HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Sllel"IffS Office
REQUEST SUBMITTED BY:Phillip C. Coats
CONTACT PERSON ATTENDING ROUNDTABLE: Phillip C. Coats
CONFIDENTIAL INFORMATION: DYES ® NO
DATE:02/28/24
PHONE:eXt 2021
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DATE OF ACTION: 5,15.7,
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
®Agreement / Contract
❑AP Vouchers
❑Appointment / Reappointment
❑ABPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
❑ Boards / Committees
❑ Budget
❑Computer Related
❑County Code
El Emergency Purchase
❑Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
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❑ Grants — Fed/State/County
❑ Leases
❑ MOA / MOU
❑ Minutes
❑ Ordinances
❑ Out of State Travel
❑ Petty Cash
❑ Policies
❑ Proclamations
❑ Request for Purchase
❑ Resolution
❑ Recommendation
❑ Professional Sery/Consultant
❑ Support Letter
❑ Surplus Req.
❑Tax Levies
❑Thank You's
❑Tax Title Property
❑WSLCB
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DATE OF ACTION: 5,15.7,
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
Washington Association of
Sheriffs & Police Chiefs Jails
1.
2.
3.
4.
Contractor's Name & Address:
City, WA Zip Code
Tax Identification No.:
Contract MOOD Provider —Services in Local
Jails ("Contract") Program Face Sheet
Name
Street Address
Unified Business Identification No.:
Contract No.: MOUD 202X-OOX-OOX
5. Contractor's Point of Contact:
Name:
Title:
Telephone:
Email:
6. Contract Period: December 31, 2023 - June 30, 2024
7. Funding Authority: Washington State Health Care Authority and Washington
Association of Sheriffs & Police Chiefs
8. Service Area: Grant County Jail
9. Reimbursement under this CONTRACT is capped at: $TBD
IN WITNESS WHEREOF, the Washington Association of Sheriffs & Police Chiefs (WASPC) and
the Grant County Jail (CONTRACTOR) acknowledge and agree to the terms and conditions of
this CONTRACT and the attachments hereto, and in witness where of have executed this
CONTRACT as of the date and year last written below. The rights and obligations of both parties
to this CONTRACT are governed by the information in this CONTRACT Face Sheet, other
documents incorporated herein by reference, attached Terms and Conditions, and the Project
Narrative and Budget Worksheet which constitute the Statement of Work.
WASPC:
Steve Strachan, Executive Director
Washington Association of
Sheriffs & Police Chiefs
Date:
CONTRACTOR:
WASPC MOUD Jail Provider Contract v.4.18.22 Page 1 of 8
TERMS AND CONDITIONS
WASHINGTON ASSOCIATION OF SHERIFFS &POLICE CHIEFS
MOUD SERVICES IN LOCAL JAILS PROGRAM
This CONTRACT is entered into by and between the WASHINGTON ASSOCIATION OF
SHERIFFS & POLICE CHIEFS (WASPC); and the Grant County Jail (CONTRACTOR).
NOW, THEREFORE, in consideration of the covenants, performances, and promises
contained herein, the parties agree as follows:
1. FUNDING SOURCE. Funding for this CONTRACT is provided to WASPC by the
Washington State Health Care Authority (HCA). Funding for this project was provided
through Engrossed Senate Bill 5476 and Engrossed Substitute Bill 5092 both provided
funding to implement and enhance medication for opioid use disorder (MOUD) in jails
program. A total of $10,000,000 is appropriated to be split between fiscal year 2022 and
year 2023. WASPC received a portion of this funding through their response to the HCA
Request For Applications (RFA) Number (NO.) 2021 HCA42 Medication for Opioid Disorder
(MOUD) in Jails Program.
2. SCOPE OF SERVICES. CONTRACTOR shall use the state funds awarded hereunder
solely for salary, benefits, costs, and contracted services, goods, services, travel, and other
essential costs to support the work/project defined by the STATEMENT OF WORK.
3. SCOPE OF WORK. CONTRACTOR shall implement the activities to achieve the
goals and objectives of the Medications for Opioid Use Disorder (combined documents of the
HCA RFA, WASPC program proposal, statement of work developed between the HCA
and WASPC MOUD) Services in Local Jails, as set forth in the STATEMENT OF WORK.
4. SCOPE OF WORK REVISIONS. CONTRACTOR shall submit to WASPC a written
request to effect any material change to the SCOPE OF WORK identified in the STATE-
MENT OF WORK. Such requests shall be accompanied by revised STATEMENT OF WORK
and other supporting documents. Before any activities supporting the revised SCOPE OF
WORK are initiated, WASPC must approve the same in its sole and absolute discretion,
which may be withheld.
5. BUDGET REVISIONS. CONTRACTOR shall submit to WASPC a written request to
effect any change(s) in the project budget which reflect a cumulative transfer of greater than
ten (10) percent inthe aggregate among budget line items as indicated on the CONTRACT
Face Sheet. WASPC may approve or deny the request in its sole and absolute discretion.
6. PERFORMANCE STANDARDS. CONTRACTOR shall perform the services in
accordance with and as defined in the STATEMENT OF WORK incorporated herein, the
budget and estimated expenditure plan, perthe CONTRACT Face Sheet, and in accordance
with the Medications for Opioid Use Disorder (MOUD) Services in Local Jails Program, as
well as other policies and procedures issued by WASPC.
7. PERIOD OF OBLIGATION. CONTRACT period is indicated on Line 5 of the
CONTRACT Face Sheet.
WASPC MOUD Jail Provider Contract v.4.18.22 Page 2 of 8
8. ALLOWABLE COSTS. Allowable costs shall include costs incurred by CONTRAC-
TOR from the first date of the CONTRACT period until the CONTRACT is terminated or
expires as provided herein, but in no event shall allowable costs exceed the maximum stated
amount of the CONTRACT as provided on Line 8 of the CONTRACT Face Sheet. Costs
allowable under this CONTRACT are based on a budget approved by WASPC.
WASPC shall pay to CONTRACTOR all allowable costs incurred from the first date of the
CONTRACT period until this CONTRACT is terminated or expires evidenced by proper
expenditure reconciliation report, submitted to WASPC on a timely basis, insofar as those
allowable costs do not exceed the amount appropriated or otherwise available for such
purposes as stated on the CONTRACT Face Sheet.
9. NON -SUPPLANTING. CONTRACTOR shall not use state funds specified by this
CONTRACT to supplant local, federal, or other state funds. CONTRACTOR shall not use
state funds specified by this Contract to replace funding which would otherwise be made
available to CONTRACTOR had the state funds provided by this CONTRACT not been
provided.
10. CONTRACT ADMINISTRATION. WASPC's Program Coordinator is responsible for
monitoring the performance of this CONTRACT, including approval and acceptance of
reports provided by CONTRACTOR. WASPC's Program Coordinator may provide and
facilitate assistance and guidance to CONTRACTOR as necessary.
11. PROGRAM ADMINISTRATION. CONTRACTOR shall advise WASPC of the local
program administrator- responsible for the performance of this CONTRACT, including name,
address, email, telephone number(s), and any subsequent changes thereto.
12. DATA COLLECTION. CONTRACTOR shall utilize the data collection tool to be
developed in coordination with the HCA hereinafter referred to as the "HCA Data Collection
Tool." CONTRACTOR shall dedicate sufficient resources to establish the administrative
processes necessary for the MCA Data Collection Tool to be fully operational at the time
treatment begins at the any of the jails.
13. REPORTING REQUIREMENTS. CONTRACTOR shall timely submit required reports
using the forms according to procedures issued by WASPC.
14. REPORT DUE DATES
a) Monthly Progress Report. Due on the 10th of the month following the
previous month in which funded activities were performed.
b) Semi -Annual Progress Report. Due on the 10th of the month following the
six-month period in which funded activities were performed.
C) Final Assessment Report. Due on the 10th of the month following the twelve-
month period in which funded activities were performed.
WASPC MOUD Jail Provider Contract v.4.18.22 Page 3 of 8
Failure of CONTRACTOR to timely submit required activity reports and/or supporting docu-
mentation to WASPC's Program Coordinator is a basis for withholding payment and may
result in the cancelation of the award/Contract.
CONTRACTOR shall submit required reports and documentation after the close of the
CONTRACT period, during the transfer of obligations to another CONTRACTOR, or upon
termination of the CONTRACT for any reason.
15. PAYMENT PROVISIONS. WASPC shall award state funds to CONTRACTOR in the
amount provided on Line 8 of the CONTRACT Face Sheet. Upon receipt of a fully executed
Agreement, WASPC will open reimbursement for allowable expenditures made by
CONTRACTOR. CONTRACTOR must complete and submit to the WASPC Program
Coordinator a WASPC Reimbursement Request Form along with documentation/invoices for
the expenditures.
16. EVALUATION AND MONITORING. CONTRACTOR shall cooperate with and freely
participate in any monitoring or evaluation activities conducted by WASPC. WASPC, the
State Auditor, the HCA, or any of their representatives shall have full access to, and the right
to examine during normal business hours and as often as WASPC, or the State Auditor may
deem necessary, all of CONTRACTOR'S records with respect to all matters covered in this
CONTRACT. Such representatives shall be permitted to audit, examine, and make excerpts
or transcripts from such records and to make audits of all CONTRACTS, invoice, materials,
payroll, and records of matters covered by this CONTRACT. Such rights extend for three
years from the date final reconciliation is made hereunder.
17. ACKNOWLEDGEMENT OF FEDERAL FUNDS. CONTRACTOR and its SUBCON-
TRACTORS shall comply with the special conditions listed below:
a. Applicability of Part 200 Uniform Requirements The Uniform Administrative
Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and
supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform
Requirements") apply to this award.
b. CONTRACTOR understands and agrees that WASPC may withhold award funds,
or may impose other related requirements, if the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits, investigations,
or reviews of awards.
C. CONTRACTOR shall not use any state funds, either directly or indirectly, in support
of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of
government, without the express written approval of WASPC.
d. CONTRACTOR shall comply with all applicable laws, regulations, policies, and
guidance (including specific cost limits, prior approval and reporting requirements, where applicable)
governing the use of state funds for expenses related to conferences, meetings, trainings, and other
events, including the provision of food and/or beverages at such events, and costs of attendance at
such events.
e. CONTRACTOR agrees that if it currently has an open award of state funds or if it
receives an award of state funds other than this award, and those award funds have been, are being,
WASPC MOUD Jail Provider Contract v.4.18.22 Page 4 of 8
or are to be used, in whole or in part, for one or more of the identical cost items for which funds are
being provided under this award, the recipient will promptly notify, in writing, the WASPC program
administrator for this award, and, if so requested by WASPC, seek a budget modification or change
of project scope to eliminate any inappropriate duplication of funding.
f. CONTRACTOR understands and agrees that award funds may not be used to
discriminate against or denigrate the religious or moral beliefs of individuals who participate in
programs for which financial assistance is provided from those funds, or of the parents or legal
guardians of such students.
g. CONTRACTOR understands and agrees that, (a) No award funds may be used to
maintain or establish a computer network unless such network blocks the viewing, downloading, and
exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
h. CONTRACTOR shall collect, maintain, and provide to WASPC, data that measure
the performance and effectiveness of activities under this award, in the manner, and within the
timeframes, specified in the program solicitation, or as otherwise specified by WASPC. Data
collection supports compliance with the Government Performance and Results Act (GPRA) and the
GPRA Modernization Act, and other applicable laws.
i. CONTRACTOR shall cooperate with any assessments, state evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any information
required for the assessment or evaluation of any activities within this project.
j. CONTRACTOR shall comply with WASPC contract monitoring guidelines, protocols,
and procedures, and to cooperate with WASPC on all contract monitoring requests, including
requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The
recipient agrees to provide to WASPC all documentation necessary to complete monitoring tasks.
Further, the recipient agrees to abide by reasonable deadlines set by WASPC for providing the
requested documents. Failure to cooperate with WASPC's contract monitoring activities may result
in sanctions affecting the recipient's awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to contract funds; referral to the Office of the State Auditor for
audit review; or termination of an award(s).
k. CONTRACTOR acknowledges that sub -awards are not authorized.
I. CONTRACTOR shall submit to WASPC for review and approval any curricula,
training materials, proposed publications, reports, or any other written materials that will be published,
including web -based materials and web site content, through funds from this contract at least thirty
(30) working days prior to the targeted dissemination date.
M. Applicants must certify that Limited English Proficiency persons have meaningful
access to the services under this program(s). National origin discrimination includes discrimination
on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe
Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have
meaningful access to their programs. Meaningful access may entail providing language assistance
services, including oral and written translation when necessary. The U.S. Department of Justice has
issued guidance for contractors to help them comply with Title VI requirements. The guidance
document can be accessed on the Internet at www.lep.gov.
WASPC MOUD Jail Provider Contract v.4.18.22 Page 5 of 8
n. CONTRACTOR shall comply with the requirements of 28 C.F.R. Part 46 and all
Office of Justice Programs policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject
informed consent.
o. CONTRACTOR shall comply with all confidentiality requirements of 42 U.S.C.
section 37899 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. CONTRACTOR further agrees, as a condition of contract approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23.
P. Approval of this award does not indicate approval of any consultant rate in excess of
$650 per day.
q. All procurement (contract) transactions under this award must be conducted in a
manner that is consistent with 2 C.F.R. Part 200 and State and local law.
18. PROTECTED HEALTH INFORMATION. Unless permitted by Washington State
AND federal law, none of the terms of this CONTRACT may be construed to authorize
WASPC access or request Protected Health Information (PHI) — as defined under HIPAA —
generated under this CONTRACT or otherwise. If WASPC claims they are permitted under
Washington State AND federal law to access or request PHI, WASPC must provide the legal
authority to CONTRACTOR for their request.
19. INSURANCE. Before commencing the Work and as a condition of payment,
CONTRACTOR shall purchase and maintain insurance as described below from an insurer
admitted to do business in Washington with an A.M. Best financial strength rating of A-1 or
better, that will protect it from bodily injury or property damage claims arising out of its
operations under this CONTRACT, whether the operations are by CONTRACTOR,
CONTRACTOR'S consultants, SUBCONTRACTORS, anyone directly or indirectly employed
by any of them, or by anyone for whose acts any of them may be liable.
a. Commercial General Liability (CGL) insurance providing bodily injury liability and
property damage liability with combined single limits of not less than $2,000,000 per occurrence, and
$4,000,000 general aggregate limits, written on an occurrence form.
b. Automobile liability insurance with a minimum limit of liability of not less than $500,000
per occurrence for all owned, non -owned and hired automobiles.
C. CONTRACTOR'S general liability policy shall be endorsed so that the aggregate
limits of insurance apply on this CONTRACT project/job.
policy.
d. WASPC shall be included as an additional insured under CONTRACTOR'S CGL
e. Stop gap coverage of $1,000,000.
Prior to starting work, CONTRACTOR shall provide a copy of the actual additional insured
endorsement or blanket additional insured policy wording to the CGL policy that documents
WASPC'S additional insured status. WASPC and CONTRACTOR hereby waive their rights of
subrogation against one another for any losses covered by the required insurance policies.
WASPC MOUD Jail Provider Contract v.4.18.22 Page 6 of 8
20. INDEMNITY. CONTRACTOR agrees to defend, indemnify, and hold harmless
(the "Indemnity Duty") WASPC, its employees, officers, and its agents from and against
claims, damages, losses and expenses, including but not limited to attorneys' fees and costs
and expenses, arising out of or resulting from performance of the Work, including claims,
damage, loss, or expense attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (the "Harm"), provided, however, that the
CONTRACTOR owes no Indemnity Duty if the Harm was caused by or results from the sole
negligence of WASPC and provided further that in the event of concurrent negligence (i) by
CONTRACTOR or the CONTRACTOR'S SUBCONTRACTORS' agents or employees, or
both and (ii) by WASPC or its agents, or both, then the CONTRACTOR'S Indemnity Duty is
valid and enforceable only to the extent of the negligence of CONTRACTOR, its agents, and
its employees.
CONTRACTOR also agrees to defend, indemnify, and hold WASPC harmless from all
SUBCONTRACTOR and supplier claims for payment, including any liens that may be filed.
CONTRACTOR further agrees to defend, indemnify, and hold WASPC harmless from all
WISHA/OSHA or other related claims, demands, proceedings, violations, penalties,
assessments, or fines that arise out of or relate to CONTRACTOR'S failure to comply with
any safety-related laws, ordinances, rules, regulations, orders, or its -obligations hereunder.
For purposes of the foregoing indemnification provision only, and only to the extent of claims
against CONTRACTOR by WASPC under such indemnification provision, CONTRACTOR
specifically waives any immunity it may be granted under the Washington State Industrial
Insurance Act, Title 51 RCW. The indemnification obligation under this CONTRACT shall not
be limited in any way by any limitation on the amount or type of damages, compensation or
benefits payable to or for any third party under workers compensation acts, disabilities benefit
acts, or other employee benefit acts. This term is specifically negotiated for and agreed
between the parties.
21. ENTIRE AGREEMENT. This CONTRACT, the RFP and CONTRACTOR response,
Statement of Work, Project Narrative, and Budget Worksheet contains the entire agreement
between the parties and may not be modified or amended except as provided herein. No
other understanding, oral or written, regarding the subject matter of this CONTRACT shall
be deemed to exist or to bind any of the parties hereto. The CONTRACTOR shall comply
with all applicable laws, ordinances, codes, regulations and policies of local, state, and state
governments. This CONTRACT consists of the following documents:
a. MOUD - 202X-OOX-OOX CONTRACT Face Sheet;
b. Statement of Work developed agreed upon between the HCA and WASPC MOUD
Services in Local Jails
c. Contract Specific Terms and Conditions;
d. WASPC RFP for Medications for Opioid Use Disorder (MOUD);
e. CONTRACTOR Response to WASPC RFP for Medications for Opioid Use Disorder
(MOUD).
WASPC MOUD Jail Provider Contract v.4.18.22 Page 7 of 8
22. ORDER OF PRECEDENCE. In the event of any inconsistency in this CONTRACT,
unless otherwise provided herein, the inconsistency shall be resolved by giving precedence
in the following order:
a. Applicable federal statutes and regulations;
b. Applicable state statutes and regulations;
c. MOUD — 202X-OOX-OOX CONTRACT Face Sheet;
d. Statement of Work developed agreed upon between the HCA and WASPC
MOUD Services in Local Jails
e. CONTRACT Specific Terms and Conditions;
f. WASPC RFP for Medications for Opioid Use Disorder (MOUD);
g. CONTRACTOR Response to WASPC RFP for Medications for Opioid Use Disorder
(MOUD).
WASPC MOUD Jail Provider Contract v.4.18.22 Page 8 of 8