process can be found
online at: http://www.healthypeople.gav/
Accessibility Provisions Recipients of Federal financial assistance(FFA)from HHS must administer their programs in
compliance with Federal civil rights law.This means that recipients of HHS funds must ensure
equal access to their programs without regard to a person's race, color, national origin,
disability, age, and in some circumstances,sex and religion.This includes ensuring your
programs are accessible to persons with limited English proficiency.
The HHS Office for Civil Rights also provides guidance on complying with civil rights laws
enforced by HHS. Please see:
httd:l/www,hhs.gov/ocr/civil rights/understanding/section 1557/index.html.
Recipients of FFA also have specific legal obligations for serving qualified individuals with
disabilities. Please see-htto:/lwww.hhs.dov/ocr/civilrights/understanding!disability/index.html.
Please contact the HHS Office for Civil Rights for more information about obligations and
prohibitions under Federal civil rights laws at https://www.hhs.gov/civil-rights/index.html or call
1-800-368-1019 or TDD 1-800-537-7697.
Also note that it is an HHS Departmental goal to ensure access to quality,culturally competent
care, including long-term services and supports,for vulnerable populations. For further
guidance on providing culturally and linguistically appropriate services, recipients should review
the National Standards for Culturally and Linguistically Appropriate Services in Health and
Health Care at https://minontyhealth.hhs.gov/omh/browse.aspx?Ivl=1&lvlid=6.
Legislative Mandates Certain statutory provisions under P.L. 115-245, Department of Defense and Labor, Health and
Human Services, and Education Appropriations Act,2019, Division B,Title V,Title II, General
Provisions limit the use of funds on SAMHSA grants,cooperative agreements,and contract
awards. Such provisions are subject to change annually based on specific appropriation
language that restricts the use of grant funds.The full text of P.L. 115-245 is available at
https://www.congress.gov/bill115th-congress/housebill/6157/text?Format=txt.
Ad Hoc Submissions Throughout the project period, SAMHSA may determine that a grant requires submission of
additional information beyond the standard deliverables. This information may include, but is
not limited to,the following:
• Payroll
• Purchase orders
• Contract documentation
• Proof of project implementation
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