HomeMy WebLinkAboutR-2019-080 Washington State Healthy Transitions Project; Agreement with Health Care AuthorityA RESOLUTION
RESOLUTION NO. R-2019-080
authorizing an agreement with Health Care Authority, in the amount of
$299,988 to develop a program to assist individuals suffering from mental
health and other issues
WHEREAS, the City of Yakima was notified last fall that it was the recipient of a 5 year
federal Substance Abuse and Mental Health Services Administration (SAMHSA) grant for the
Washington State Healthy Transitions Project; and
WHEREAS, the City has identified the Yakima School District, ESD 105,
Comprehensive Mental Health and other agencies as partners in developing a program to assist
individuals between the ages of 16-25 suffering from health related issues; and
WHEREAS, services that will be provided as part of the program include behavioral
health services, physical health services, independent living skills, peer support, and
community -based recovery support; and
WHEREAS, although the grant award is for a five year period, receipt of funds each year
will require individuals annual contracts, and
WHEREAS, the scope of work and budget meet the needs and requirements of the City
of Yakima for this project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Contract with
Health Care Authority for developing a Healthy Transitions Project for the City of Yakima
ADOPTED BY THE CITY COUNCIL this 20th day of August, 2019.
ATTEST
SonAlClaar Tee, City Clerk
DocuSign Envelope ID: 071FC967-FDD0-40A8-AC75-73C0312D6B77
t
RESOLUTION NO
Washington State
Health Care litho*
PROFESSIONAL SERVICES
CONTRACT for
Client Services for the
Washington State Healthy
Transitions Project — City of
Yakima
HCA Contract Number: K3791
ContractorNendor Contract Number:
THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and The City of
Yakima, (Contractor).
CONTRACTOR NAME
City of Yakima
CONTRACTOR DOING BUSINESS AS (DBA)
CONTRACTOR ADDRESS 1 Street
129 North 2nd Street
CONTRACTOR CONTACT
Cliff Moore, City Manager
Is Contractor a Subrecioient under this Contract?
OYES ENO
HCA PROGRAM
Division of Behavioral Health
City
Yakima
CONTRACTOR TELEPHONE
(509) 575-6040
HCA CONTACT NAME AND TITLE
Jared Langton, MS, CDP, Healthy Transitions Program Director
HCA CONTACT TELEPHONE
(360) 725-1580
CONTRACT START DATE
May 1, 2019
CFDA NUMBER
93.243
CONTRACT END DATE
September 29, 2019
State
WA
Zip Code
98901
CONTRACTOR E-MAIL ADDRESS
Cliff.Moore@yakimawa.gov
(S):
HCA DIVISION/SECTION
DBHR/CYF
HCA CONTACT ADDRESS
Health Care Authority
626 8th Avenue SE
Olympia, WA 98504
FFATA Form Reauired
EYES ENO
HCA CONTACT E-MAIL ADDRESS
Jarediangton@hca.wa.gov
TOTAL MAXIMUM CONTRACT AMOUNT
$299,988.00
PURPOSE OF CONTRACT:
The City of Yakima is being requested to assist in the implementation of the Washington State Healthy Transitions Project (HTP), funded by
the SAMHSA Healthy Transitions: Improving Life Trajectories for Youth and Young Adults with Serious Mental Disorders Program (FOA #SM-
19-001).
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.
CONTRACTOR SIGNATURE
HCA G AT
r--Docus givod by;
V..-4t-2`5,91CAOC24tb
Rev 5/6/2019
P tNTEUAME AND TITLE
4WITO(P(
PRINTED NAME AND TITLE
Annette Schuffenhauer, Chief Legal Officer
DATE
VIZ /
SIGNED -
DATE SIGNE'D
8/23/2019
4.21 INDEPENDENT CAPACITY (]FTHE CONTRACTOR .,. .._._~~__,.___..,^__._'..~~__21
4.22 INDUSTRIAL INSURANCE COVERAGE
4.23 LEGAL AND REGULATORY COMPLIANCE '
4.24 L|K8|TAT|Oy4 OF AUTHORITY '
4.25 NOTHIRD-PARTY BENEFICIARIES
4.26 NONDISCRIMINATION
4.27 OVERPAYMENTS TO CONTRACTOR
4.28 PAY Equity ..................................................................... _...... _.... 22
4.29 PUBLICITY ..................................................................... ._~~_.._~^,-°_^,~.~...... __~....... '23
4.30 �E�O��� A�[) DOCUMENTS �BUEVV 23
� ------~_-'.-^...^-._^-.----^-`_-`.�
4.31 REMEDIES NON-EXCLUSIVE
4.32RIGHT OFINSPECTION
4.33 RIGHTS |NDATA/OWNERSHIP
4.34 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ... ______,__,_.._,_°^,_~_,__'~__25
4.35 8E\/ERAB|L|TY ..................-~°.^.~-~~---.~_^.-~..~~^25
4.36 SITE SECURITY _^_...... .__....... _=.=,_-25
4.37SUBCONTRACTING ..................................................... .._°...... __.~^°~"^.,-^,..-^.~~_.._._``25
4.38 �UBF�EC�|�|ENT 2�
� ..~^'__~_-'_'-°^"-^`^°*~.�^..._'..^~^___
4.39 SURVIVAL ..... ~,^___..... _...... .^~,.~_°.~._~.�27
4.40 TAXES ........ _-.^......
4.41 TERMINATION .....-__�~_28
4.42 TERK8|NA7|{]y4 PROCEDURES _,~_,,~_29
4.43 VVA|\/ER .... ~........ -_- .......... 30
Affachmments
Attaohment1: Confidential Information Security Requirements
Attaohmnent2: Federal Compliance, Certifications and Assurances
Attachment �� Federal Funding Accountability and Transparency Act Data Collection
Form
Schedules
Schedule A: Statement ofWork /SC3VV\ Implementation ofthe \8aehignton State
Healthy Transitions Project
Washington State 3 Description of Services
Contract #K3791
for Implementation of the ashington State Healthy
Transitions Project
Recitals
NOW THEREFORE, HCA and the City of Yakima enter into this Contract, the terms and
conditions of which will govern Contractor's providing to HCA the implementation of the
Washington State Healthy Transitions Project (HTP), funded by the SAMHSA Healthy Transitions:
Improving Life Trajectories for Youth and Young Adults with Serious Mental Disorders Program
(FOA #SM-19-001) in accordance with the Statement of Work (SOW) outlined in Schedule A
Attached.
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
I nformation.
"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 DSA 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.
Washington State 4 Description of Services
Health Care Authority HCA Contract #K3791
"Centers for Medicare and Medicaid Services" or "CMS" 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 htt Ii ecfr.q v/cgiabin/E FR sage=brow e
"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.
"Contractor" means the City of Yakima, 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.
Washington State 5 Description of Services
Health Care Authority HCA Contract #K3791
"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 future payment 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: htt:/laf ps.leg.w .govircwl
"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.
"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/
"WAC" 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: httpa/app.leq.wa.govlwacl
3. SPECIAL TERMS AND CONDITIONS
Definitions.
The words and phrases listed below, as used in this Contract, shall each have the following
definitions:
a) "CMHS" means the Center for Mental Health Services Office of the Substance Abuse
and Mental Health Services Administration.
Washington State 6 Description of Services
Health Care Authority HCA Contract #K3791
b) "Cultural Competence" means a set of congruent behaviors, attitudes, and policies
that come together in a system, agency, or among professionals that enables effective
work in cross-cultural situations. 'Culture' refers to integrated patterns of human behavior
that include the language, thoughts, communications, actions, customs, beliefs, values,
and institutions of racial, ethnic, religious, or social groups. 'Competence' implies having
the capacity to function effectively as an individual in an organization within the context
of the cultural beliefs, behaviors, and needs presented by consumers and their
communities.
c) "DBHR" or "Division of Behavioral Health and Recovery" means a division of the
Washington State Health Care Authority, the designated authority to serve Washington
Apple Health (Medicaid) clients.
d) "DUNS" or "Data Universal Numbering System" means a unique identified for
businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet (D&B)
and are used for a variety of purposes, including applying for government contracting
opportunities.
e) "FTE" means Full Time Equivalent
f) "FYSPRT" means Family Youth System Partner Roundtables which are convened
regionally and overseen by the Division of Behavioral Health and Recovery.
g) "GPRA" means the Government Performance and Results Act.
h) "HTP" means the `Healthy Transitions Project'
i) "IPS" or "Individual Placement and Support" means an enhanced version of
SAMHSA's Supported Employment Evidence -Based Practices Kit.
j) "NOMS" or "National Outcomes Measures Tool" means the information gathered
using a web -based reporting system called SAMHSA's Performance Accountability and
Reporting System (SPARS). NOMS data will be collected and reporting in to the
SPARS system at baseline (i.e., the client's entry into the project), 6-month intervals post
baseline, and at discharge.
k) "RSS" or "Recovery Support Services" means a broad range of community supports
and social services to help individuals remain engaged in treatment and/or the recovery
process.
I) "SAMHSA" means the U.S. Department of Health and Human Services, Substance
Abuse and Mental Health Services Administration.
Washington State 7 Description of Services
Health Care Authority HCA Contract #K3791
m) "SE" or "Support Employment" means services that help individuals overcome
barriers to employment. SAMHSA Evidence -Based Practice Supported Employment is
also known as Individual Placement Support (IPS).
n) "SED/SMI" or "Serious Emotional Disturbance/Serious Mental Illness": SAMHSA
has clarified the definitions of SED and SMI: Children with SED refers to persons from
birth to age 18 and adults with SMI refers to persons age 18 and over: (1) who currently
meets or at any time during the past year has met criteria for a mental disorder —
including within developmental and cultural contexts — as specified within a recognized
diagnostic classification system (e.g. most recent editions of DSM, ICD, etc.), and (2)
who displays functional impairment, as determined by a standardized measure, which
impedes progress towards recovery and substantially interferes with or limits the
person's role or functioning in family, school, employment, relationships, or community
activities.
o) "SH" or "Supported Housing" means services that help individuals get and keep
community housing.
p) "TAY" or "Transition -Age Youth" means young people between the ages of 16 and
25.
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;
3.1.7 Regular, punctual attendance at all meetings; and
3.1.8 Provision of high quality services.
Washington State 8 Description of Services
Health Care Authority HCA Contract #K3791
Prior to payment of invoices, HCA will review and evaluate the performance of Contractor
in accordance with this 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 The initial term of the Contract will commence on May 1, 2019 or date of last
signature, whichever is later, and continue through September 29, 2019, unless
terminated sooner as provided herein.
3.2.2 This Contract may be eligible for a no -cost extension through September 29, 2024.
A written request e-mailed to the to the HCA Project Director (Contract Manager)
must be received 90 days prior to project end date. A written request for a no -cost
extension is not a guarantee for funding. 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 outlined into the indivudal Statement of Work
and will include any and all allowable expenses.
3.3.2 Contractor's compensation for services rendered will be based on the following
rates or in accordance with the following terms.
3.3.3 Federal funds disbursed through this Contract were received by HCA through OMB
Catalogue of Federal Domestic Assistance (CFDA) Number: 93.243 SAMHSA:
Center for Mental Health Services 7H79SM082187-01 The Healthy Transitions
Project: Improving Life Trajectories for Youth and Young Audits with Serious
Mental Disorders. Contractor agrees to comply with applicable rules and regulations
associated with these federal funds and has signed Attachment 2: Federal
Compliance, Certification and Assurances, attached.
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: Acctspav@ncca.wa,gov. Include the HCA Contract
number in the subject line of the email.
Washington State 9 Description of Services
Health Care Authority HCA Contract #K3791
3.4.2 Invoices must describe and document to HCA'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 Contract
Manager or his/her designee prior to payment.
3.4.3 Contractor must submit properly itemized invoices to include the following
information, as applicable:
3.4.3.1 HCA Contract number K3791;
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.,gov/it
systems/statewide-vendorpayee-services/receiving-payment-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
Washington State 10 Description of Services
Health Care Authority HCA Contract #K3791
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.
3.5.3 The contact information provided below may be changed by written notice of the
change (email acceptable) to the other party.
3.6 KEY STAFF
3.6.1 Except in the case of a legally required leave of absence, sickness, death,
termination of employment or unpaid leave of absence, Key Staff must not be
changed during the term of the Statement of Work (SOW) from the people who
were described in the Response for the first SOW or those Key Staff initially
assigned to subsequent SOWs, without the prior written approval of HCA until
completion of their assigned tasks.
3.6.2 During the term of the Statement of Work (SOW), HCA reserves the right to
approve or disapprove Contractor's Key Staff assigned to this Contract, to approve
or disapprove any proposed changes in Contractor's Key Staff, or to require the
removal or reassignment of any Contractor staff found unacceptable by HCA,
subject to HCA's compliance with applicable laws and regulations. Contractor must
provide a resume to HCA of any replacement Key Staff and all staff proposed by
Contractor as replacements for other staff must have comparable or greater skills
for performing the activities as performed by the staff being replaced.
Washington State 11 Description of Services
Health Care Authority HCA Contract #K3791
3.7 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.
3.7.1 In the case of notice to the Contractor:
Attention: Cliff Moore, City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
3.7.2 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
3.7.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever
is earlier.
3.7.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Contract. In
the event of an inconsistency, the inconsistency will be resolved in the following order of
precedence:
3.8.1 Applicable Federal and State of Washington statutes and regulations;
3.8.2 Recitals
3.8.3 Special Terms and Conditions;
3.8.4 General Terms and Conditions;
3.8.5 Attachment 1: Confidential Information Security Requirements;
3.8.6 Attachment 2: Federal Compliance, Certifications and Assurances;
Washington State 12 Description of Services
Health Care Authority HCA Contract #K3791
3.8.7 Attachment 3: Federal Funding Accountability and Transparency Act Data
Collection Form;
3.8.8 Schedule A: Statement(s) of Work; and
3.8.9 Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
3.9 INSURANCE
Contractor must provide insurance coverage as set out in this section. 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 must provide insurance coverage that is maintained in full force and
effect during the term of this Contract, as follows:
3.9.1 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.
3.9.2 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.
3.9.3 Professional Liability Errors and Omissions — Provide a policy with coverage of not
less than $1 million per claim and $2 million general aggregate.
3.9.4 The insurance required must be issued by an insurance company/ies 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, non -renewal, 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.
Washington State 13 Description of Services
Health Care Authority HCA Contract #K3791
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.
3.9.5 The Receiving Party certifies that it is self -insured, is a member of a risk pool, or
maintains the types and amounts of insurance identified above and will provde
certificates of insurance to that effect to HCA upon request.
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.
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 4.37, 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,
Washington State 14 Description of Services
Health Care Authority HCA Contract #K3791
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 successors 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 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
HCA'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 — 13424, 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
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Health Care Authority HCA Contract #K3791
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 OCIO Security Standard, 141.10
(h s.l!oolo.wa.govipol cies,141-s ctwrinq-iriformatlonµtechnolo y-assets/ 4110-se uring-
infarmation-techi olo ay -assets).
4.9 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION
4.9.1 Contractor must notify the HCA Privacy Officer (HAlrivacyOffcer .hca.wagov)'
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.
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
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Health Care Authority HCA Contract #K3791
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.
4.10 CONTRACTOR'S PROPRIETARY INFORMATION
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.
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.
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Health Care Authority HCA Contract #K3791
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.
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 4.44
Warranties.
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4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA)
4.15.1 This Contract is supported by federal funds that require compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the
public can see how federal funds are spent.
4.15.2 To comply with the act and be eligible to enter into this Contract, Contractor must
have a Data Universal Numbering System (DUNS®) number. A DUNS® number
provides a method to verify data about your organization. If Contractor does not
already have one, a DUNS® number is available free of charge by contacting Dun
and Bradstreet at www.dnb.com.
4.15.3 Information about Contractor and this Contract will be made available on
www.uscontractorregistrationcom by HCA as required by P.L. 109-282. HCA's
Attachment 3: Federal Funding Accountability and Transparency Act Data
Collection Form, is considered part of this Contract and must be completed and
returned along with the Contract.
4.16 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.
4.17 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:
4.17.1 Terminate this Contract pursuant to Section 4.41.3, Termination for Non -Allocation
of Funds;
4.17.2 Renegotiate the Contract under the revised funding conditions; or
4.17.3 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.
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Health Care Authority HCA Contract #K3791
4.17.3.1 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.
4.17.3.2 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.
4.17.3.3 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
terms of this Contract for services rendered prior to the retroactive date of
termination.
4.18 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 11th
Amendment to the United States Constitution.
4.19 HCA NETWORK SECURITY
Contractor agrees not to attach any Contractor -supplied computers, peripherals or
software to the HCA Network without prior written authorization from HCA'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.
4.20 INDEMNIFICATION
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
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Health Care Authority HCA Contract #K3791
Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees,
or agents, in the performance of this Contract.
4.21 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.
4.22 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
"employer" as defined in Title 51 RCW, and must maintain full compliance with Title 51
RCW during the course of this Contract.
4.23 LEGAL AND REGULATORY COMPLIANCE
4.23.1 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.
4.23.2 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.
4.23.3 Failure to comply with any provisions of this section may result in Contract
termination.
4.24 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.
4.25 NO THIRD -PARTY BENEFICIARIES
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.
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4.26 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 VII
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 RCW,
Washington Law Against 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.
4.27 OVERPAYMENTS TO CONTRACTOR
!n 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.
4.28 PAY EQUITY
4.28.1 Contractor represents and warrants that, as required by Washington state law
(Laws of 2017, Chap. 1, § 213), 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.
4.28.2 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.
4.28.3 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.
4.28.4 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.
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Health Care Authority HCA Contract #K3791
4.28.5 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.
4.29 PUBLICITY
4.29.1 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.
4.29.2 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 HCA'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 HCA'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.
4.30 RECORDS AND DOCUMENTS REVIEW
4.30.1 The Contractor must maintain books, records, documents, magnetic media,
receipts, invoices or other evidence relating to this Contract and the performance of
the services rendered, along with accounting procedures and practices, all of which
sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Contract. At no additional cost, these records, including
materials generated under this Contract, are subject at all reasonable times to
inspection, review, or audit by HCA, the Office of the State Auditor, and state and
federal officials so authorized by law, rule, regulation, or agreement [See 42 USC
1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431,
Subpart Q; and 42 CFR 447.202].
4.30.2 The Contractor must retain such records for a period of six (6) years after the date
of final payment under this Contract.
4.30.3 If any litigation, claim or audit is started before the expiration of the six (6) year
period, the records must be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.31 REMEDIES NON-EXCLUSIVE
The remedies provided in this Contract are not exclusive, but are in addition to all other
remedies available under law.
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Health Care Authority HCA Contract #K3791
4.32 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.
4.33 RIGHTS IN DATA/OWNERSHIP
4.33.1 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.C. §101 et seq, and will be owned by HCA.
Contractor is hereby commissioned to create the Work Product. Work Product
includes, but is not limited to, discoveries, formulae, ideas, improvements,
inventions, methods, models, processes, techniques, findings, conclusions,
recommendations, reports, designs, plans, diagrams, drawings, Software,
databases, documents, pamphlets, advertisements, books, magazines, surveys,
studies, computer programs, films, tapes, and/or sound reproductions, to the extent
provided by law. Ownership includes the right to copyright, patent, register and the
ability to transfer these rights and all information used to formulate such Work
Product.
4.33.2 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.
4.33.3 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.
4.33.4 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.
4.33.5 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.
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4.33.6 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.
4.34 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.
4.35 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.
4.36 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.
4.37 SUBCONTRACTING
4.37.1 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.
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4.37.2 Contractor is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this Contract are included in any subcontracts.
4.37.3 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.
4.37.4 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.
4.37.5 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.
4.38 SUBRECIPIENT
4.38.1 General
If the Contractor is a subrecipient (as defined in 45 CFR 75.2 and 2 CFR 200.93)
of federal awards, then the Contractor, in accordance with 2 CFR 200.501 and 45
CFR 75.501, shall:
4.38.1.1 Maintain records that identify, in its accounts, all federal awards received
and expended and the federal programs under which they were received,
by Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, name of the federal agency, and name of the
pass -through entity;
4.38.1.2 Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
4.38.1.3 Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
4.38.1.4 Incorporate OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501
audit requirements into all agreements between the Contractor and its
Subcontractors who are subrecipients;
4.38.1.5 Comply with any future amendments to OMB Super Circular 2 CFR
200.501 and 45 CFR 75.501 and any successor or replacement Circular
or regulation;
4.38.1.6 Comply with the applicable requirements of OMB Super Circular 2 CFR
200.501 and 45 CFR 75.501 and any future amendments to OMB Super
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Circular 2 CFR 200.501 and 45 CFR 75.501, and any successor or
replacement Circular or regulation; and
4.38.1.7 Comply with the Omnibus Crime Control and Safe streets Act of 1968,
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX
of the Education Amendments of 1972, The Age Discrimination Act of
1975, and The Department of Justice Non -Discrimination Regulations, 28
C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39.
(Go to httq://aip.gov/about/offices/ocr.htm_for additional information and
access to the aforementioned Federal laws and regulations.)
4.38.2 Single Audit Act Compliance
If the Contractor is a subrecipient and expends $750,000 or more in federal awards
from any and/or all sources in any fiscal year, the Contractor will procure and pay
for a single audit or a program -specific audit for that fiscal year. Upon completion
of each audit, the Contractor will:
4.38.2.1 Submit to the Authority contact person the data collection form and
reporting package specified in OMB Super Circular 2 CFR 200.501 and
45 CFR 75.501, reports required by the program -specific audit guide (if
applicable), and a copy of any management letters issued by the auditor;
4.38.2.2 Follow-up and develop corrective action for all audit findings; in
accordance with OMB Super Circular 2 CFR 200.501 and 45 CFR
75.501, prepare a "Summary Schedule of Prior Audit Findings."
4.38.3 Overpayments
4.38.3.1 If it is determined by HCA, or during the course of a required audit, that
Contractor has been paid unallowable costs under this or any Program
Agreement, Contractor will refund the full amount to HCA as provided in
Section 4.27 Overpayments to Contractors.
4.39 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, Contractor's Proprietary
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.
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4.40 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.
4.41 TERMINATION
4.41.1 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."
4.41.2 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 28 Description of Services
Health Care Authority HCA Contract #K3791
4.41.3 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.
4.41.4 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.
4.41.5 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.
4.42 TERMINATION PROCEDURES
4.42.1 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.
4.42.2 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
Washington State 29 Description of Services
Health Care Authority HCA Contract #K3791
Section 4.13 Disputes. HCA may withhold from any amounts due the Contractor
such sum as HCA determines to be necessary to protect HCA against potential loss
or liability.
4.42.3 After receipt of notice of termination, and except as otherwise directed by HCA,
Contractor must:
4.42.3.1 Stop work under the Contract on the date of, and to the extent specified
in, the notice;
4.42.3.2 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;
4.42.3.3 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 so 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;
4.42.3.4 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;
4.42.3.5 Transfer title to and deliver as directed by HCA any property required to
be furnished to HCA;
4.42.3.6 Complete performance of any part of the work that was not terminated by
HCA; and
4.42.3.7 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.
4.43 WAIVER
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.
4.44 WARRANTIES
4.44.1 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 -
Washington State 30 Description of Services
Health Care Authority HCA Contract #K3791
perform any services that are not |ncompliance with this representation mnd
warranty at no cost to HCA.
4.44.2 Contractor represents and warrants that itwill comply with all applicable local, State,
and federal licensing, accreditation and registration requirements and standards
necessary in the performance of the Services.
4�4.3Any written commitment by Contractor within the scope of this Contract will be
binding upon Contractor. Failure of Contractor to fulfill such a commitment may
constitute breach and will render Contractor liable for damages under the terms of
this Contract. For purposes of this aaotion, o commitment by Contractor includes:
(i) Prices, discounts, and options committed to remain in force over a specified
period of time; and (ii) any warranty or representation made by Contractor to HCA
or contained in any Contractor publications, or descriptions of services in written or
other communication medium, used toinfluence HCAtmenter into this Contract.
Washington State 31 Description ofServices
Attachment 1
Confidential Information Security Requirements
1. Definitions
In addition to the definitions set out in Section 2 of this Contract K3791 for HCA the implementation of
the Washington State Healthy Transitions Project (HTP), funded by the SAMHSA Healthy Transitions:
Improving Life Trajectories for Youth and Young Adults with Serious Mental Disorders Program (FOA
#SM-19-001) in accordance with the Statement of Work (SOW) outlined in Schedule A Attached, 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.
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); USB 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: handhelds/PDAs/Smartphones; Ultramobile PC's, flash memory
devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet
computers. If used to store Confidential Information, devices should be Federal Information
Processing Standards (FIPS) 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)" 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 CUSPS") first class mail, or
Washington State
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Health Care Authority Attachment 2
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.
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 qov/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:
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 Data Share Agreement. If so
authorized, the Receiving Party must protect the Data by:
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Health Care Authority Attachment 2
1. Encrypting with N|ST80C-oermmapproved algorithms. Encryption havowil|
bmstored and protected independently ofthe data;
2. Control access tnthe devices with aUnique User |Oand Hardened
Password orstronger authentication method such aaaphysical token mr
3. Keeping devices inlocked storage when not inuse;
4. Using chech-in/chech-outprocedures when devices are shared;
5. Maintain an inventory of devices; and
6. Ensure that when being transported outside ofmSecured Area, all devices
with Data are under the physical control of anAuthorized User.
b. Paper documents. Any paper records containing Confidential Information must bn protected
bvstoring the records inaSecured Area that ieaccessible only bo authorized personnel.
When not in use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, mrsafe, towhich 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
inthe event ofmsecurity Breach.
a. The HCA Confidential Information must bmkept inone ofthe following ways:
on media (e.g. hard disk, optical disc, tape, etc.) which will contain only HCA Data;
or
N. in a logical container on electronic media, such as a partition or folder dedicated to
HCA'aData; or
|ii in a database that will contain only HCA Data; or
iv. within adatabase and will bedistinguishable from nmn-HCAData bvthe value ofo
specific field orfields within database records; or
v. when stored as physical paper documents, physically segregated from non-HCA
Data in a dravver, folder, orother container.
Washington State
Health Care Authority Attachment 2
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.html).
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
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Health Care Authority Attachment 2
ATTACHMENT 2
FEDERAL COMPLIANCE, CERTIFICATIONS, AND ASSURANCES
In the event federal funds are included in this agreement, the following sections apply: I. Federal Compliance
and II. Standard Federal Assurances and Certifications. In the instance of inclusion of federal funds, the
Contractor may be designated as a sub -recipient and the effective date of the amendment shall also be the
date at which these requirements go into effect.
FEDERAL COMPLIANCE - The use of federal funds requires additional compliance and control mechanisms to
be in place. The following represents the majority of compliance elements that may apply to any federal funds
provided under this contract. For clarification regarding any of these elements or details specific to the federal
funds in this contract, contact: Jared Langton at Jared.Langton@hca.wa.gov.
a. Source of Funds: This agreement is being funded partially or in full through Cooperative Agreement number
7H79SM082187-01, the full and complete terms and provisions of which are hereby incorporated into this
agreement can be found by reference in Exhibit C. Federal funds to support this agreement are identified
by the Catalog of Federal Domestic Assistance (CFDA) number 93.243 and amount to $999,040.00. The
sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract
No. K3791
b. Period of Availability of Funds: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs
resulting from obligations of the funding period specified in 7H79SM082187-01, unless carryover of
unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting
from obligations of the subsequent funding period. All obligations incurred under the award must be
liquidated no later than 90 days after the end of the funding period.
c. Single Audit Act: A sub-awardee (including private, for -profit hospitals and non-profit institutions) shall
adhere to the federal Office of Management and Budget (OMB) Super Circular 2 CFR 200.501 and 45 CFR
75.501. A sub-awardee who expends $750,000 or more in federal awards during a given fiscal year shall
have a single or program -specific audit for that year in accordance with the provisions of OMB Super
Circular 2 CFR 200.501 and 45 CFR 75.501.
d. Modifications: This agreement may not be modified or amended, nor may any term or provision be waived
or discharged, including this particular Paragraph, except in writing, signed upon by both parties.
1. Examples of items requiring Health Care Authority prior written approval include, but are not limited to,
the following:
i. Deviations from the budget and Project plan.
ii. Change in scope or objective of the agreement.
iii. Change in a key person specified in the agreement.
iv. The absence for more than three months or a 25% reduction in time by the Project
Manager/Director.
v. Need for additional funding.
vi. Inclusion of costs that require prior approvals as outlined in the appropriate cost principles.
vii. Any changes in budget line item(s) of greater than twenty percent (20%) of the total budget in this
agreement.
2. No changes are to be implemented by the Sub-awardee until a written notice of approval is received
from the Health Care Authority.
e. Sub -Contracting: The sub-awardee shall not enter into a sub -contract for any of the work performed under
this agreement without obtaining the prior written approval of the Health Care Authority. If sub -contractors
are approved by the Health Care Authority, the subcontract, shall contain, at a minimum, sections of the
Washington State
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Health Care Authority Attachment 2
agreement pertaining to Debarred and Suspended Vendors, Lobbying certification, Audit requirements,
and/or any other project Federal, state, and local requirements.
f. Condition for Receipt of Health Care Authority Funds: Funds provided by Health Care Authority to the sub-
awardee under this agreement may not be used by the sub-awardee as a match or cost -sharing provision to
secure other federal monies without prior written approval by the Health Care Authority.
g.
Unallowable Costs: The sub-awardees' expenditures shall be subject to reduction for amounts included in
any invoice or prior payment made which determined by HCA not to constitute allowable costs on the basis
of audits, reviews, or monitoring of this agreement.
Citizenship/Alien Verification/Determination: The Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA) of 1996 (PL 104-193) states that federal public benefits should be made
available only to U.S. citizens and qualified aliens. Entities that offer a service defined as a "federal public
benefit" must make a citizenship/qualified alien determination/ verification of applicants at the time of
application as part of the eligibility criteria. Non -US citizens and unqualified aliens are not eligible to receive
the services. PL 104-193 also includes specific reporting requirements.
Federal Compliance: The sub-awardee shall comply with all applicable State and Federal statutes, laws,
rules, and regulations in the performance of this agreement, whether included specifically in this agreement
or not.
Civil Rights and Non -Discrimination Obligations During the performance of this agreement, the Contractor
shall comply with all current and future federal statutes relating to nondiscrimination. These include but are
not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of
1972 (20 U.S.C. §§ 1681-1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §
794), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107), the Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290dd-3 and 290ee-3), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the
Americans with Disability Act (42 U.S.C., Section 12101 et seq.) http://www.hhs.gov/ocr/civilrights;
HCA Federal Compliance Contact Information
Federal Grants and Budget Specialist
Health Care Policy
Washington State Health Care Authority
Post Office Box 42710
Olympia, Washington 98504-2710
II. CIRCULARS 'COMPLIANCE MATRIX' - The following compliance matrix identifies the OMB Circulars that
contain the requirements which govern expenditure of federal funds. These requirements apply to the
Washington State Health Care Authority (HCA), as the primary recipient of federal funds and then follow the
funds to the sub-awardee, City of Yakima. The federal Circulars which provide the applicable administrative
requirements, cost principles and audit requirements are identified by sub-awardee organization type.
ENTITY TYPE
State. Local and Indian Tribal
Governments and
Governmental Hospitals
Non -Profit Organizations and
Non -Profit Hospitals
OMB CIRCULAR
ADMINISTRATIVE
REQUIREMENTS
COST
PRINCIPLES
AUDIT REQUIREMENTS
OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501
Washington State
Health Care Authority
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K3791
Attachment 2
Colleges or Universities and
Affiliated Hospitals
For -Profit Organizations
Washington State
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Health Care Authority Attachment 2
Definitions:
"Sub -recipient"; means the legal entity to which a sub -award is made and which is accountable to the State for the use of
the funds provided in carrying out a portion of the State's programmatic effort under a sponsored project. The term may
include institutions of higher education, for -profit corporations or non-U.S. Based entities.
"Sub -award and Sub -grant' are used interchangeably and mean a lower tier award of financial support from a prime
awardee (e.g., Washington State Health Care Authority) to a Sub -recipient for the performance of a substantive portion of
the program. These requirements do not apply to the procurement of goods and services for the benefit of the Washington
State Health Care Authority.
IV. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances,
Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements
administered by the Washington State Health Care Authority.
CERTIFICATIONS
1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her
knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76,
and its principals:
a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal Department or agency;
b) have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State,
or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
d) have not within a 3-year period preceding this contract had one or more public transactions (Federal, State,
or local) terminated for cause or default.
Should the contractor not be able to provide this certification, an explanation as to why should be placed after the
assurances page in the contract.
The contractor agrees by signing this contract that it will include, without modification, the clause titled
"Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion --Lower Tier Covered
Transactions" in all lower tier covered transactions (i.e., transactions with sub -grantees and/or contractors) and in
all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76.
2. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or
will continue to, provide a drug -free workplace in accordance with 45 CFR Part 76 by:
a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
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Health Care Authority Attachment 2
b) Establishing an ongoing drug -free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
c) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy
of the statement required by paragraph (a) above;
d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment
under the contract, the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
e) Notifying the agency in writing within ten calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every contract officer or other designee on whose contract activity
the convicted employee was working, unless the Federal agency has designated a central point for the receipt
of such notices. Notice shall include the identification number(s) of each affected grant;
f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (2), with
respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
g)
Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f).
For purposes of paragraph (e) regarding agency notification of criminal drug convictions, Authority has designated
the following central point for receipt of such notices:
Legal Services Manager
WA State Health Care Authority
PO Box 42700
Olympia, WA 98504-2700
3. CERTIFICATION REGARDING LOBBYING
Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain
Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative
agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the
Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires
that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying
undertaken with non -Federal (nonappropriated) funds. These requirements apply to grants and cooperative
agreements EXCEEDING $100,000 in total costs (45 CFR Part 93).
The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
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Health Care Authority Attachment 2
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL,
"Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this
application form.)
(3)
The undersigned shall require that the language of this certification be included in the award documents for
all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and
cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA)
The undersigned (authorized official signing for the contracting organization) certifies that the statements herein
are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false,
fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties.
The undersigned agrees that the contracting organization will comply with the Public Health Service terms and
conditions of award if a contract is awarded.
5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
Public Law 103-227, also known as the Pro -Children Act of 1994 (Act), requires that smoking not be permitted in
any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for
the provision of health, day care, early childhood development services, education or library services to children
under the age of 18, if the services are funded by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law
does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or
alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or
facilities where WIC coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity.
By signing the certification, the undersigned certifies that the contracting organization will comply with the
requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision
of services for children as defined by the Act.
The contracting organization agrees that it will require that the language of this certification be included in any
subcontracts which contain provisions for children's services and that all sub -recipients shall certify accordingly.
The Public Health Services strongly encourages all recipients to provide a smoke -free workplace and
promote the non-use of tobacco products. This is consistent with the PHS mission to protect and
advance the physical and mental health of the American people.
Washington State
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Health Care Authority Attachment 2
6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS INSTRUCTIONS FOR CERTIFICATION
1) By signing and submitting this proposal, the prospective contractor is providing the certification set out below.
2) The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective contractor shall submit an explanation of why it
cannot provide the certification set out below. The certification or explanation will be considered in connection
with the department or agency's determination whether to enter into this transaction. However, failure of the
prospective contractor to furnish a certification or an explanation shall disqualify such person from participation
in this transaction.
3) The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause of default.
4) The prospective contractor shall provide immediate written notice to the department or agency to whom this
contract is submitted if at any time the prospective contractor learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order
12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of
those regulations.
6) The prospective contractor agrees by submitting this contract that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by Authority.
7) The prospective contractor further agrees by submitting this contract that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction," provided by HHS, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
8) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Non -procurement List (of excluded parties).
9) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
10) Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, Authority may terminate this transaction for cause or default.
7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS -- PRIMARY COVERED TRANSACTIONS
1) The prospective contractor certifies to the best of its knowledge and belief, that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
Washington State
Page 42 of 52 K3791
Health Care Authority Attachment 2
c) Are not presently indicted for or otherwise criminally or civilly charged byogovernmental entity (Federal.
State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
d) Have not within a three-year period preceding this contract had one or more public transactions (Federal,
State orlocal) terminated for cause ordefault.
%) Where the prospective contractor is unable to certify to any of the statements in this cadificaUun, such
prospective contractor shall attach anexplanation hothis proposal.
COP11TRACT0 SUGWATU
� � �� � �
SIGNATURE C�FAUTHOR|2ED CE�OFM�Q
OFFICIAL
Please also print ortype name:
ORGANIZATION NAME: (if applicable)
�
�TITLE
�DATE
Washington State
Health Care Authority Attachment
Attachment 3
Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form
This Contract is supported by federal funds that require compliance with the Federal Funding Accountability and
Transparency Act (FFATA or the Transparency Act). The purpose of the Transparency Act is to make
information available online so the public can see how federal funds are spent.
To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal
Numbering System (DUNS®) number. A DUNS® number provides a method to verify data about your
organization. If you do not already have one, you may receive a DUNS® number free of charge by contacting
Dun and Bradstreet at www.dnb.com.
Required Information about your organization and this contract will be made available on USASpending.gov by
the Washington State Health Care Authority (HCA) as required by P.L. 109-282. As a tool to provide the
information, HCA encourages registration with the Central Contractor Registry (CCR) because less data entry
and re-entry is required by both HCA and your organization. You may register with CCR on-line at
https://www.uscontractorreqistration.com/.
Contractor must complete this form and return it to the Health Care Authority (HCA).
CONTRACTOR
1. Legal Name
City of Yakima
3. Principle Place of Performance
129 North 2nd Street
3a. City
Yakima
3c. Zip+4
98901-2613
2. DUNS Number
0782126510000
3b. State
WA
3d. Country
USA
4. Are you registered in CCR (https./! uscntrcttarreistraticn,cprn/)? OYES (skip to page 2. Sign, date
and return) ONO
5. In the preceding fiscal year did your organization:
a. Receive 80% or more of annual gross revenue from federal contracts, subcontracts, grants, loans,
subgrants, and/or cooperative agreements; and
b. $25,000,000 or more in annual gross revenues from federal contracts, subcontracts, grants, loans,
subgrants, and/or cooperative agreements' and
c. The public does not have access to information about the compensation of the executives through
periodic reports filled with the IRS or the Security and Exchange Commission per 2 CFR Part 170.330
❑ NO (skip the remainder of this section - Sign, date and return)
❑ YES (You must report the names and total compensation of the top 5 highly compensated officials of your
organization).
Name Of Official
1.
2.
3,
4.
11
Total Compensation
Washington State
Health Care Authority
Page 44 of 52
K3791
Attachment 2
Note: "Total compensation" means the cash and noncash dollar value earned by the executive during the sub -
recipient's past fiscal year of the following (for more information see 17 CFR 229.402 (c)(2)).
By signing this document, the Contractor Authorized Representative attests to the information.
Signature of Contractor Authorized Representative
Date
HCA will not endorse the Contractor's subaward until this form is completed and returned.
FOR HEALTH CARE AUTHORITY USE ONLY
HCA Contract Number: K3791
Sub -award Project Description (see instructions and examples below)
Instructions for Sub -award Project Description:
In the first line of the description provide a title for the sub -award that captures the main purpose of the
subrecipients work. Then, indicate the name of the subrecipient and provide a brief description that captures
the overall purpose of the sub -award, how the funds will be used, and what will be accomplished.
Example of a Sub -award Project Description:
Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical assistance to
chemical dependency centers to assist the centers to integrate tobacco use into their existing addiction
treatment programs. Funds will also be used to assist centers in creating tobacco free treatment environments.
Washington State
Health Care Authority
Page 45 of 52 K3791
Attachment 2
Schedule A
Statement of ' ork
Purpose.
The Contractor shall implement the Washington State Healthy Transitions Project (HTP),
funded by the SAMHSA Healthy Transitions: Improving Life Trajectories for Youth and Young
Adults with Serious Mental Disorders Program (FOA #SM-19-001).
2. DUNS Number.
The Contractor's DUNS Number is: 0782126510000. The Zip Code +4 is: 98901-2613.
3. Performance Statement of Work.
The Contractor, through a subcontract with Comprehensive Healthcare, shall provide the
services and staff, and otherwise do all things necessary for or incidental to the performance
of work, as set forth below:
a) Contractor must provide low -barrier access to HTP services for transition -age youth ages
16-25 experiencing SED/SMI; and
b) The Services are to include:
a) Behavioral Health Services;
b) Physical Health Services;
c) Independent Living Skills; and
d) Community -Based Recovery Support
4. Marketing and Outreach.
Adhering to the Promotora de Salud (Health Promotor Model) the contractor will conduct
outreach and partner with local groups that are culturally diverse, including (but not limited to)
businesses, family/youth-run organizations, and faith -based organizations to identify and
engage youth and young adults experiencing SED/SMI to in an effort to increase the number
of TAY that receive appropriate services. The Contractor will develop a community presence,
Washington State
Page 46 of 52 K3791
Health Care Authority Attachment 2
build relationships in non-traditional settings, facilitate increased screening and detection of
GED/SyW|.and serve aambridge to behavioral health services and other community -based
recovery support services.
5. Independent Living Skills Development.
The Contractor will increase the number ofTAYindividuals experiencingSED/8K8|that are
engaged in meaningful employment, education, civic and community engagement activities,
and fulfilling relationships. The Contractor will offer/coordinate life skill building activities such
amfinancial |itenaov/p|anninQ.basic home maintenance, jobreadiness, etc.
6. PeenSupport/Navigation.
The Contractor will ensure that TAY engaged |nthe Healthy Transitions Project hmve access
to peer support/navigators with the specific intention to: assist an individual or family in
identifying and accessing services and activities that promote recovery, assist individual and
families indeveloping their own goals, model skills inrecovery and eelf-nnmnagennant.and
serve aaonadvocate.
7. Supported Employment/Supported Housing.
The Contractor shall contract with Comprehensive Healthcare (an 1115Medicaid
Transformation third party administrator) that is a comprehensive, dually licensed behavioral
health agency with the specific intention of leveraging supported housing and supported
employment services for transition -age youth. Supported employment services will be
implemented tofidelity based onthe Supported Employment |PS-25 tool. |tiaalso anticipated
that consumers served by this project may be eligible for some services through the
Washington State Division ofVocational Rehabilitation.
0. Recovery Support Services (RSS)'
The Contractor shall provide orpurchase Recovery Support Services onanas-needed basis
and shall be based on the following:
Washington State
Health Care Authority Attachment
1. Recovery Support Services shall not bapurchased using funds allocated tothis
Contract ifthey can otherwise bepurchased using State orMedicaid funds.
2. Recovery Support Services funds shall not bmutilized for rent/mortgage payments.
3. Recovery Support Services shall be identified on, and linked to the individual's
Recovery Plan.
4. Documentation oYRecovery Support Service purchases shall bmkept inthe individua|'a
client record and include purchase receipts.
5. All Recovery Support Services purchases shall be tracked using the Recovery Support
Services Purchase Log.
9. CCollaboration.
The Contractor shall coordinate with local to build m resource network
and improve existing youth services.
The Contractor shall convene with the area's Regional Service Area FYSPRT, local
chi|d/xouth-amnvin8agencies, health and social service napreme from county
government, local school districts, families, and youth to participate in 13-month Learning
Laboratory. The purpose oYthe Learning Laboratory shall be:
m. To identify community strengths and areas of improvement
b. To develop a Youth/FAY Recovery Oriented System of Care (ROSC)
C. The Learning Laboratory shall consist ofaminimum of4quarterly
sessions hosted through vvmbinmno.teleconferences orin-penaon.
d. The Contractor shall facilitate linkage with local cross -system partners,
but will not be required to orgmniom, host or plan the quarterly mmeo|one.
e. Specific work goals for the Learning Laboratory shall bedefined during
individual sessions.
10. Advisory Council.
The Contractor shall continue on -going collaboration with the Regional Service Area FYSPRT
for the duration ofthis Contract tmobtain feedback about the project goals, process, outcomes
and ways to improve project activities.
Washington State
Health Care Authority Attachment
11. Required Training and Workshops.
The Contractor shall ensure that all project staff complete SAMHSA-sponsored GPRA training
by May 1, 2019 and notify DBHR via email when training is complete.
The Contractor shall ensure that a minimum of two project staff participate in yearly technical
assistance workshops.
The Contractor shall ensure that project staff participate in other trainings as required for the
duration of this project.
12. Performance Goals.
a) Engagement: The Contractor shall achieve the following (unduplicated) client engagement
goals in year one of the project:
i. The contractor shall accept new clients in to the program and begin implementing HTP
services required in this contract no later than May 1, 2019.
ii. The contractor shall ensure that a minimum of 75 TAY outreach and engagement
contacts are made.
iii. The contractor shall ensure that a minimum of 40 TAY are engaged in community -
based interventions.
iv. The contractor shall ensure that a minimum of 40 TAY have accessed behavioral
health treatment as a result of their participation in the HTP.
b) NOMS Interviews: The Contractor shall achieve the following GPRA/NOMS interview
goals:
Baseline Assessment NOMS Interviews: 100% of HTP participants shall
receive initial NOMS interviews at the time of enrollment in to HTP services.
Baseline assessments shall be completed within 7 calendar days of the
consumer entering treatment.
Washington State
Page 49 of 52 K3791
Health Care Authority Attachment 2
it Follow-up/Reassessment NOMS Interviews: A minimum of 80% of HTP
participants shall receive follow-up NOMS interviews every 6-months. The
timeframe for completing follow-up interviews is 30 calendar days before and
30 calendar days after the 6-month anniversary of the baseline assessment
interview and every 6-months thereafter if still enrolled in HTP services.
ii. Clinical Discharge Interviews: 100% of HTP participants shall receive
final/discharge interviews on the day of discharge from the program.
v. All data shall be entered in to SPARS within 30 days of completing the
interview.
c) Failure of follow-up: If the Contractor's on -time rate for follow-up NOMS interviews falls
below 80% for three consecutive months, HCA shall take the following action against
Contractor:
HCA shall impose a 10% reduction in the payment to Contractor for services;
ii. HCA shall impose a 10% reduction in payment to Contractor and this reduction
shall remain in effect for each successive month until the on -time rate for GPRA
interviews reaches the minimum requirement of 80%;
iii. The 10% reduction shall be removed in the month following a return to the on -
time 80% rate.
The SAMHSA Performance Accountability and Reporting System (SPARS) website shall be
the data source used to confirm the Contractor's compliance rate for initial, follow-up, and final
GPRA/NOMS interviews.
13. Reporting Requirement.
a) Client Master List. The contractor shall submit an updated Client Master List showing all
current and previous program participants no later than the 15th day after the close of each
calendar month.
b) Recovery Support Services Purchase Log. The contractor shall submit an updated and
itemized Recovery Support Services Purchase Log showing all current and previous
recovery support services purchases no later than the 15th day after the close of each
calendar month.
c) Program Activities Report. The contractor shall submit a monthly activities report no later
than the 15th day after the close of each calendar month.
Washington State
Page 50 of 52 K3791
Health Care Authority Attachment 2
14. Consideration.
a) Total consideration payable to the Contractor for satisfactory completion ofthe work under
this Statement ofWork shall not exceed $299.g88.0O.including any and all expenses, and
shall bebased mnthe following:
1. Personnel
a. /\ maximum mf$77.388shall bmbilled for TVuthyyoungAdult
Coord|notor/Prommtor
2. Direct Sen/|na
m. Amaximum of$1OO.ODOshall babilled for Mental Health Services
b. Amaximum of$3O.00Oshall bebilled for Health Services
c. Amaximum oY$5O.00Dshall bmbilled for Independent Living Skills and
Community -Based Recovery Supports
d. Amaximum oY$1O.00Oshall bebilled for Travel (including 1 FTEtograntee
meeting)
e. A maximum of $2,600 shall be billed for Supplies (phone, laptop, general office
supplies)
3. Indirect
a. A maximum of $30,000 shall be billed for Administrative Support (billed at 10%
mfmonthly expenditures)
b) These funds are for goods and services provided during the period ofMay 1.2O1Bthrough
September 28.3O18.
1. Carryover of unspent funds beyond September 29, 2019 requires prior written
approval from HCAand shall only be paid under msigned Amendment tothis SOW
as required under Section 4 mfth Contract.
2. Any approved carryover funds shall bespent bySeptember 2S.2020.
o\ Additional funds that may be needed for goods and services provided after September 29,
2O18shall beadded through written amendment agreed upon byboth parties.
d) The source offunds iathe Substance Abuse and Mental Health Services Administration
(S/\K8HS/A.Center for Mental Health Services /CK8HS\the Health Transitions Project,
Grant#7H788yNO82187-01. The CFDA#ia83.243.
Washington State
Health Care Authority xuuoomoo 2
e) For the purpose of this Contract, HCAshall bethe payer oflast resort for all services
rendered by the Contractor. The Contractor ahsd| first bill K8adioaid. K8ed|nare, and third
party insurance for services provided.
� The Contractor must comply with all requirements ofthe Federal Funding Accountability
and Transparency Act (FFATA Public Law 109-282) implemented on October 1, 2010 for
contracts over $25.00D.
1. The Contractor must provide their Data Universal Number System number (DUNS
number) for this agreement and be registered with Central Contractor Registration
(CCR).
2. If the DUNS number changes, the Contractor must immediately notify the HCA
contact listed on Page 1 of this agreement and provide the correct DUNS number.
Washington State
Health Care Authority Attachment
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.J.
For Meeting of: August 20, 2019
ITEM TITLE: Resolution authorizing an agreement with Health Care Authority for
the Washington State Healthy Transitions Project
SUBMITTED BY: Cliff Moore, City Manager
SUMMARY EXPLANATION:
The City of Yakima was notified last fall that it was awarded a federal Substance Abuse and
Mental Health Administration (SAMHSA) grant in the amount of $299,988 per year for 5 years to
establish a program to help individuals suffering from mental health and other issues. The City
will work with Comprehensive Mental Health, ESD 105, Yakima School District, and other
agencies to develop a program and treatment plan for individuals. The contract is finally before
Council at this time because of delays at the federal level.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
AMNIA Brant resolution
ament
Upload Date
1212019
12J2019
Type
emo
emo