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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. Washington State 14 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 15 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 16 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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 Washington State 17 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 18 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 19 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 20 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 21 CJTA Funded Treatmentand Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 22 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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 Washington State 23 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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. Washington State 24 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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 Washington State 25 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 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; Washington State 31 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3958 Attachment 1 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 Health Care Authority HCA Contract K3958 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