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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 / / i iii/ii /�/moi iii '�%�- %WNW --ft i //i / //' i/ i / % G / � � / i /i%�i�%/ ��%i -�/ice iii � � - %/. i i// ii/.i iii ilii/ ii. / i/ %/ ii %i /- / /.. • . iAil 11 2! Me to.jglmm.� 1 ■ 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 ❑ Invoices / Purchase Orders ❑ 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 / / i iii/ii /�/moi iii '�%�- %WNW --ft i //i / //' i/ i / % G / � � / i /i%�i�%/ ��%i -�/ice iii � � - %/. i i// ii/.i iii ilii/ ii. / i/ %/ ii %i /- / /.. • . iAil 11 2! Me to.jglmm.� 1 ■ 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). 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