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HomeMy WebLinkAboutWashington State Health Care Authority, Amendment No. 2 - 121922F)n Q- 1-?1 I f M t I')- - 1 q- ,� CONTRACT HCA Contract No.: K4880 Washington State AMENDMENT for 1 Amendment No.: 2 Health Care uthority Residential Substance Abuse Treatment in Prisons and Jails 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 of Jefferson County Jail CONTRACTOR ADDRESS CONTRACTOR CONTRACT MANAGER 79 Elkins Road Name: David Fortino Port Hadlock, WA 98339-9700 Email: dfortino6d�co.iefferson.,,dia,us AMENDMENT START DATE CONTRACT END DATE October 1, 2022 September 30, 2023 Prior Maximum Contract Amount Amount of Increase Total Maximum Compensation $292,000 $146,731 $438,731 WHEREAS, HCA and Contractor previously entered into a Contract for Residential Substance Abuse Treatment in Prisons and Jails, and; WHEREAS, HCA determined that the federal grant funding sources for the original contract and Amendment 1 were misidentified, and; WHEREAS, HCA and Contractor wish to amend the Contract pursuant to Section 4.3 to add funding, time and deliverables for federal fiscal year 2023, and to correct grant reporting errors; NOW THEREFORE, the parties agree the Contract is amended as follows: 1. The end date is extended to September 30, 2023. 2. Maximum Compensation is increased by $146,731 from $292,000 to $438,731. 3. Schedule A, Statement of Work, Section 3, Reporting Requirements, is hereby replaced as follows: 3. REPORTING REQUIREMENTS 3.1. Program Plan Report. Contractor will provide report to HCA Contract Manager for approval. Report will include, but not limited to, the following: 3.1.1. Current staffing/hiring; 3.1.2. Purchase of program supplies; 3.1.3. Status of subcontracts or Memorandums of Understanding (MOU); 3.1.4. Other components, as approved by HCA Contract Manager. 3.2. Quarterly Reports 3.2.1. HCA Contract Manager will provide Contractor with report template within 10 days of contract execution. Washington State Page 1 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 3.2.2. Contractor will use template to complete reports and provide to HCA Contract Manager for approval. 3.2.3. Contractor will comply with the following DOJ/BJA reporting requirements in collaboration with the HCA DBHR. 1. No personal identifiable information; 2. Numbers served/completing the program are required; 3. Recidivism data, to include probation violation and new arrest convictions; 4. HCA will report this information to the DOJ/BJA as part of the reporting requirements of the grant. 3.2.4. Reporting Requirements. The following is a list of required report components, in accordance with the federal Bureau of Justice Assistance (BJA) all of which are elaborated on in Attachment 7, Quarterly Report Template. Average treatment cost per individual who receives program services. 2. Average length of stay in the program for incarcerated individuals completing the program. 3. Number of participants carried over from the previous reporting period and number of new participants. 4. The number of participants who successfully completed the program and number of participants who were terminated or dropped out. 5. The number of new treatment beds and the percentage of them funded with DOJ grant. 6. The number of days of residential treatment provided. 7. The number of participants completing the program who passed drug -testing. 8. The number of participants who were screened or enrolled in Medicaid. 9. Criminal recidivism of participants who successfully completed the program. 10. Criminal recidivism of participants who were unsuccessfully discharged from the program. 3.2.5. Narrative. Narrative program analysis/evaluation reports responding to the following questions: Is this treatment program linked to other programs (such as drug courts, community intervention, aftercare, etc?) If yes, please indicate name(s) of other programs. 2. What were your accomplishments? 3. Is there any assistance that DSHS can provide to address any of the problems/barriers you have identified here? 4. Are you on track to conduct your program as described in your plan? (Please answer "Yes" or "No". If "No", please explain.) Washington State Page 2 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 VUI.U'314ji t cf f vafu�m I V . uJ —jr-4c-Duf ✓-YDc.i-nvou-vn l ivow , i vl 4. Schedule A, Statement of Work, Section 4, Deliverable, subsection (a) Jefferson County, is amended as follows: # Description Date Range Due Date Rate Max Payment 1 Program Up to 45 calendar $24,731 per $24,731 Plan Report days following the report execution of the x 1 report contract 2 Quarterly ; Q 1: 10/1 /2022-12/31 /2022 59' day of each month $30,500 per $122,000 Reports I Q2: 1 /1 /2023-3131 /2023 following the end of report each quarter x 4 reports Q3: 4/1 /2023-6/30/2023 Q4: 7/1 /2023-9/30/2023 Maximum Compensation for HCA Contract K4880, 10/1/2022 — 9/30/2023 $146, 731 5. Attachment 3, Federal Subaward Identification, is attached to replace Attachment 3 from the original Contract, and is incorporated herein. 6. Attachment 3.1, Federal Subaward Identification, is attached to replace Attachment 3.1, from Amendment 1, and is incorporated herein. 7. Attachment 4, Substance Abuse and Mental Health Services Administration (SAMHSA) Award Terms, is hereby removed. 8. Attachment 5, Federal Subaward Identification is hereby added, and incorporated herein. 9. Attachment 6, DOJ Award Terms, is hereby added, and incorporated herein. 10. Attachment 7, Quarterly Report Template, is hereby added, and incorporated herein. 11. This Amendment will be effective October 1, 2022 ("Effective Date"). 12. All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Contract. 13. All other terms and conditions of the Contract remain unchanged and in full force and effect. The parties signing 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. n CONT ACTOR SI NATURE PRINTED NAME AND TITLE DATE SIGNED ` T Heidi Eisenhour, Chair Jefferson County Board Commissioners 2 1�ZZ of HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED achelle Amerine sbw� -4. Contracts Administrator 12/3/2022 Approved as to form, only: + December 13, 2022 Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney Washington State Page 3 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 3 - Federal Subaward Identification K4880 US Department of Justice, Office of 1. Federal Awarding Agency Justice Programs, Bureau of Justice Assistance 2. Federal Award Identification Number (FAIN) 2017-RT-BX-4027 3. Federal Award Date September 28, 2019 4. Assistance Listing Number and Title 16.593 Residential Substance Abuse Treatment 5. Is the Award for Research and Development? ❑ Yes ® No Keri Waterland, assistant director WA State Health Care Authority 6. Contact Information for HCA's Awarding Official Division of Behavioral Health and Recovery keri.waterl and =b-% hca.wa.gov 360-725-5252 7. Subrecipient name (as it appears in SAM.gov) Jefferson, County of 8. Subrecipient's Unique Entity Identifier (UEI) LP11B7JKFN38 9. Total amount of Federal Award $161,062 WA State Opioid and Overdose 10. Subaward Project Description Treatment Court Response Plan: Equity in Training and Treatment 11. Primary Place of Performance 98339-9700 12. Subaward Period of Performance January 28, 2021 - September 30, 2021 13 Amount of Federal Funds Obligated by this $37,904 Action 14. Total Amount of Federal Funds Obligated by $37,904 HCA to the Subrecipient, including this Action 15. Indirect Cost Rate for the Federal Award 10% (including if the de minimis rate is charged) Washington State Page 4 of 22 Substance Abuse Treatment Services Health Care Authority FICA Contract No. K4880-2 Attachment 3 US Department of Justice, Office of 1. Federal Awarding Agency Justice Programs, Bureau of Justice Assistance 2. Federal Award Identification Number (FAIN) 2018-J2-BX-4017 3. Federal Award Date September 28, 2019 4. Assistance Listing Number and Title 16.593 Residential Substance Abuse Treatment 5. Is the Award for Research and Development? ❑ Yes ® No Keri Waterland, assistant director WA State Health Care Authority 6. Contact Information for HCA's Awarding Official Division of Behavioral Health and Recovery keri.w tearla.nd a hca,wa.gov 360-725-5252 7. Subrecipient name (as it appears in SAM.gov) Jefferson, County of 8. Subrecipient's Unique Entity Identifier (UEI) LP11 B7JKFN38 9. Total amount of Federal Award $406,597 WA State Opioid and Overdose 10. Subaward Project Description Treatment Court Response Plan: Equity in Training and Treatment 11. Primary Place of Performance 98339-9700 12. Subaward Period of Performance January 28, 2021 - September 30, 2021 13 Amount of Federal Funds Obligated by this $108,096 Action 14. Total Amount of Federal Funds Obligated by $108,096 HCA to the Subrecipient, including this Action 15. Indirect Cost Rate for the Federal Award ° 10% (including if the de minimis rate is charged) Washington State Page 5 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 3 Attachment 3.1 - Federal Subaward Identification K4880-1 US Department of Justice, Office of 1. Federal Awarding Agency Justice Programs, Bureau of Justice Assistance 2. Federal Award Identification Number (FAIN) 2018-J2-BX-4017 3. Federal Award Date 9-28-2019 4. Assistance Listing Number and Title 16.593 Residential Substance Abuse Treatment 5. Is the Award for Research and Development? ❑ Yes ® No Keri Waterland, assistant director WA State Health Care Authority 6. Contact Information for HCA's Awarding Official Division of Behavioral Health and Recovery keri_Water1a_nd. hca.wa.C-ov 360-725-5252 7. Subrecipient name (as it appears in SAM.gov) Jefferson, County of 8. Subrecipient's Unique Entity Identifier (UEI) LP11 B7JKFN38 9. Total amount of Federal Award $406,597 WA State Opioid and Overdose 10. Subaward Project Description Treatment Court Response Plan: Equity in Training and Treatment 11. Primary Place of Performance Zip + 4 from GSR 12. Subaward Period of Performance January 28, 2021 - September 30, 2022 13. Amount of Federal Funds Obligated by this $146,000 Action 14. Total Amount of Federal Funds Obligated by $254,096 HCA to the Subrecipient, including this Action 15. Indirect Cost Rate for the Federal Award o 10% (including if the de minimis rate is charged) Washington State Page 6 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 3.1 Attachment 5 - Federal Subaward Identification K4880-2 US Department of Justice, Office of 1. Federal Awarding Agency Justice Programs, Bureau of Justice Assistance 2. Federal Award Identification Number (FAIN) 2019-J2-BX-0022 3. Federal Award Date 9-28-2019 4. Assistance Listing Number and Title 16.593 Residential Substance Abuse Treatment 5. Is the Award for Research and Development? ❑ Yes ® No Keri Waterland, assistant director WA State Health Care Authority 6. Contact Information for HCA's Awarding Official Division of Behavioral Health and Recovery keri.waterland «_hca.wa.gov 360-725-5252 7. Subrecipient name (as it appears in SAM.gov) Jefferson, County of 8. Subrecipient's Unique Entity Identifier (UEI) LP11B7JKFN38 WA State Opioid and Overdose 9. Subaward Project Description Treatment Court Response Plan: Equity in Training and Treatment 10. Primary Place of Performance Zip + 4 from GSR 11. Subaward Period of Performance January 28, 2021 - September 30, 2023 12 Amount of Federal Funds Obligated by this $146,731 Action 13. Total Amount of Federal Funds Obligated by $146,731 HCA to the Subrecipient, including this Action 14. Indirect Cost Rate for the Federal Award ° 10% (including if the de minimis rate is charged) This Contract is subject to 2 CFR Chapter 1, Part 170 Reporting Sub -Award and Executive Compensation Information. The authorized representative for the Subrecipient identified above must answer the questions below. If you have questions or need assistance, please contact su r i�itntmonitgring a ha.wa.aov. 1. Did the Subrecipient receive (1) 80% or more of its annual gross revenue from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements? ❑ YES ❑ NO Washington State Page 7 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 5 2. Does the public have access to information about the compensation of the executives in your business or organization through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ YES ❑ NO Washington State Page 8 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 5 ATTACHMENT 6 — Office of Justice Programs (OJP) Award Terms Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. Requirement to report actual or imminent breach of personally identifiable information (PII) The subrecipient must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 3. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The subrecipient must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination Washington State Page 9 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://wwvv.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 4. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The subrecipient must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 5. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The subrecipient must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 6. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The subrecipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The subrecipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The subrecipient must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Washington State Page 10 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 8. Requirement for data on performance and effectiveness under the award The subrecipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 9. Requirements related to "de minimis" indirect cost rate A subrecipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 10. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award is to benefit a set of individuals under 18 years of age. The subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact- Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 11. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 12. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 13. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) Washington State Page 11 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 The subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds would or might fall within the scope of an appropriations -law restriction, the subrecipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 14. Potential imposition of additional requirements The subrecipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee list. 15. Employment eligibility verification for hiring under the award 15.1 The subrecipient must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the subrecipient who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 15.2 Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. Washington State Page 12 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 15.3 Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 15.4 Rules of construction A. Staff involved in the hiring process For purposes of this condition. persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all subrecipient officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the subrecipient may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https,//www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E- Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 16. Restrictions and certifications regarding non -disclosure agreements and related matters No subrecipient under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting Washington State Page 13 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 17. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 18. OJP Training Guiding Principles Any training or training materials that the subrecipient \ at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 19. All subawards ("subgrants") must have specific federal authorization The subrecipient must comply with all applicable requirements for authorization of any subaward. The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 20. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the subrecipient either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the subrecipient to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as Washington State Page 14 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a subrecipient would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 21. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The subrecipient must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 22. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The subrecipient must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 23. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget - modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. Washington State Page 15 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 24. Reporting potential fraud, waste, and abuse, and similar misconduct The subrecipients must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 25. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or prose lytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other term or condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal—fbo.htm. 26. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 27. Regarding medication -assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug courts must not deny any eligible client enrollment to the drug court program because of their use of FDA -approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA -approved medication is clinically beneficial; 4) while under no Washington State Page 16 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904. 28. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA's and National Association of Drug Court Professional's (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffilesl/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement. Washington State Page 17 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 6 ATTACHMENT 7 Quarterly Report Template Program Characteristics — Program Characteristics 4. DoesYour RSAT orogram use evidence -based treatment services A. Select Yes or No B. If yes, please describe the evidence -based treatment services. Cognitive -Behavioral Therapy Yes S. Phase enter the number of treatment staff who work directly with articipants in the RSAT program When ?nswerinq A, Dlease Count all treatment staff regardless of funding source. A. Number of treatment staff B. Of those reported in W, how many are paid for at least partially using BJA program funds, including matching funds? 6. Please enter the amount of funds from all sources (in dollars) spent in your RSAT program during the reporting period for the following areas: Funds spent during Quarter B]A Funds Non-67A Funds (All Other sources) Personnel Fringe benefits Supplies Equipment Contract/consultant fees Construction Indirect costs Other Jail -Based Programs Jul -Aug 2021 — laic -Based Programs 7. During the reporting period using BJA program funds including matching funds did you Day for training for treatment staff to be cross trained in the Jail -based portion of the RSAT program? A. Select Yes or No (Yes/No) Yes r' No 8. Please enter the number of treatment staff members who were cross trained in the Jail -based portion of the RSAT program A Number of treatment staff cross trained (numeric) t 9. During the reporting period, using BJA program funds including matching funds did you pay for training for custody staff to be cross trained in the Jail -based portion of the RSATprogram� Washington State Page 20 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 7 A. Select Yes or 1 Elease enter the number b" of _MAY '* staff members . were cross trained in .Jail -based pQrbgp of thg 8SAI • •g Numberof .•Cross I— Risk Assessment and Treatment Planning those ♦ • entered the Jail -based portion of '_ • 1• • , ll durinci • - reporting period, please enter / number of jail� based participants who were administered a risk and/or needs assessment. I A. Number of Jail -based participants administered a risk and needs assessment (numeric) 12. Please name the risk assessment instrument(s) that is used to assess risk/need, A. Risk assessment instruments used: Ohio Risk/Needs Assessment e j 13. Of those who entered the Jail -based portion of the RSAT orograrn during the reporting period.glease enter the number of such i individuals who were identified as having high criminoaenic risks and/or high sub_sUnce abuse treatment needs A. Number of Jail -based participants with high criminogenic risks/needs(numeric) 14. Of those who entered the Jail -based portion of the RSAT program during the reporting period, please enter the number with an individualized substance abuse treatment IR an A. Number of Jail -based participants with an individualized treatment ._ plan (numeric) �— Number of Participants Receiving Services 15. Please enter the total number of Jail -based parti igants enrolled in the RSATTrogram as of the last day of the reoortina A. Total number of Jail -based participants enrolled as of the last day of the reporting period (numeric) j 16. Please enter the number of NEW Jail -based participants admitted during the reporting period, A. Number of NEW Jail -based participants admitted (numeric) — Services Provided 17. Please enter the number of Jail -based participants who were provided services during the reporting period with BJA program funds A. including matchinQ funds through the following treatment components: Substance abuse and treatment services (numeric) B. Cognitive and behavioral services (cognitive behavioral services include interventions that address criminal thinking and antisocial behavior) (numeric) C Employment services (numeric) D. Housing services (numeric) E. Mental health services (numeric) F. Other services (numeric) Washington State Page 21 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 7 G. Please explain other services III 18. Please enter the number of Jail -based participants who were provided with transitional planning services with BJA program funds including matching funds during the reporting l2eriod. A. Number of Jail -based participants receiving transitional planning services (numeric) — Medication Assisted Treatment (RSAT) 19. If your treatment program includes medication assisted treatment which of the following medications are you utilizing? Cheek all that aooly. A. We do not provide MAT (Skip next question) I— B. We do not have access to MAT (Skip next question) r C. Naltrexone (Vivitrol®, depot naltrexone) D. Buprenorphine or Buprenorphine/Naloxone (Bup/NX) (Suboxone®,) r E. Methadone (-- 20. Of the total participants enrolled in Your grogram how many were deemed eligible for medication -assisted treatment and of those eligible how many received MAT during the reporting riod? A. Individuals Eligible for MAT: (numeric) B. Individuals receiving at least one treatment: (numeric) — Program completion 21. Please enter the number of participants who success U111 completed all requirements of the Jail -based portion of your RSAT i grogram during the reporting geriod. A. Number of Jail -based successful completers (numeric) 22. Of those Jail -based participants who successfully completed all grogram requirements, please enter the number who were released to the community during the reporting period. A. Number of Jail -based successful completers released to the community (numeric) B. Of those reported in 'A', how many individuals were released under correctional supervision. (numeric) C. Of the number of successful completers released to the community, how many individuals were referred to an aftercare program. Aftercare programs are defined in 42 U.S.C. 3796ff-1(c) (numeric) 23. Of those Jail -based program completers released to the community. Tease enter the number with a continuity of care f arranaement or reentry or transitional plan. A. Number of Sail -based successful completers with confirmed continuity of care arrangements (numeric) 1______.___� 24. Please enter the number of individuals who did not complete the Jail based gortion of the RSAT program for the categories below. Jail -based Incompletes Number Washington State Page 22 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 7 Number of participants no longer in the program due to termination for a new charge Number of participants no longer in the program due to release or transfer to another correctional facility Number of participants no longer in the program due to death or serious illness Number of participants no longer in the program due to voluntary drop out Number of participants no longer in the program due to failure to meet program requirements Number of participants no longer in the program due to violation of institutional rules Number of participants who did not complete the program for other reasons Please specify other reasons 25. Of Jail -based participants who left the RSAT program successfully, please enter the number who completed the gram during the following timeframes. A. 0 to 3 months (numeric) B. 4 to 6 months (numeric) C. 7 to 9 months (numeric) D. 10 months or more (numeric) 26. Of those Jail -based participants who left the RSAT program unsuccessfully or did not complete the programs please enter the number who left the program during the following timeframes A. 0 to 3 months (numeric)�� B. 4 to 6 months (numeric) r� C. 7 to 9 months (numeric) F D. 10 months or more (numeric) - — Alcohol and substance Involvement 27. Please enter the number of Jail -based participants who were administered an alcohol/drug test (e.g.. urinalysis test) before admission into your RSAT program A. Number of Jail -based participants tested before admission 28. Of those enrolled in the Jail -based portion of the RSAT program please enter the total number of participants tested for alcohol or illegal substances during the reporting period A. Total number of Jail -based participants tested for alcohol or illegal substances Washington State Page 23 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 7 29. Qf_ftse, enroilgd in the Jail -based portion of the RSAT program— please enter ,the njmber of participants who tested po itive fgr th_ e p_r en e of al gh or illegal sub noes during the reporting period A. Number of Jail -based participants who tested positive for alcohol or illegal substances 30, During the reporting period, please enter the number of participants who were administered an_alcohol/dru4 test e. . urinalysis testy within 30 d yss_after successfully completing_vour residential drug treatment program and are still under supervision of the -pro gram. A. Number of Jail -based participants tested after program completion B. Of that number, how many tested positive for alcohol or illegal substances after program completion Washington State Page 24 of 22 Substance Abuse Treatment Services Health Care Authority HCA Contract No. K4880-2 Attachment 7 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: David Fortino DATE: December 19, 2022 SUBJECT: Amendment to HCA Grant Contract for the Residential Substance Abuse Treatment Program. STATEMENT OF ISSUE: This Amendment to the HCA grant contract for Residential Substance Abuse Treatment will allow work to continue that has helped address behavioral health and substance use disorders 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 provides 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 enhances 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 approve this contract and sub -recipient agreement. County Administrator Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITIL Washington State Health Care = (Name of Contractor/Consultant) t. ontract No. COUNTY DEPARTMENT: Contact Person: David Fortino Contact Phone: 360-344-9743 Contact email: dfortino cDco.iefferson.wa.us AMOUNT: $146,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds $146,000 $50,000 MH Mileage fund PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid x RFP or RFQ Other: APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: � N/A: ,rrr� /1 7 d . Signa ate STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: 5011 N/A: _ 4 e. SigR6ture Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/14/2022. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 12/13/2022. (1) State language - cannot change. (2) Please correct signature page next time to County standard (BoCC signature with PAO signature line) before submitting contract. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL �06f: aQ fI15 a fud DocuSign Envelope ID: 7 BF24D5-OCB6-433F-97DE-6AD72331EBOD Washington State ;; CONTRACT HCA Contract No.: K4880 } Health Care !'_Ulhorlty 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 I CONTRACTOR ADDRESS CONTRACTOR CONTRACT MANAGER 79 Elkins Road Name: David Fortino Port Hadlock, WA 98339 Email: dfortino(a)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 Department of Behavioral Health and Recovery HCA DIVISION/SECTION 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.wri-ght@hcawa.gov 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 DocuSign Envelope ID: 748F24D5-OC86-433F-97DE-6AD72331EBOD 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. 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 (FATS); 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. HCA Contract No. K4880-01 Page 2 of 7 00cuSign Envelope ID:748F2405-DCB8433F-97DE-6AD72331 EBOD 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 signing 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. CONTRACTORSI RE PRINTED NAME AND TITLE DATE SIGNED Kate Dean, ���/S/ Chair, Board of County Commissioners MGA SIGNATI PRINTED NAME ANO I I(LE DATE SIGNED ...�•w•�. Rachelle Amerine a� Contracts Administrator 10/28/2021 Approved as to Form Only November 1, 2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney HCA Contract No, K4880-01 Page 3 of 7 DocuSign Envelope ID: 748F24D5-OC86-433F-97DE-6AD72331EBOD 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) Subrecipient's unique entity identifier; (DUNS) 6194374 (iii) Federal Award Identification Number (FAIN); 2017RTBX4027 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; $146,000. (vi) Amount of Federal Funds Obligated by this action; (vii) Total Amount of Federal Funds Obligated to the $292 000 subrecipient; (xiii) Total Amount of the Federal Award; 2017 - $161,0622018 - $406,597 (ix) Federal award project description, as required to Residential Substance Abuse Treatment for be responsive to the Federal Funding State Prisoners Accountability and Transparency Act (FFATA); 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.waterlandC-Mca. wa, qov (A) 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 (FBA) costs). HCA Contract No. K4880-01 Page 4 of 7 DocuSign Envelope ID: 748F24D5-OCB6-433F-97DE-6AD72331EBOD 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 i purposes, and to authorize others to do so. HCA Contract No. K4880-01 Page 6 of 7 DocuSign Envelope ID: 748F2405-OC86-433F-97DE-6AD72331EBOD 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) _MandatorvGranteeDisclosure_s oighhs.go_v 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 llwww.gp_oyov/fdSVs/pkg/CFR-2012-title2-voll/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 HCA Contract No. K4880-01 Page 6 of 7 DocuSign Envelope ID: 748F24D5-OCB6-433F-97DE-6AD72331EBOD 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: https/lwww.healthypeople.gov/ 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: httpl/www hhs.gov/ocr/civilrights/understanding/section1557/index.html. Recipients of FFA also have specific legal obligations for serving qualified individuals with disabilities. Please see- http://www hhs.gov/ocr/civilrights/understanding/disability/index.htnil. Please contact the HHS Office for Civil Rights for more information about obligations and prohibitions under Federal civil rights laws at https:/twww.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://minorityheaith.hhs.gov/omh/browse.aspx?lvl=1&Mid=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/bill/115th-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 HCA Contract No. K4880-01 Page 7 of 7 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: Mark McCauley, Werim County Administra D to CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Health Care Authority k4880 Name ofCont ractor/Consultant Contract No. COUNTY DEPARTMENT: Contact Person: David Fortino Contact Phone: 360-344-9743 Contact email: dfortino(fto.iefferson.wa.us AMOUNT: $146.000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds $146,000 $50,000 MH Mileage fund PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid x RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: 0 N/A:-�•-»ram-i _ // /�jb91 ignature ' Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: Q N/A: F-1 ignature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/112021. State language. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/9/2021. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL