HomeMy WebLinkAboutAgreements/Contracts - GRIS (002)DocuSign Envelope ID: CAA54D21-A37D-4439-B837-9C7C92CABOC8 K19-148
Washington State
PROFESSIONAL SERVICES
HCA Contract Number: K3958
tL
Care'..or"ti.�
Ht^alth �.�GJTA
CONAl ACTo r
Funded Treatment. and
Resulting from Solicitation tation Number (!f
a pp((cable: NA
..`
Recovery Support Services
Contractor a Subreciaient under this Contract?
CFDA NUMBER(S): FFATA Form Reauired
❑YES ENO
Contractor/Vendor Contract Number:
THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Grant
County, (Contractor).
.CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS {DBA}
Grant Integrated Services
Grant County
P.O. Box 1057, .Moses Lake, WA 98837
CONTRACTOR ADDRESS Street
City State Zip- Code
35 C Street NVV, P.O. Box 37
Ephrata WA 988230037
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS
rGail Goodwin 509 764-2644
( }
'
ggoodwin@grantcountywa.gov
Contractor a Subreciaient under this Contract?
CFDA NUMBER(S): FFATA Form Reauired
❑YES ENO
DYES ®NO
HCA PROGRAM
HCA DIVISION/SECTION
Criminal Justice Treatment Account- State Appropriations
DBHR / SUD
HCA CONTACT NAME AND TITLE
HCA CONTACT ADDRESS
Annette schuffenhauer Chief Legal
Health Care Authority
Tony Walton, Crim-inal Justice Behavioral Health Administrator
626 8th Avenue SE
PO Box 42730
Olympia, WA 98504-2730
HCA CONTACT TELEPHONE
HCA CONTACT E-MAIL ADDRESS
(360} 725-9992
1 'tony.waltonCcr�,hca.wa,aoV
CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT
July 1, 2019, June 30, 2020
$90,0.27.00
PURPOSE OF CONTRACT:
Contractor to provi.cde Criminal Justice Treatment Account Funds to provide treatment and recovery support -services to
individuals involved in the .criminal justice system in. accordance with RCW 71.24.580.
The parties signing below warrant that they have read and understand this Contract, and have authority to
execute- this Contract. This Contract will be binding on HCA only upon signature by HCA.
CONTRACTORSIGNATURE
.�
PRINTED NAME AND TITLE
Toni Taylor, BOCC Chair
DATE SIGNED
let
HCA SIGNATURE
PRINTED NAME AND TITLE
DATE. SIGNED
—°-DocuSigned by:
duit"'At"
Annette schuffenhauer Chief Legal
offi c
r10/2/2019
—4F259FCAF7C2450...
TABLE OF CONTENTS
1. STATEMENT OF WORK (SOW).....................................................................................................4
2. DEFINITIONS...............................................................................................................................4
3. SPECIAL TERMS AND CONDITIONS..............................................................................................6
3.1 PERFORMANCE EXPECTATIONS................................................................... ............................... 6
3.2 TERM............................................................................................................................................. 6
3.3 COMPENSATION...........................................................................................................................7
3.4 INVOICE AND PAYMENT................................................................................................................ 8
3.5 CONTRACTOR AND HCA CONTRACT MANAGERS........................................................................... 9
3.6 LEGAL NOTICES............ ......................... 10
.... ... .......... .
..................................................
3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE..............................................11
3.8 INSURANCE.................................................................................................................................11
4. GENERAL TERMS AND CONDITIONS..........................................................................................12
4.1 ACCESS TO DATA..........................................................................................................................12
4.2 ADVANCE PAYMENT PROHIBITED...............................................................................................13
4.3 AMENDMENTS............................................................................................................................13
4.4 ASSIGNMENT .......... ................................................................................................................13
4.5 ATTORNEYS' FEES.....................................................................................................................13
4.6 CHANGE IN STATUS.....................................................................................................................13
4.7 CONFIDENTIAL INFORMATION PROTECTION...............................................................................13
4.8 CONFIDENTIAL INFORMATION SECURITY...................................................................................14
4.9 CONFIDENTIAL INFORMATION BREACH - REQUIRED NOTIFICATION.........................................14
4.10 CONTRACTOR'S PROPRIETARY INFORMATION...........................................................................15
4.11 COVENANT AGAINST CONTINGENT FEES....................................................................................15
4.12 DEBARMENT.................................................................................................................... .........16
4.13 DISPUTES.....................................................................................................................................16
4.14 ENTIRE AGREEMENT...................................................................................................................17
4.15 FORCE MAJEURE . ........ .......... ...... ... ... ......... . 17
..... ... ... ...... .............................................................
4.16 FUNDING WITHDRAWN, REDUCED OR LIMITED.........................................................................17
4.17 GOVERNING LAW........................................................................................................................18
4.18 HCA NETWORK SECURITY............................................................................................................18
4.19 INDEMNIFICATION......................................................................................................................18
4.20 INDEPENDENT CAPACITY OF THE CONTRACTOR.........................................................................18
4.21 INDUSTRIAL INSURANCE COVERAGE...........................................................................................18
4.22 LEGAL AND REGULATORY COMPLIANCE.....................................................................................19
Washington State 2 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
4.23
LIMITATION OFAUTHORITY ........................................................................................................ 19
4.24
NOTHIRD-PARTY BENEFICIARIES --------------------------------l9
4.25
NONDISCRIMINATION .................................................................................................................
19
4.26
OVERPAYMENTS TOCONTRACTOR -------------------------------l9
4.27
PAY EQUITY __________________________________---------2O
4.28
PUBLICITY _________________________________-----------2O
4.29
RECORDS AND DOCUMENTS REVIEW -----------------------------..21
4.30
REMEDIES NON-EXCLUSIVE ______________________________-----21
43I
'
RIGHT -------------------------------------..21
4.32
RIGHTS |NDATA/OWNERSHIP .....................................................................................................
2l
4.35
RIGHTS OF STATE AND FEDERAL GOVERNMENTS ........................................................................
22
4.94
SEVERABILITY ------_________________,______
23
4.35
SITE SECURITY ..............................................................................................................................
23
4.36
SUBCONTRACTING ' ---------------------------------------.Z3
437
SURVIVAL ....................................................................................................................................
23
4.38
TAXES ..................................................................................................................
24
4�B
'
TERMINATION
' -----------------------------------------..24
4.40
TERMINATION . __________________________—_------25
4.41
WAIVER ...................................................... .....................................................................
ZG
..........
4.42
WARRANTIES
Attachments
Attachment 1: Confidential Information Security Requirements
Attachment 2: Quarterly Progress Report Template
Attachment 3: Quarterly Revenue and Expenditure Report Template
Schedules
Schedule A: Statement of Work (SOW) CTJA Funded Treatment and Recovery
Support Services
Washington State 3 CJT�FundedT�abn��d
Hee�hCare Au�o�y —' '--~~',~~,r~'^
Contract K3958 for CTJA Funded Treatment and Recovery Services
IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as
follows:
1. STATEMENT OF WORK (SOW)
The Contractor will provide the services and staff as described in Schedule A: Statement of
Work.
2. DEFINITIONS
"Authorized Representative" means a person to whom signature authority has been
delegated in writing acting within the limits of his/her authority.
"Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential
Information that compromises the security, confidentiality, or integrity of the Confidential
Information.
"Business Associate" means a Business Associate as defined in 45 CFR 160.103, who
performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity,
that involves -the use or disclosure of protected health information (PHI). Any reference to
Business Associate in this Contract includes Business Associate's employees, agents, officers,
Subcontractors, third party contractors, volunteers, or directors.
"Business Days and Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific
Time, except for holidays observed by the state of Washington.
"Centers for Medicare and Medicaid Services" or "CI S" means the federal office under the
Secretary of the United States Department of Health and Human Services, responsible for the
Medicare and Medicaid programs.
"CFR" means the Code of Federal Regulations. All references in this Contract to CFR
chapters or sections include any successor, amended, or replacement regulation. The CFR
may be accessed at http://wvvw.ecf r. g ov/cq i -b i n/EC F R? page= browse.
"Confidential Information" means information that may be exempt from disclosure to the
public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other
state or federal statutes or regulations. Confidential Information includes, but is not limited to,
any information identifiable to an individual that relates to a natural person's health, (see also
Protected Health Information); finances, education, business, use or receipt of governmental
services, names, addresses, telephone numbers, social security numbers, driver license
numbers, financial profiles, credit card numbers, financial identifiers and any other identifying
numbers, law enforcement records, HCA source code or object code, or HCA or State security
information.
"Contract" means this Contract document and all schedules, exhibits, attachments,
incorporated documents and amendments.
Washington State 4 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
"Contractor" means Grant County, its employees and agents. Contractor includes any firm,
provider, organization, individual or other entity performing services under this Contract. It also
includes any Subcontractor retained by Contractor as permitted under the terms of this
Contract.
"Covered entity" means a health plan, a health care clearinghouse or a health care provider
who transmits any health information in electronic form to carry out financial or administrative
activities related to health care, as defined in 45 CFR 160.103.
"Data" means information produced, furnished, acquired, or used by Contractor in meeting
requirements under this Contract.
"Effective Date" means the first date this Contract is in full force and effect. It may be a
specific date agreed to by the parties; or, if not so specified, the date of the last signature of a
party to this Contract.
"HCA Contract Manager" means the individual identified on the cover page of this Contract
who will provide oversight of the Contractor's activities conducted under this Contract.
"Health Care Authority" or "HCA" means the Washington State Health Care Authority, any
division, section, office, unit or other entity of HCA, or any of the officers or other officials
lawfully representing HCA.
"Overpayment" means any payment or benefit to the Contractor in excess of that to which the
Contractor is entitled by law, rule, or this Contract, including amounts in dispute.
"Proprietary Information" means information owned by Contractor to which Contractor claims
a protectable interest under law. Proprietary Information includes, but is not limited to,
information protected by copyright, patent, trademark, or trade secret laws.
"Protected Health Information" or "PHI" means individually identifiable information that
relates to the provision of health care to an individual; the past, present, or future physical or
mental health or condition of an individual; or past, present, or futurepayment for provision of
health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information
is information that identifies the individual or about which there is a reasonable basis to believe
it can be used to identify the individual, and includes demographic information. PHI is
information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI
does not include education records covered by the Family Educational Rights and Privacy Act,
as amended, 20 USC 1232g(a)(4)(b)(iv).
"RCW" means the Revised Code of Washington. All references in this Contract to RCW
chapters or sections include any successor, amended, or replacement statute. Pertinent RCW
chapters can be accessed at: httg:Happs.leq_.wa.qov/rcw/.
"Statement of Work" or "SOW" means a detailed description of the work activities the
Contractor is required to perform under the terms and conditions of this Contract, including the
deliverables and timeline, and is Schedule A hereto.
Washington State 5 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
"Subcontractor" means a person or entity that is not in the employment of the Contractor,
who is performing all or part of the business activities under this Contract under a separate
contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier.
"Subrecipient" shall have the meaning given in 45 C.F.R. 75.2, or any successor or
replacement to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any
successor or replacement to such definition, for any other federal award.
"USC" means the United States Code. All references in this Contract to USC chapters or
sections will include any successor, amended, or replacement statute. The USC may be
accessed -at http://uscode. house.gov/
"IAC" means the Washington Administrative Code. All references to WAC chapters or
sections will include any successor, amended, or replacement regulation. Pertinent WACs may
be accessed at: http://app.leq.wa.-gov/wac/.
3. SPECIAL TERMS AND CONDITIONS
3.1 PERFORMANCE EXPECTATIONS
Expected performance under this Contract includes, but is not limited to, the following:
3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to
subject of contract;
3.1.2 Use of professional judgment;
3.1.3 Collaboration with HCA staff in Contractor's conduct of the services;
3.1.4 Conformance with HCA directions regarding the delivery of the services;
3.1.5 Timely, accurate and informed communications;
3.1.6 Regular completion and updating of project plans, reports, documentation and
communications; and
3.1.7 Provision of high quality services.
Prior to payment of invoices, HCA will review and evaluate the performance of Contractor
in accordance with Contract and these performance expectations and may withhold
payment if expectations are not met or Contractor's performance is unsatisfactory.
3.2 TERM
3.2.1
Washington State
Health Care Authority
The initial term of the Contract will commence on July 1, 2019 and continue
through June 30, 2020, unless terminated sooner as provided herein.
6 CJTA Funded Treatment and Recovery Support
HCA Contract K3958
3.2.2 This Contract may be extended by mutual written agreement of the parties. No
change in terms and conditions will be permitted during these extensions unless
specifically agreed to in writing.
3.2.3 Work performed without a contract or amendment signed by the authorized
representatives of both parties will be at the sole risk of the Contractor. HCA will
not pay any costs incurred before a contract or any subsequent amendment(s) is
fully executed.
3.3 COMPENSATION
3.3.1 The Maximum Compensation payable to Contractor for the performance of all
things necessary for or incidental to the performance of work as set forth in
Schedule A: Statement of Work is $90,027.00, and includes any allowable
expenses. The Maximum Compensation includes $90,027 CJTA funding, and
$0.00 State Drug Court funding.
3.3.2 Contractor's compensation for services rendered will be based on the following
rates or in accordance with deliverables table below. Payment will be contingent
upon HCA Contract Manager
acceptance of the deliverable, and approval
of a
correct and complete invoice from Contractor.
Deliverables Table
July
1, 2019 through June 30, 2020
Deliverable
Due Date Quarterly
An—nu-al Maximum
Amount(s)
Amount
1 Submit a county Crimial Justice
Treatment Account
October 1, 2019 E
$223503.00
(CJTA) Plan
that was approved by the local
CJTA panel and signed by
County
2 Submit quarterly progress reports
Last Business Day $55627.00
$22,508.00
of April, July,
October, January
3 Submit quarterly CJTA Revenue
Last Business Day $5,627.00
$22,508.00
and Expenditure Reports
of April, July,
October, January
4 Submit quarterly Programmatic
Last Business Day $5,627.00
$22,508.00
Treatment Reports through
of April, July,
Secure File Transfer (SFT)
October, January
process
I
State Fiscal Year 2020 Maximum Total Compensation
$905027.00
3.3.3 The Contractor is required to limit Administration costs to no more than ten
percent (10%) of the annual revenue supporting the public behavioral health
system operated by Contractor. Administration costs will be measured on a fiscal
year basis and based on the information reporting in the Revenenue and
Expenditure reports and reviewed by the HCA Behavioral Health Administration.
Washington State 7 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
3.3.4
Payment will be withheld if the deliverables are not met by the date indicated in
the table above.
3.3.5 Day-to-day expenses related to performance under the Contract, including but
not limited to travel, lodging, meals, and incidentals, will not be reimbursed to
Contractor.
3.3.6 Source of Funds. The above Maximum Compensation payable under this
Contract is based on the funding from the following sources:
3.3.6.1 100% is allocated under this Contract from Washington state CJTA
appropriations.
3.3.6.2 Funding Stipulations:
a) No Federal Match. The Contractor shall not use funds payable
under this Contract as match toward federal funds.
b) Supplanting. The Contractor must use these funds to supplement,
not supplant the amount of federal, state and local funds
otherwise expended or services provided under this Contract.
c) Prohibition of Use of Funds for Lobbying Activities. The Contractor
must not use funds payable under this Contract for lobbying
activities of any nature. The Contractor certifies that no state or
federal funds payable under this Contract shall be paid to any
person or organization to influence, or attempt to influence, either
directly or indirectly, an officer or employee of an state or federal
agency, or an officer or member of any state or federal legislative
body or committee, regarding the award, amendment,
modification, extension, or renewal of a state or federal contract or
grant.
d) Per RCW 71.24.582, the HCA is required to reclaim any unspent
allocations each state fiscal year.
3.4 INVOICE AND PAYMENT
3.4.1 Contractor must submit accurate invoices to the following address for all amounts
to be paid by HCA via e-mail to the HCA Contract Manager, identified in Section
3.5. Include the HCA Contract number in the subject line of the email.
3.4.2 Invoices must describe and document to RCA's satisfaction a description of the
work performed, the progress of the project, and fees. If expenses are invoiced,
invoices must provide a detailed breakdown of each type. Any single expense in
the amount of $50.00 or more must be accompanied by a receipt in order to
receive reimbursement. All.invoices will be reviewed and must be approved by
the HCA Contract Manager or his/her designee prior to payment.
Washington State 8 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
3.4.3 Contractor must submit properly itemized invoices to include the following
information, as applicable:
3.4.3.1 HCA Contract number K3958;
3.4.3.2 Contractor name, address, phone number;
3.4.3.3 Description of Services;
3.4.3.4 Date(s) of delivery;
3.4.3.5 Net invoice price for each item;
3.4.3.6 Applicable taxes;
3.4.3.7 Total invoice price; and
3.4.3.8 Payment terms and any available prompt payment discount.
3.4.4 HCA will return incorrect or incomplete invoices to the Contractor for correction
and reissue. The Contract Number must appear on all invoices, bills of lading,
packages, and correspondence relating to this Contract.
3.4.5 In order to receive payment for services or products provided to a state agency,
Contractor must register with the Statewide Payee Desk at https //Ofm.wa.qov/it-
system,s/statewide-vendorpaVee-services/receiving-;Davment-state. Payment will
be considered timely if made by HCA within thirty (30) calendar days of receipt of
properly completed invoices. Payment will be directly deposited in the bank
account or sent to the address Contractor designated in its registration.
3.4.6 Upon expiration of the Contract, any claims for payment for costs due and
payable under this Contract that are incurred prior to the expiration date must be
submitted by the Contractor to HCA within sixty (60) calendar days after the
Contract expiration date. HCA is under no obligation to pay any claims that are
submitted sixty-one (61) or more calendar days after the Contract expiration date
("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any
such potential payment is contingent upon the availability of funds.
3.5 CONTRACTOR AND HCA CONTRACT MANAGERS
3.5.1 Contractor's Contract Manager will have prime responsibility and final authority
for the services provided under this Contract and be the principal point of contact
for the HCA Contract Manager for all business matters, performance matters,
and administrative activities.
3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's
performance and will be the contact person for all communications regarding
contract performance and deliverables. The HCA Contract Manager has the
authority to accept or reject the services provided and must approve Contractor's
invoices prior to payment.
Washington State 9 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
3.5.3 The contact information provided below may be changed by written notice of the
change (email acceptable) to the other party.
CONTRACTOR:.:
Health Authority
-Contrict Manag r Information*
q Contract
Manager Iformati on
Name:
Gail Goodwin
Name:
Tony Walton
Medical Assistance Program
Title:
Title:
Specialist 3
626 8th Avenue SE
35 C Street NW, P.O. Box 37
Address:
Address:
PO Box 42730
Ephrata, WA 98823-0037
Olympia, WA 98504-2730
Phone:
(509) 764-2644
Phone:
(360) 725-9992
Email:
ggoodwin.@grantcountywa.gov
Email:
tonY.waIton(o_)_hca.wa.qov
3.6 LEGAL NOTICES
Any notice or demand or other communication required . or permitted to be given under this
Contract or applicable law is effective only if it is in writing and signed by the applicable
party, properly addressed, and delivered in person,via email, or by a recognized courier
service, or deposited with the United States Postal Service as first-class mail, postage
prepaid certified mail, return receipt requested, to the parties at the addresses provided in
this section.
3.6.1 In the case of notice to the Contractor:
Grant County
35 C Street NW, P.O. Box 37
Ephrata, WA 98823-0037
3.6.2 In the case of notice to HCA:
Attention: Contracts Administrator
Health Care Authority
Division of Legal Services
Post Office Box 42702
Olympia, WA 98504-2702
3.6.3 Notices are effective upon receipt or four (4) Business Days after mailing,
whichever is earlier.
3.6.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
Washington State 10 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Contract. In
the event of an inconsistency, the inconsistency will be resolved in the following order of
precedence. -
3.7.1 Applicable Federal and State of Washington statutes and regulations;
3.7.2 Recitals
3.7.3 Special Terms and Conditions;
3.7.4 General Terms and Conditions;
3.7.5 Attachment 1: Confidential Information Security Requirements;
3.7.6 Schedule A: Statement(s) of Work;
3.7.7 Attachment 2: Quarterly Progress Report Template;
3.7.8 Attachment 3: Quarterly Revenue and Expenditure Report Template; and
3.7.9 Any other provision, term or material incorporated herein by reference or
otherwise incorporated.
3.8 INSURANCE
The intent of the required insurance is to protect the State should there be any claims,
suits, actions, costs, damages or expenses arising from any negligent or intentional act or
omission of Contractor or Subcontractor, or agents of either, while performing under the
terms of this Contract. Contractor certifies that it is self-insured, is a member of a risk pool,
or maintains the types and amounts of insurance identified below:
3.8.1 Commercial General Liability Insurance Policy - Provide a Commercial General
Liability Insurance Policy, including contractual liability, in adequate quantity to
protect against legal liability arising out of contract activity but no less than
$1 million per occurrence/$2 million general aggregate. Additionally, Contractor is
responsible for ensuring that any Subcontractors provide adequate insurance
coverage for the activities arising out of subcontracts.
3.8.2 Business Automobile Liability. In the event that services delivered pursuant to
this Contract involve the use of vehicles, either owned, hired, or non -owned by
the Contractor, automobile liability insurance is required covering the risks of
bodily injury (including death) and property damage, including coverage for
contractual liability. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property
damage.
Washington State 11 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
3.8.3 Professional Liability Errors and Omissions — Provide a policy with coverage of
not less than $1 million per claim/$2 million general aggregate.
3.8.4 The insurance required must be issued by an insurance companyhes authorized
to do business within the state of Washington, and must name HCA and the state
of Washington, its agents and employees as additional insured's under any
Commercial General and/or Business Automobile Liability policy/ies. All policies
must be primary to any other valid and collectable insurance. In the event of
cancellation, nonrenewal, revocation or other termination of any insurance
coverage required by this Contract, Contractor must provide written notice of
such to HCA within one (1) Business Day of Contractor's receipt of such notice.
Failure to buy and maintain the required insurance may, at HCA's sole option,
result in this Contract's termination.
3.8.5 Privacy Breach Response Coverage. For the term of this Contract and 3 years
following its termination or expiration, Contractor must maintain insurance to
cover costs incurred in connection with a security incident, privacy Breach, or
potential compromise of Data, including:
3.8.5.1 Computer forensics assistance to assess the impact of the Breach or
potential Breach, determine root cause, and help determine whether
and the extent to which notification must be provided to comply with
Breach notification laws.
3.8.5.2 Notification and call center services for individuals affected by a Breach.
3.8.5.3 Breach resolution and mitigation services for individuals affected by a
Breach, including fraud prevention, credit monitoring and identity theft
assistance.
3.8.5.4 Regulatory defense, fines and penalties from any claim in the form of a
regulatory proceeding resulting from a violation of any applicable
privacy or security law(s) or regulation(s).
Upon request, Contractor must submit to HCA a certificate of insurance that outlines the
coverage and limits defined in the Insurance section. If a certificate of insurance is
requested, Contractor must submit renewal certificates as appropriate during the term of
the contract.
4. GENERAL TERMS AND CONDITIONS
4.1 ACCESS To DATA
In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide
access to any data generated under this Contract to HCA, the Joint Legislative Audit and
Review Committee, the State Auditor, and any other state or federal officials so authorized
by law, rule, regulation, or agreement at no additional cost. This includes access to all
information that supports the findings, conclusions, and recommendations of the
Contractor's reports, including computer models and methodology for those models.
Washington State 12 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
4.2 ADVANCE PAYMENT PROHIBITED
No advance payment will be made for services furnished by the Contractor pursuant to
this Contract.
4.3 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments
will not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
4.4 ASSIGNMENT
4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of
its rights hereunder, or delegate any of its duties hereunder, except delegations
as set forth in Section 4.36, Subcontracting, without the prior written consent of
HCA. Any permitted assignment will not operate to relieve Contractor of any of its
duties and obligations hereunder, nor will such assignment affect any remedies
available to HCA that may arise from any breach of the provisions of this
Contract or warranties made herein, including but not limited to, rights of setoff.
Any attempted assignment, transfer or delegation in contravention of this
Subsection 4.4.1 of the Contract will be null and void.
4.4.2 HCA may assign this Contract to any public agency, commission, board, or the
like, within the political boundaries of the State of Washington, with written notice
of thirty (30) calendar days to Contractor.
4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and
their permitted successor's and assigns.
4.5 ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the terms of this Contract, each
party agrees to bear its own attorneys' fees and costs.
4.6 CHANGE IN STATUS
In the event of any substantive change in its legal status, organizational structure, or fiscal
reporting responsibility, Contractor will notify HCA of the change. Contractor must provide
notice as soon as practicable, but no later than thirty (30) calendar days after such a
change takes effect.
4.7 CONFIDENTIAL INFORMATION PROTECTION
4.7.1 Contractor acknowledges that some of the material and information that may
come into its possession or knowledge in connection with this Contract or its
performance may consist of Confidential Information. Contractor agrees to hold
Confidential Information in strictest confidence and not to make use of
Washington State 13 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Confidential Information for any purpose other than the performance of this
Contract, to release it only to authorized employees or Subcontractors requiring
such information for the purposes of carrying out this Contract, and not to
release, divulge, publish, transfer, sell, disclose, or otherwise make the
information known to any other party without RCA's express written consent or
as provided by law. Contractor agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to Confidential
Information (See Attachment 1: Confidential information Security Requirements).
4.7.2 Contractors that come into contact with Protected Health Information may be
required to enter into a Business Associate Agreement with HCA in compliance
with the requirements of the Health Insurance Portability and Accountability Act
of 1996, Pub. L. 104-191, as modified by the American Recovery and
Reinvestment Act of 2009 ("ARRA"), Sec. 13400 -- 134247 H.R. 1 (2009)
(HITECH Act) (HIPAA).
4.7.3 HCA reserves the right to monitor, audit, or investigate the use of Confidential
Information collected, used, or acquired by Contractor through this Contract.
Violation of this section by Contractor or its Subcontractors may result in
termination of this Contract and demand for return of all Confidential Information,
monetary damages, or penalties.
4.7.4 The obligations set forth in this Section will survive completion, cancellation,
expiration, or termination of this Contract.
4.8 CONFIDENTIAL INFORMATION SECURITY
The federal government, including the Centers for Medicare and Medicaid Services
(CMS), and the State of Washington all maintain security requirements regarding privacy,
data access, and other areas. Contractor is required to comply with the Confidential
Information Security Requirements set out in Attachment 1 to this Contract and
appropriate portions of the Washington OCl o Security Standard, 141.10
(https://ocio.wa.g olicies/1 41 -securing-information-technology-assets/1 411y-assets/1411 0 -securing -
information -technology -assets).
4.9 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION
4.9.1 Contractor must notify the HCA Privacy Officer (H CAP rivacyofficer cam. ,hca.wa.gov)
within five Business Days of discovery of any Breach or suspected Breach of
Confidential Information.
4.9.2 Contractor will take steps necessary to mitigate any known harmful effects of
such unauthorized access including, but not limited to, sanctioning employees
and taking steps necessary to stop further unauthorized access. Contractor
agrees to indemnify and hold HCA harmless for any damages related to
unauthorized use or disclosure of Confidential information by Contractor, its
officers, directors, employees, Subcontractors or agents.
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4.9.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be
made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW
19.255.010, or other law or rule, then:
4.9.3.1 HCA may choose to make any required notifications to the individuals,
to the U.S. Department of Health and Human Services Secretary
(DHHS) Secretary, and to the media, or direct Contractor to make them
or any of them.
4.9.3.2 In any case, Contractor will pay the reasonable costs of notification to
individuals, media, and governmental agencies and of other actions
HCA reasonably considers appropriate to protect HCA clients (such as
paying for regular credit watches in some cases).
4.9.3.3 Contractor will compensate HCA clients for harms caused to them by
any Breach or possible Breach.
4.9.4 Any breach of this clause may result in termination of the Contract and the
demand for return or disposition (Attachment 1, Section 6) of all Confidential
Information.
4.9.5 Contractor's obligations regarding Breach notification survive the termination of
this Contract and continue for as long as Contractor maintains the Confidential
Information and for any breach or possible breach at any time.
Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records
Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any
specific information that is claimed by Contractor to be Proprietary Information must be
clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW,
HCA will maintain the confidentiality of Contractor's information in its possession that is
marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary
Information, HCA will notify Contractor of the request and of the date that such records will
be released to the requester unless Contractor obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order
enjoining disclosure, HCA will release the requested information on the date specified.
4.11 COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the Contractor for the purpose of securing business.
HCA will have the right, in the event of breach of this clause by the Contractor, to annul
this Contract without liability or, in its discretion, to deduct from the contract price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
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4.12 DEBARMENT
By signing this Contract, Contractor certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded in any Washington
State or Federal department or agency from participating in transactions (debarred).
Contractor agrees to include the above requirement in any and all subcontracts into which
it enters, and also agrees that it will not employ debarred individuals. Contractor must
immediately notify HCA if, during the term of this Contract, Contractor becomes debarred.
HCA may immediately terminate this Contract by providing Contractor written notice, if
Contractor becomes debarred during the term hereof.
4.13 DISPUTES
The parties will use their best, good faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will continue without
delay to carry out their respective responsibilities under this Contract while attempting to
resolve any dispute. When a genuine dispute arises between HCA and the Contractor
regarding the terms of this Contract or the responsibilities imposed herein and it cannot be
resolved between the parties' Contract Managers, either party may initiate the following
dispute resolution process.
4.13.1 The initiating party will reduce its description of the dispute to writing and deliver
it to the responding party (email acceptable). The responding party will respond
in writing within five (5) Business Days (email acceptable). If the initiating party is
not satisfied with the response of the responding party, then the initiating party
may request that the HCA Director review the dispute. Any such request from the
initiating party must be submitted in writing to the HCA Director within five (5)
Business Days after receiving the response of the responding party. The HCA
Director will have sole discretion in determining the procedural manner in which
he or she will review the dispute. The HCA Director will inform the parties in
writing within five (5) Business Days of the procedural manner in which he or she
will review the dispute, including a timeframe in which he or she will issue a
written decision.
4.13.2 A party's request for a dispute resolution must:
4.13.2.1 Be in writing;
4.13.2.2 Include a written description of the dispute;
4.13.2.3 State the relative positions of the parties and the remedy sought;
4.13.2.4 State the Contract Number and the names and contact information for
the parties;
4.13.3 This dispute resolution process constitutes the sole administrative remedy
available under this Contract. The parties agree that this resolution process will
precede any action in a judicial or quasi-judicial tribunal.
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4.14 ENTIRE AGREEMENT
HCA and Contractor agree that the Contract is the complete and exclusive statement of
the agreement between the parties relating to the subject matter of the Contract and
supersedes all letters of intent or prior contracts, oral or written, between the parties
relating to the subject matter of the Contract, except as provided in Section 4.42
Warranties.
4.15 FORCE MAJEURE
A party will not be liable for any failure of or delay in the performance of this Contract for
the period that such failure or delay is due to causes beyond its reasonable control,
including but not limited to acts of God, war, strikes or labor disputes, embargoes,
government orders or any other force majeure event.
4.16 FUNDING WITHDRAWN, REDUCED OR LIMITED
If HCA determines in its sole discretion that the funds it relied upon to establish this
Contract have been withdrawn, reduced or limited, or if additional or modified conditions
are placed on such funding after the effective date of this contract but prior to the normal
completion of this Contract, then HCA, at its sole discretion, may:
4.16.1 Terminate this Contract pursuant to Section 4.39.3, Termination for Non -
Allocation of Funds;
4.16.2 Renegotiate the Contract under the revised funding conditions; or
4.16.3 Suspend Contractor's performance under the Contract upon five (5) Business
Days' advance written notice to Contractor. HCA will use this option only when
HCA determines that there is reasonable likelihood that the funding insufficiency
may be resolved in a timeframe that would allow Contractor's performance to be
resumed prior to the normal completion date of this Contract.
4.16.3.1 During the period of suspension of performance, each party will inform
the other of any conditions that may reasonably affect the potential for
resumption of performance.
4.16.3.2 When HCA determines in its sole discretion that the funding
insufficiency is resolved, it will give Contractor written notice to resume
performance. Upon the receipt of this notice, Contractor will provide
written notice to HCA informing HCA whether it can resume
performance and, if so, the date of resumption. For purposes of this
subsection, "written notice" may include email.
4.16.3.3 If the Contractor's proposed resumption date is not acceptable to HCA
and an acceptable date cannot be negotiated, HCA may terminate the
contract by giving written notice to Contractor. The parties agree that
the. Contract will be terminated retroactive to the date of the notice of
suspension. HCA will be liable only for payment in accordance with the
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terms of this Contract for services rendered prior to the retroactive date
of termination.
4.17 GOVERNING LAW
This Contract is governed in all respects by the laws of the state of Washington, without
reference to conflict of law principles. The jurisdiction for any action hereunder is
exclusively in the Superior Court for the state of Washington, and the venue of any action
hereunder is in the Superior Court for Thurston County, Washington. Nothing in this
Contract will be construed as a waiver by HCA of the State's immunity under the 11 th
Amendment to the United States Constitution.
4.18 HCA NETWORK SECURITY
Contractor agrees not to attach any Contractor -supplied computers, peripherals or
software to the HCA Network without prior written authorization from RCA's Chief
Information Officer. Unauthorized access to HCA networks and systems is a violation of
HCA Policy and constitutes computer trespass in the first degree pursuant to RCW
9A.52.110. Violation of any of these laws or policies could result in termination of the
contract and other penalties.
Contractor will have access to the HCA visitor Wi-Fi Internet connection while on site.
Contractor must defend, indemnify, and save'HCA harmless from and against all claims,
including reasonable attorneys' fees resulting from such claims, for any or all injuries to
persons or damage to property, or Breach of its confidentiality and notification obligations
under Section 4.7 Confidential Information Protection and Section 4.8 Confidentiality
Breach -Required Notification, arising from intentional or negligent acts or omissions of
Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees,
or agents, in the performance of this Contract.
4.20 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this
Contract. Contractor and its employees or agents performing under this Contract are not
employees or agents of HCA. Contractor will not hold itself out as or claim to be an officer
or employee of HCA or of the State of Washington by reason hereof, nor will Contractor
make any claim of right, privilege or benefit that would accrue to such employee under
law. Conduct and control of the work will be solely with Contractor.
4.21 INDUSTRIAL INSURANCE COVERAGE
Prior to performing work under this Contract, Contractor must provide or purchase
industrial insurance coverage for the Contractor's employees, as may be required of an
tiemployeril as defined in Title 51 RCW, and must maintain full compliance with Title 51
RCW during the course of this Contract.
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4.22 LEGAL AND REGULATORY COMPLIANCE
4.22.1 During the term of this Contract, Contractor must comply with all local, state, and
federal licensing, accreditation and registration requirements/standards,
necessary for the performance of this Contract and all other applicable federal,
state and local laws, rules, and regulations.
4.22.2 While on the HCA premises, Contractor must comply with HCA operations and
process standards and policies (e.g., ethics, Internet / email usage, data, network
and building security, harassment, as applicable). HCA will make an electronic
copy of all such policies available to Contractor.
4.22.3 Failure to comply with any provisions of this section may result in Contract
termination.
4.23 LIMITATION OF AUTHORITY
Only the HCA Authorized Representative has the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore,
any alteration, amendment, modification, or waiver or any clause or condition of this
Contract is not effective or binding unless made in writing and signed by the HCA
Authorized Representative.
HCA and Contractor are the only parties to this contract. Nothing in this Contract gives or
is intended to give any benefit of this Contract to any third parties.
4.25 NONDISCRIMINATION
During the performance of this Contract, the Contractor must comply with all federal and
state nondiscrimination laws, regulations and policies, including but not limited to: Title V11
of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of
1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCWI
Washington Law Aga inst Discrimination. In the event of Contractor's noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be
rescinded, canceled, or terminated in whole or in part under the Termination for Default
sections, and Contractor may be declared ineligible for further contracts with HCA.
4.26 OVERPAYMENTS TO CONTRACTOR
In the event that overpayments or erroneous payments have been made to the Contractor
under this Contract, HCA will provide written notice to Contractor and Contractor will
refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor
fails to make timely refund, HCA may charge Contractor one percent (1 %) per month on
the amount due, until paid in full. If the Contractor disagrees with HCA's actions under this
section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes.
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4.27 PAY EQUITY
4.27.1 Contractor represents and warrants that, as required by Washington state law
(Laws of 2017, Chap. 1, § 21.3), during the term of this Contract, it agrees to
equality among its workers by ensuring similarly employed individuals are
compensated as equals. For purposes of this provision, employees are similarly
employed if (i) the individuals work for Contractor, (ii) the performance of the job
requires comparable skill, effort, and responsibility, and (iii) the jobs are performed
under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed.
4.27.2 Contractor may allow differentials in compensation for its workers based in good
faith on any of the following; (i) a seniority system; (ii) a merit system; (iii) a system
that measures earnings by quantity or quality of production; (iv) bona fide job-
related factor(s); or (v) a bona fide regional difference in compensation levels.
4.27.3 Bona fide job-related factor(s)" may include, but not be limited to, education,
training, or experience, that is: (i) consistent with business necessity; (ii) not based
on or derived from a gender-based differential; and (iii) accounts for the entire
differential.
4.27.4 A "bona fide regional difference in compensation level" must be (i) consistent with
business necessity; (ii) not based on or derived from a gender-based differential;
and (iii) account for the entire differential.
4.27.5 Notwithstanding any provision to the contrary, upon breach of warranty and
Contractor's failure to provide satisfactory evidence of compliance within thirty (30)
Days of HCA's request for such evidence, HCA may suspend or terminate this
Contract.
4.28 PUBLICITY
4.28.1 The award of this Contract to Contractor is not in any way an endorsement of
Contractor or Contractor's Services by HCA and must not be so construed by
Contractor in any advertising or other publicity materials.
4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other
publicity materials relating to this Contract or any Service furnished by Contractor
in which RCA's name is mentioned, language is used, or Internet links are
provided from which the connection of HCA's name with Contractor's Services
may, in RCA's judgment, be inferred or implied. Contractor further agrees not to
publish or use such advertising, marketing, sales promotion materials, publicity or
the like through print, voice, the Web, and other communication media in
existence or hereinafter developed without the express written consent of HCA
prior to such use.
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4.29 RECORDS AND DOCUMENTS REVIEW
4.29.1 The Contractor must maintain books, records, documents, magnetic media,
receipts, invoices orother evidence relating to this Contract and the performance
ofthe services rendered, along with accounting procedures and practices, all of
which sufficiently and properly reflect all direct and indirect costs ofany nature
expended /nthe performance ofthis Contract. Atnoadditional cost, these
records, including materials generated under this Contract, are subject edall
reasonable times to inapection, revievv, or audit by HCA. the Office of the State
Audiior, and state and federal officials so authorized by |evv, ru|e, regu|ation, or
agreement [See 42USC 13Q0a(a)(27)(B);42USC 13Q6e(a)(37)(B);42USC
1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR 447.202].
4.29.2The Contractor must retain such records for aperiod of six (6)years after the
date of final payment under this Contract.
4.29.3Ifany litigation, claim oraudit is started before the expiration of the six (6)year
period, the records must beretained until all litigation, claims, oraudit findings
involving the records have been resolved.
4.30 REMEDIES NON-EXCLUSIVE
The remedies provided in this Contract are not exclusive, but are in addition to all other
remedies available under law.
4.31 RIGHT OF INSPECTION
The Contractor must provide right of access to its facilities to HCA, or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Contract.
4.32.1 HCA and Contractor agree that all data and work products (collectively "Work
Product") produced pursuant to this Contract will be considered a work for hire
under the U.S. Copyright Act, 17 U.S.[}. §1O1 etseq\ and will be owned by HCA.
Contractor ishereby commissioned tocreate the Work Product. Work Product
includes, but is not limited to, discoveries, formulae, ideas, improvements,
inventions, methods, models, processes, techniques, findings, conclusions,
reoornrnendedions, reports' designs, p|ans, diognsrne. dravvingo. Sofbwana,
databases, documents, pamphlets, advertisements, booho, magazines, survoyo,
studies, computer programs, films, tapes, and/or sound reproductions, to the
extent provided by law. Ownership includes the right tocopyright, petenL, register
and the ability totransfer these rights and all information used to formulate such
Work Product.
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4.32.2 If for any reason the Work Product would not be considered a work for hire under
applicable law, Contractor assigns and transfers to HCA, the entire right, title and
interest in and to all rights in the Work Product and any registrations and
copyright applications relating thereto and any renewals and extensions thereof.
4.32.3 Contractor will execute all documents and perform such other proper acts as
HCA may deem necessary to secure for HCA the rights pursuant to this section.
4.32.4 Contractor will not use or in any manner disseminate any Work Product to any
third party, or represent in any way Contractor ownership of any Work Product,
without the prior written permission of HCA. Contractor will take all reasonable
steps necessary to ensure that its agents, employees, or Subcontractors will not
copy or disclose, transmit or perform any Work Product or any portion thereof, in
any form, to any third party.
4.32.5 Material that is delivered under this Contract, but that does not originate
therefrom ("Preexisting Material"), must be transferred to HCA with a
nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce,
deliver, perform, display, and dispose of such Preexisting Material, and to
authorize others to do so. Contractor agrees to obtain, at its own expense,
express written consent of the copyright holder for the inclusion of Preexisting
Material. HCA will have the right to modify or remove any restrictive markings
placed upon the Preexisting Material by Contractor.
4.32.6 Contractor must identify all Preexisting Material when it is delivered under this
Contract and must advise HCA of any and all known or potential infringements of
publicity, privacy or of intellectual property affecting any Preexisting Material at
the time of delivery of such Preexisting Material. Contractor must provide HCA
with prompt written notice of each notice or claim of copyright infringement or
infringement of other intellectual property right worldwide received by Contractor
with respect to any Preexisting Material delivered under this Contract.
4.33 RIGHTS of STATE AND FEDERAL GOVERNMENTS
In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including
but not limited to the Centers for Medicare and Medicaid Services (CMS), will have a
royalty -free, nonexclusive, and irrevocable license to reproduce, publish, translate, or
otherwise use, and to authorize others to use for Federal Government purposes: (i)
software, modifications, and documentation designed, developed or installed with Federal
Financial Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software
and modifications of the Custom Software, and associated Documentation designed,
developed, or installed with FFP under this Contract; (iii) the copyright in any work
developed under this Contract; and (iv) any rights of copyright to which Contractor
purchases ownership under this Contract.
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4.34 SEVERABILITY
If any provision of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity will not affect the other provisions or
applications of this Contract that can be given effect without the invalid provision, and to
this end the provisions or application of this Contract are declared severable.
4.35 SITE SECURITY
While on HCA premises, Contractor, its agents, employees, or Subcontractors must
conform in all respects with physical, fire or other security policies or regulations. Failure to
comply with these regulations may be grounds for revoking or suspending security access
to these facilities. HCA reserves the right and authority to immediately revoke security
access to Contractor staff for any real or threatened breach of this provision. Upon
reassignment or termination of any Contractor staff, Contractor agrees to promptly notify
HCA.
4.36 SUBCONTRACTING
4.36.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any
of the work contemplated under this Contract without prior written approval of
HCA. HCA has sole discretion to determine whether or not to approve any such
subcontract. In no event will the existence of the subcontract operate to release
or reduce the liability of Contractor to HCA for any breach in the performance of
Contractor's duties.
4.36.2 Contractor is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this Contract are included in any subcontracts.
4.36.3 If at any time during the progress of the work HCA determines in its sole
judgment that any Subcontractor is incompetent or undesirable, HCA will notify
Contractor, and Contractor must take immediate steps to terminate the
Subcontractor's involvement in the work.
4.36.4 The rejection or approval by the HCA of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the
Contract, nor be the basis for additional charges to HCA.
4.36.5 HCA has no contractual obligations to any Subcontractor or vendor under
contract to the Contractor. Contractor is fully responsible for all contractual
obligations, financial or otherwise, to its Subcontractors.
4.37 SURVIVAL
The terms and conditions contained in this Contract that, by their sense and context, are
intended to survive the completion, cancellation, termination, or expiration of the Contract
will survive. In addition, the terms of the sections titled Confidential Information Protection,
Confidential Information Breach — Required Notification, Contractors Proprietary
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Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents
Review, Rights in Data/Ownership, and Rights of State and Federal Governments will
survive the termination of this Contract. The right of HCA to recover any overpayments will
also survive the termination of this Contract.
4.38 TAXES
HCA will pay sales or use taxes, if any, imposed on the services acquired hereunder.
Contractor must pay all other taxes including, but not limited to, Washington Business and
Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal
property taxes levied or assessed on Contractor's personal property. HCA, as an agency
of Washington State government, is exempt from property tax.
Contractor must complete registration with the Washington State Department of Revenue
and be responsible for payment of all taxes due on payments made under this Contract.
4.39 TERMINATION
4.39.1 TERMINATION FOR DEFAULT
In the event HCA determines that Contractor has failed to comply with the terms
and conditions of this Contract, HCA has the right to suspend or terminate this
Contract. HCA will notify Contractor in writing of the need to take corrective action.
If corrective action is not taken within five (5) Business Days, or other time period
agreed to in writing by both parties, the Contract may be terminated. HCA reserves
the right to suspend all or part of the Contract, withhold further payments, or
prohibit Contractor from incurring additional obligations of funds during
investigation of the alleged compliance breach and pending corrective action by
Contractor or a decision by HCA to terminate the Contract.
In the event of termination for default, Contractor will be liable for damages as
authorized by law including, but not limited to, any cost difference between the
original Contract and the replacement or cover Contract and all administrative
costs directly related to the replacement Contract, e.g., cost of the competitive
bidding, mailing, advertising, and staff time.
If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform
was outside of its control, fault or negligence, the termination will be deemed a
"Termination for Convenience."
4.39.2 TERMINATION FOR CONVENIENCE
When, at HCA's sole discretion, it is in the best interest of the State, HCA may
terminate this Contract in whole or in part by providing ten (10) calendar days'
written notice. If this Contract is so terminated, HCA will be liable only for payment
in accordance with the terms of this Contract for services rendered prior to the
effective date of termination. No penalty will accrue to HCA in the event the
termination option in this section is exercised.
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4.39.3 TERMINATION FOR NONALLOCATION OF FUNDS
If funds are not allocated to continue this Contract in any future period, HCA may
immediately terminate this Contract by providing written notice to the Contractor.
The termination will be effective on the date specified in the termination notice.
HCA will be liable only for payment in accordance with the terms of this Contract
for services rendered prior to the effective date of termination. HCA agrees to
notify Contractor of such nonallocation at the earliest possible time. No penalty will
accrue to HCA in the event the termination option in this section is exercised.
4.39.4 TERMINATION FOR. WITHDRAWAL OF AUTHORITY
In the event that the authority of HCA to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior
to normal completion, HCA may immediately terminate this Contract by providing
written notice to the Contractor. The termination will be effective on the date
specified in the termination notice. HCA will be liable only for payment in
accordance with the terms of this Contract for services rendered prior to the
effective date of termination. HCA agrees to notify Contractor of such withdrawal of
authority at the earliest possible time. No penalty will accrue to HCA in the event
the termination option in this section is exercised.
4.39.5 TERMINATION FOR CONFLICT OF INTEREST
HCA may terminate this Contract by written notice to the Contractor if HCA
determines, after due notice and examination, that there is a violation of the Ethics
in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in
public acquisitions and procurement and performance of contracts. In the event
this Contract is so terminated, HCA will be entitled to pursue the same remedies
against the Contractor as it could pursue in the event Contractor breaches the
contract.
4.40.1 Upon termination of this Contract, HCA, in addition to any other rights provided in
this Contract, may require Contractor to deliver to HCA any property specifically
produced or acquired for the performance of such part of this Contract as has
been terminated.
4.40.2 HCA will pay Contractor the agreed-upon price, if separately stated, for
completed work and services accepted by HCA and the amount agreed upon by
the Contractor and HCA for (i) completed work and services for which no
separate price is stated; (ii) partially completed work and services; (iii) other
property or services that are accepted by HCA; and (iv) the protection and
preservation of property, unless the termination is for default, in which case HCA
will determine the extent of the liability. Failure to agree with such determination
will be a dispute within the meaning of Section 4.13 Disputes. HCA may withhold
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from any amounts due the Contractor such sum as HCA determines to be
necessary to protect HCA against potential loss or liability.
4.40.3 Auer receipt of notice of termination, and except as otherwise directed by HCA,
Contractor must:
4.40.3.1 Stop work under the Contract on the date of, and to the extent specified
in, the notice;
4.40.3.2 Place no further orders or subcontracts for materials, services, or
facilities except as may be necessary for completion of such portion of
the work under the Contract that is not terminated;
4.40.3.3 Assign to HCA, in the manner, at the times, and to the extent directed
by HCA, all the rights, title, and interest of the Contractor under the
orders and subcontracts s0 terminated; in which case HCA has the
right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and subcontracts;
4.40.3.4 Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or ratification
of HCA to the extent HCA may require, which approval or ratification will
be final for all the purposes of this clause;
4.40.3.5 Transfer title to and deliver as directed by HCA any property required to
be furnished to HCA;
4.40.3.0 Complete performance of any part of the work that was not terminated
by HCA; and
4.40.3.7 Take such action as may be necessary, or as HCA may direct, for the
protection and preservation of the records related to this Contract that
are in the possession of the Contractor and in which HCA has or may
acquire an interest.
Waiver of any breach of any term or condition of this Contract will not be deemed a waiver
of any prior or subsequent breach or default. No term or condition of this Contract will be
held to be waived, modified, or deleted except by a written instrument signed by the
parties. Only the HCA Authorized Representative has the authority to waive any term or
condition of this Contract on behalf of HCA.
4.42 WARRANTIES
4.42.1 Contractor represents and warrants that it will perform all services pursuant to
this Contract in a professional manner and with high quality and will immediately
re -perform any services that are not in compliance with this representation and
warranty at no cost to HCA.
Washington State 26 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
4`42.2 Contractor represents and warrants that it will comply with all applicable local,
State. and federal |ioenoing, accreditation and registration requirements and
standards necessary in the performance of the Services.
4.42.3 Any written commitment by Contractor within the scope of this Contract will be
binding upon Contnaotor. Failure of Contractor to fulfill such e commitment may
constitute breach and will render Contractor liable for damages under the terms
of this Contract. For purposes ofthis section, o commitment by Contractor
includes: (i) Phoeo, diaoounLe, and options committed to remain in force over
specified period oftime; and (ii)any warranty orrepresentation made by
Contractor to HCA or contained in any Contractor pub|ioationo, or descriptions of
services in written or other communication medium, used to influence HCA to
enter into this Contract.
Washington State 27 CJTAFunded Treatment and Recovery Support
Health Care Authority HCA Contract K3858
Schedule A
Statement of Work
Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to,
the performance of work as set forth below.
1. Definitions
"American Society of Addiction Medicine" or "ASAM" means the six dimensions to identify the
intensity of treatment services that best fits the individual's needs and provides a common language
of holistic, biopsychosocial assessment, and treatment across addiction treatment, physical health,
and mental health services, which also addresses the spiritual issues relevant in recovery.
"Case Management" or "Case Management Services" means services provided by a Substance
Use Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT)
licensed by the Washington Department of Health, or a person under the direct clinical supervision of
a SUDP, to individuals assessed as needing treatment and admitted into treatment. Services are
provided to assist clients in gaining access to needed medical, social, educational, and other
services. Services include case planning, case consultation and referral, and other support services
for the purpose of engaging and retaining or maintaining clients in treatment.
"Continuity of Care" means the provision of continuous care for chronic or acute medical and
behavioral health conditions to maintain care that has started or been authorized to start as the
Individual transitions between: facility to home; facility to another facility; providers or service areas;
managed care contractors; and Medicaid fee-for-service and managed care arrangements.
Continuity of Care occurs in a manner that prevents secondary illness, health care complications, or
re -hospitalization; and promotes optimum health recovery.
"County Match" means that jurisdictions must match, on a dollar -for -dollar basis, state moneys
allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the state
may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts
(RCW 2.30.040).
"Criminal Justice Treatment Account" or "CJTA" means the account created by Washington State
Legislature that may be expended solely for: substance use disorder treatment and treatment
support services for individuals with a substance use disorder that, if not treated, would result in
addiction, against whom charges are filed by a prosecuting attorney in Washington State (RCW
71.24.580).
"CJTA Plan" or "Plan" means the plan that is developed by the county human services or behavioral
health services department, county prosecutor, county sheriff, county superior court, a substance use
disorder treatment provider appointed by the county legislative authority, a member of the criminal
defense bar appointed by the county legislative authority, and, in counties with a drug court, a
representative of the drug court (RCW 71.24.580(6)). The plan shall be approved by the county
legislative authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of this
section, for disposition of all the funds provided from the CJTA within that county.
"Culturally and Linguistically Appropriate Services" or "CLAS" means the national standards in
health and health care intended to advance health equity, improve quality, and eliminate health
disparities by establishing a blueprint for health and health care organizations.
Washington State 28 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
"Division of Behavioral Health and Recovery" or "DBHR" means the Health Care Authority's
Division of Behavioral Health and Recovery, and its employees and authorized agents.
"Drug Court" means a court utilizing a program structured to achieve both a reduction in criminal
recidivism and an increase in the likelihood of rehabilitation through continuous and intense judicially
supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020).
"Drug Enforcement Agency" or "DEA" means a federal agency which is a component of the United
State Department of Justice and whose mission is to enforce the controlled substances laws and
regulations of the United States and bring to the criminal and civil justice system of the United States,
or any other competent jurisdiction, those organizations and principal members of organizations,
involved in the growing, manufacture, or distribution of controlled substances appearing in or
destined for illicit traffic in the United States; and to recommend and support non -enforcement
programs aimed at reducing the availability of illicit controlled substances on the domestic and
international markets.
"Evidence -based Practice" or "EDP" means a prevention or -treatment service or practice that has
been validated by some form of documented research evidence and is appropriate for use with
individuals with a substance use disorder that are involved in the criminal justice system. EBP also
means a program or practice that has been tested where the weight of the evidence from review
demonstrates sustained improvements in at least one outcome, and/or a program or practice that
can be implemented with a set of procedures to allow successful replication in Washington and,
when possible, is determined to be cost -beneficial.
"Individual" means any person in the criminal justice system who is in need of behavioral health
services, regardless of income, ability to pay, insurance status or county of residence.
"Medications for Opioid Use Disorder" or "MORD" or "MAT" means the use of FDA -approved
opioid agonist medications (e.g., methadone, buprenorphine products including
buprenorphine/naloxone combination formulations and buprenorphine mono -product formulations)
for the treatment of opioid use disorder and the use of opioid antagonist medication (e.g. naltrexone
products including extended-release and oral formulations) to prevent relapse to opioid use.
"Outreach" or "Community Outreach" means identification of hard -to -reach Individuals with a
possible SUD and engagement of these individuals in assessment and ongoing treatment services
as necessary.
"Research -based" means a program or practice that has been tested with a single randomized, or
statistically controlled evaluation, or both, demonstrating sustained desirable outcomes, or where the
weight of the evidence from a systemic review supports sustained outcomes as described in this
subsection but does not meet the full criteria for evidence -based (RCW 2.30.020).
"Recovery Support Services" or "RSS" means services that are intended to promote an individual's
socialization, recovery, self -advocacy, development of natural support, and maintenance of
community living skills. RSS include, but are not limited to, the following services: Supported
employment services, supportive housing services, peer support services, wraparound facilitation
services, and any other services that are conducive to an individual's recovery in an Substance Use
Disorder (SUD) Program (WAC 246-341-0718).
"Substance Use Disorder" or "SUD" means a problematic pattern of using alcohol or another
substance that results in the impairment in daily life or noticeable distress; and, whereby the
individualcontinues use despite leading to clinically significant impairment or distress as categorized
in the DSM -5.
Washington State 29 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
"Substance Use Disorder Professional" or "SUDP" means an individual who is certified according
to RCW 18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD
services.
"Substance Use Disorder Professional Trainee" or "SUDPT" means an individual working toward
the education and experience requirements for certification as a chemical dependency professional,
and who has been credentialed as a CDPT
"Therapeutic Courts" means a court utilizing a program or programs structured to achieve both a
reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and
neglect, out -of -home placements of children, termination of parental rights, and substance use and
mental health symptoms among parents or guardians and their children through continuous and
intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives
(RCW 2.30.020).
"Treatment" means services that are critical to a participant's successful completion of his or her
substance use disorder treatment program, including but not limited to the recovery support and
Other programmatic elements outlined in Chapter 246-341 WAC.
"Treatment Support" means services such as transportation to or from inpatient or outpatient
treatment services when no viable alternative exists, and child care services that are necessary to
ensure a participant's ability to attend outpatient treatment sessions.
"Washington State Jail" or "Jail" means any city, county, regional, or tribal jail operating in the state
of Washington.
2. Purpose
Contractor will provide treatment and recovery support services, funded by Criminal Justice
Treatment Account funds, to individuals involved in the criminal justice system in accordance with
RCW 71.24.580.
3. CTJA Account Services Specific Eligibility and Funding Requirements
In addition to state funding through the CJTA, several counties receive additional state funding for
specific Drug Courts. State Drug Court funding is provided to the following counties: Clallam, Cowlitz,
King, Kitsap, Pierce, Skagit, Spokane, and Thurston. The counties that receive supplemental state
Drug Court funding must ensure the provision of substance use disorder treatment and support
services detailed below, and in accordance with RCW 71.24.580 ad RCW 2.30.030.
a. In accordance with RCW 71.24.580, the Contractor will be responsible for treatment and
recovery support services for criminally involved individuals.
b. CJTA Statutory Funding Guidelines
1. In accordance with RCW 2.30.040 counties that allocate CJTA and/or State Drug Court
funds to a Therapeutic Court Program must match, on a dollar -for -dollar basis, an equal
amount of local funding through cash or in-kind resources, Moneys appropriated under this
provision may be used to supplement, not supplant other federal, state, and local funds for
therapeutic courts.
Washington State 30 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
2. No more than ten percent (10%) of the total CJTA funds maybe used for the following
support services combined:
i. Transportation; and
ii. Child Care Services.
3. At a minimum, thirty percent (30%) of the CJTA funds for special projects that meet any or
all of the following conditions:
i. An acknowledged best practice (or treatment strategy) that can be documented in
published research;
ii. An approach utilizing either traditional or best practice approaches to treat significant
underserved population(s) and populations who are disproportionately affected by the
criminal justice system;
iii. A regional project conducted in partnership with at least one other entity serving the
service area; and/or
iv. CJTA Special Projects. A special project would HCA retains the right to request
progress reports on CJTA special projects.
4. CJTA Funding — Allowable Services
a. Brief Intervention (any level, assessment not required);
b. Acute Withdrawal Management (ASAM Level 3.7WIVI);
c. Sub -Acute Withdrawal Management (ASAM Level 3.2WM);
d. Outpatient Treatment (ASAM Level 1);
e. Intensive Outpatient Treatment (ASAM Level 2.1);
f. Opioid Treatment Program (ASAM Level 1);
g. Case Management (ASAM Level 1.2);
h. Intensive Inpatient Residential Treatment (ASAM Level 3.5);
i. Long-term Care Residential Treatment (ASAM Level 3.3);
j. Recovery House Residential Treatment (ASAM Level 3.1);
k. Assessment (to include Assessments done while in jail);
I. Interim Services;
m. Community Outreach;
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n. Involuntary Commitment Investigations and Treatment;
o. Room and Board (Residential Treatment Only);
p. Transportation;
q. Childcare Services;
r. Urinalysis;
s. Recovery Support Services that may include:
1. Employment services and job training;
2. Relapse prevention;
3. Family/marriage education;
4. Peer-to-peer services, mentoring and coaching;
5. Self-help and spiritual, religious support groups;
6. Housing support services (rent and/or deposits);
7. Life skills;
8. Education Training (e.g. GED Assistance); and
9. Parent education and child development.
t. Substance Use Disorder treatment in the Jail:
1. CJTA funds may not supplement or supplant any currently funded programs that previously
existed in a Jail environment.
2. The Contractor may not use more than 30% of their allocation for treatment in the Jail.
3. If CJTA funds are utilized for these purposes, the Contractor must attempt to provide
treatment with the following stipulations:
i. Identify and provide transition services to persons with substance use disorder, who
meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate
their return to the community;
ii. Continue treatment services with individuals who were engaged in community-based
treatment prior to their incarceration, with the intent to complete the outpatient treatment
episode; and
iii. Initiate outpatient treatment services with individuals who will be released and transition
into community-based treatment.
Washington State 32 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
4. The following treatment modalities may be provided through CJTA funding:
i. Engaging individuals in SUD treatment;
ii. Screening, assessing, and inducting individuals on MOUD;
iii. Referral to SUD services;
iv. Providing continuity of care; and
v. Planning for an individual's transition from Jail.
5. MAT in Therapeutic Courts
Per RCW 71.24.580, "If a region or county uses criminal justice treatment account funds to support a
therapeutic court, the therapeutic court must allow the use of all medications approved by the federal
food and drug administration for the treatment of opioid use disorder as deemed medically
appropriate for a participant by a medical professional. If appropriate medication -assisted treatment
resources are not available or accessible within the jurisdiction, the health care authority's designee
for assistance must assist the court with acquiring the resource."
a. The Contractor, under the provisions of this Contract, will abide by the following guidelines
related to CJTA and Therapeutic Courts:
1 The Contractor will only subcontract with Therapeutic Courts that have policy and
procedures allowing Participants at any point in their course of treatment to seek FDA -
approved medication for any substance use disorder and ensuring the agency will provide
or facilitate the induction of any prescribed FDA approved medications for any substance
use disorder.
2. The Contractor will only subcontract with Therapeutic Court programs that work with
licensed SUD behavioral health treatment agencies that have policy and procedures in
place ensuring they will not deny services to Enrollees who are prescribed any of the
Federal Drug Administration (FDA) approved medications to treat all substance use
disorders.
3. The Contractor may not subcontract with a Therapeutic Court program that is known to
have policies and procedures in place that mandate titration of any prescribed FDA
approved medications to treat any substance use disorder, as a condition of participants
being admitted into the program, continuing in the program, or graduating from the program,
with the understanding that decisions concerning medication adjustment are made solely
between the participant and their prescribing provider.
4. The Contractor must notify the HCA if it discovers that a CJTA funded Therapeutic program
is practicing any of the following:
Requiring discontinuation, titration, or alteration of their medication regimen as a
precluding factor in admittance into a Therapeutic Court program;
Washington State 33 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
ii. Requiring participants already in the program discontinue MOUD in order to be in
compliance with program requirements;
iii. Requiring discontinuation, titration, or alteration of their MOUD medication regimen as a
necessary component of meeting program requirements for graduation from a
Therapeutic Court program.
5. All decisions regarding an individual's amenability and appropriateness for MOUD will be
made by the individual in concert with a medical professional.
6. CJTA Plan
a. The Contractor must coordinate with the local CJTA panel for the county in order to facilitate the
planning requirement as described in RCW 71.24.580(6). County level funding priorities are
established by the local CJTA Panel. The plans should detail the coordination within the county,
leverage the needed services for the community, and reach the intended population for the
CJTA fund. Any CJTA funded efforts must be included in the CJTA Plan, including the following
specific elements:
1. Describe in detail how substance use disorder treatment and support services will be
delivered within the region;
2. Per section 3.b.1 of this Statement of Work, address the CJTA Account Match Requirement
if funds provide treatment or recovery support services for therapeutic court participants;
3. Include details on special projects such as best practices/treatment strategies, significant
underserved population(s), or regional endeavors, including the following:
i. Describe the project and how it will be consistent with the strategic plan;
ii. Describe how the project will enhance treatment services for individuals in the criminal
justice system;
iii. Indicate the number of individuals who will be served using innovative funds;
iv. If applicable, indicate plans for inclusion of MOUD within the county's Therapeutic Court
programs; and
v. Address the Fiscal and programmatic Data Reporting requirements found in Section 7 of
this Statement of Work.
4. The Local CJTA Panel must approve the Contractor's CJTA Plan through a consensus. A
majority vote is sufficient if a consensus is not reached.
5. The final approved plan must be approved by the county's legislative authority.
6. Completed and legislatively approved plans must be submitted to the HCA for Review and
Approval. Plan will be forwarded to the State CJTA Panel once approved by the HCA. The
Contractor must implement the plan as it is written and notify the HCA if any changes are
made.
Washington State 34 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
7. CJTA Plans are due by October 15, 2019 and are updated every two years to coincide with
the state fiscal biennium.
7. Data Reporting Requirements
a. The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and
related data systems to oversee all data interfaces and support the specific reporting
requirements under Contract.
b. The Contractor shall ensure that all Subcontractors required to report programmatic data have
the capacity to submit all HCA required data to enable the Contractor to meet the requirement's
under the Contract.
c. There are three quarterly reports that the Contractor will be responsible for submitting: The
Quarterly Progress Report (QPR), the Revenue and Expenditure Report (R&E), and the
Programmatic Treatment Report (PTR):
1. The Contractor will be responsible for submitting the QPR. The HCA will provide the
Contractor with a template form that will report on the following program elements:
i. Number of individuals served under CJTA funding for that time period;
ii. Barriers to providing services to the Criminal Justice Population;
iii. Strategies to overcome the identified barriers;
iv. Training and Technical assistance needs;
v. Success stories or narratives from individuals receiving CJTA services; and
vi. If a Therapeutic Court receives CJTA funded services, the number of admissions of
individuals into the program who were either already on MOUD, referred to MOUD, or
were provided information regarding MOUD.
2. The Contractor will be responsible for submitting the R&E on a quarterly basis. The HCA will
provide the Contractor with a template form that captures the fiscal expenditures for that
quarter. The Contractor:
i. Will use the Excel document provided by the HCA;
ii. Will report the amount of CJTA expenditures in their Contractor for each state fiscal
quarter (State Fiscal quarters end on March 31, June 30, September 30, and December
31);
iii. Complete the document in its entirety; and
iv. Submit the internally reviewed and complete R&E report within 45 days of the end of
each State Fiscal Quarter.
Washington State 35 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
3. The Contractor is responsible for submitting the PTR each quarter through a Secure File
Transfer (SFT). The HCA will provide the Contractor with an excel workbook template that
will capture a variety of demographic and programmatic data. In addition, this process will
include the following:
L The Contractor will ensure that their subcontractor has the bandwidth to complete all
data elements requested in the PTR.
ii. The Contractor may allow the subcontractor to do all data entry but the PTR must be
submitted into the Behavioral Health Data System (BHDS) by the Contractor through the
established Secure File Transfer procedure.
iii. The Contractor will review for completeness and accuracy each PTR that they receive
from the subcontractor.
iv. The Contractor will work with their subcontractors to ensure that any applicable Release
of Information (ROI) forms are updated to account for the sharing of Personal Health
Information (PHI) with the HCA.
Washington State 36 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
Attachment 1
Confidential Information Security Requirements
Definitions
In addition to the definitions set out in this Contract for CJTA Funded Treatment and Recovery
Support Services, the definitions below apply to this Attachment.
a. "Hardened Password" means a string of characters containing at least three of the following
character classes: upper case letters; lower case letters; numerals; and special characters,
such as an asterisk, ampersand or exclamation point.
i. , Passwords for external authentication must be a minimum of 10 characters long.
ii. Passwords for internal authentication must be a minimum of 8 characters long.
iii. Passwords used for system service or service accounts must be a minimum of 20
characters long.
b. "Portable/Removable Media" means any Data storage device that can be detached or
removed from a computer and transported, including but not limited to: optical media (e.g.
CDs, DVDs); USE drives; or flash media (e.g. CompactFlash, SD, MMC).
c. "Portable/Removable Devices" means any small computing device that can be transported,
including but not limited to: hand helds/PDAs/Smartph ones; Ultramobile PC's, flash memory
devices (e.g. USE flash drives, personal media players); and laptops/notebook/tablet
computers. If used to store Confidential Information, devices should be Federal Information
Processing Standards (PIPS) Level 2 compliant.
d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas
may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a
room, as long as access to the Confidential Information is not available to unauthorized
personnel.
e. "Transmitting" means the transferring of data electronically, such as via email, SFTP,
webservices, AWS Snowball, etc.
f. "Trusted System(s) 17 means the following methods of physical delivery: (1) hand -delivery by a
person authorized to have access to the Confidential Information with written
acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or
USPS delivery services that include Tracking, such as Certified Mail, Express Mail or
Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer
tracking and receipt confirmation; and (4) the Washington State Campus mail system. For
electronic transmission, the Washington State Governmental Network (SGN) is a Trusted
System for communications within that Network.
Washington State 37 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
g. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase, or other mechanism, authenticates a user to an
information system.
2. Confidential Information Transmitting
a. When transmitting HCA's Confidential Information electronically, including via email, the
Data must be encrypted using NIST 800 -series approved algorithms
(http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public
internet.
b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party
must use a Trusted System.
3. Protection of Confidential Information
The Contractor agrees to store Confidential Information as described:
a. Data at Rest:
L Data will be encrypted with NIST 800 -series approved algorithms. Encryption keys will
be stored and protected independently of the data. Access to the Data will be restricted
to Authorized Users through the use of access control lists, a Unique User ID, and a
Hardened Password, or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards. Systems which contain or provide
access to Confidential Information must be located in an area that is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
ii. Data stored on Portable/Removable Media or Devices:
Confidential Information provided by HCA on Removable Media will be encrypted
with NIST 800 -series approved algorithms. Encryption keys will be stored and
protected independently of the Data.
HCA's data must not be stored by the Receiving Party on Portable Devices or
Media unless specifically authorized within the Contract. If so authorized, the
Receiving Party must protect the Data by:
1. Encrypting with NIST 800 -series approved algorithms. Encryption keys will
be stored and protected independently of the data;
2. Control access to the devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical token or
biometrics;
3. Keeping devices in locked storage when not. in use;
4. Using check-in/check-out procedures when devices are shared;
Washington State 38 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
5. Maintain an inventory of devices; and
6. Ensure that when being transported outside of a Secured Area, all devices
with Data are under the physical control of an Authorized User.
b. Paper documents. Any paper records containing Confidential Information must be protected
by storing the records in a Secured Area that is accessible only to authorized personnel.
When not in use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
4. Confidential Information Segregation
HCA Confidential Information received under this Contract must be segregated or otherwise
distinguishable from non -HCA data. This is to ensure that when no longer needed by the
Contractor, all HCA Confidential Information can be identified for return or destruction. It also
aids in determining whether HCA Confidential Information has or may have been compromised
in the event of a security Breach.
a. The HCA Confidential Information must be kept in one of the following ways:
i. on media (e.g. hard disk, optical disc, tape, etc.) which will contain only HCA Data;
or
in a logical container on electronic media, such as a partition or folder dedicated to
RCA's Data; or I
iii. in a database that will contain only HCA Data; or
iv. within a database and will be distinguishable from non -HCA Data by the value of a
specific field or fields within database records; or
V. when stored as physical paper documents, physically segregated from non -HCA
Data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate HCA Confidential Information from non -
HCA data, then both the HCA Confidential Information and the non -HCA data with which it
is commingled must be protected as described in this Attachment.
5. Confidential Information Shared with Subcontractors
If HCA Confidential Information provided under this Contract is to be shared with a
Subcontractor, the contract with the Subcontractor must include all of the Confidential
Information Security Requirements.
6. Confidential Information Disposition
When the Confidential Information is no longer needed, except as noted below, the Confidential
Information must be returned to HCA or destroyed. Media are to be destroyed using a method
documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.htmi).
Washington State 39 CJTA Funded Treatment and Recovery Support
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Attachment 1
a. For HCA's Confidential Information stored on network disks, deleting unneeded
Confidential Information is sufficient as long as the disks remain in a Secured Area and
otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential
Information as outlined in this section of this Attachment may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secured Area.
Washington State 40 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 1
Attachment 2: Quarterly Progress Report Template
""" L I M I ft'AL J USTICE TREATM ENT ACCOU NT
K IN
Please respond to each question and submit as a separate attachment with your quarterly R&E Report to:
Report Quarter
[July 2019toSeptember 2O19ElOctoter20l9toDecember 2019
OJanuary 2020 to March -2020 OApril 2020 to June 2020
Name of County completing Report: Click or tap here to enter text.
Please enter your status for each item, if item bincomplete please list your plan of correction (POC)
including actions to be taken and target date for completion.
2. Contractor entered all encounters and supplemental transactions funded by CJTA into the "'CJTA
Provider Entry Workbook,?
If no, please enter POC.
l County submitted the CJTAProvider Entry Workbook through the Secure File Transfer?
Ifno, please enter POC.
S. County submitted the Quarterly Revenue and Expenditure Report?
If no, please enter PO[
Washington State 41 CJTA Funded Treatmentand
He��Ca�Au�o�y Recovery Support
HCA Contract K3958
Attachment 2: Quarterly Progress Report Template
4. County has made attempts to expand access to Recovery Support Services for the intended
population?
❑Yes ❑ N o
If no, please enter POC.
5. CJTA funding provides services for individual in a Therapeutic Court Program?
❑Yes ❑No
If Yes, please indicate the number of individuals who were admitted into the program during this
quarter who are receiving medication assisted treatment or medications for opioid use disorder:
If Yes, please indicate what medications the individuals admitted into the program during this quarter
are receiving (e.g. Buprenorphine, Methadone, Naltexone):
6. Is there any indication that the Therapeutic Court programs benefitting from CJTA are denying access
to, or requiring titration from, any medications for opioid use disorder?
❑Yes ❑No
Please enter any additional comments here:
7. CJTA funding used in the local, county, city, or tribal Jail?
❑Yes ❑No
If Yes, please indicate any barriers to providing treatment services and transitioning individuals into
the community:
Washington State 42 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 3
Attachment 2: Quarterly Progress Report Template
O. List any other significant accomplishments.
9. List any training or technical assistance needs.
10. Summarize any barrier(s) encountered and plans to overcome the barrier(s) with timeline.
11. Please include any other comments you would like to convey to the FICA Contract Manager:
Completed By:
Date:
Washington State 43 CJTAFunded Treatmen and Support
Ho��Care Au�o�y ' '---'~�~
HCA Contract K3g58
Attachment
Attachment 3: Quarterly Revenue and Expenditure Report Template
CJTA Revenue &Expenditure Report
County Name
[Month] - [Month] [Year]
17
012EIAb
Washington State 44 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 3
Attachment 3: Quarterly Revenue and Expenditure Report Template
Additional Required Reporting:
CJTA - Minimum 30% Innovative
.... ...... .....
. ..... ......
100%
.......................
........... .. . ....
.............. .....
.. .......
....................... ...................... ............. ...
... .... ... ..........
. . ......
... ..... .... . .... . ............
. .................... ............ . . ...... ................. .... .. ..... ..
................................I ....... I -..% - : ..... ........ .... .
........ ..... ... I ............ . 1111111 . ... ........ .... .. .... .......
I I .......... ..... Match
............... ......
.... ... . .. .. ... .. ......
Contracted Directly with Courts $0.00— $0.00
Washington State 45 CJTA Funded Treatment and Recovery Support
Health Care Authority HCA Contract K3958
Attachment 3