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HomeMy WebLinkAboutPS Contract ABCD DentalWashington State Health Care . PROFESSIONAL SERVICES CONTRACT for ABCD DENTAL SERVICES Kittitas County HCA Contract Number: K2747 Contractor/Vendor Contract Number: THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and the (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBAl Kittitas County Public Health Network CONTRACTOR ADDRESS [ Street City State Zip Code 507 NORTH NANUM STREET, SUITE 201, ELLENSBURG, WA 98926 CONTRACTOR CONTACT I CONTRACTOR TELEPHONE I CONTRACTOR E-MAIL ADDRESS Kasey Knutson 509-962-7029 kasey.knutson@co.kittitas.wa.us Is Contractor a Subrecioient under this Contract? I CFDA NUMBER(S): I FFATA Form Required •YES ~NO 93.778 ~YES •NO HCA PROGRAM HCA DIVISION/SECTION ABCD Dental Program Clinical Quality and Care Transformation (CQCT) HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Janice Tadeo, Dental Program Manager Health Care Authority 626 8th Avenue SE Health Services and Management PO Box 42702 Clinical Quality and Care Transformation (CQCT) Olympia, WA 98504 Health Care Services HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS (360) 725-1583 Janice. Tadeot@hca .wa .gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2018 June 30, 2020 $19,000.00 PURPOSE OF CONTRACT: Provide 'Access to Baby and Child Dentistry' (ABCD) services to detect and prevent early childhood dental decay by engaging dentists in seeing birth to six (6) year old Medicaid eligible children and engaging local public health departments in outreach and case management. 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. Washington State Health Care Authority PRINTED NAME AND TITLE Robin Read Administrator PRINTED NAME AND TITLE James W. Gayton Contracts Administrator Page 1 of 53 DATE SIGNED {e(:?7{ OA,TE Sl f NED , 2~\1.t,> Contract# 2747 TABLE OF CONTENTS Recitals ............................................................................................................................................... 4 1. STATEMENT OF WORK (SOW) ................................................................................................. 4 2. DEFINITIONS .............................................................................................................................. 4 3. SPECIAL TERMS AND CONDITIONS .................... ,. .......................................................................... 6 3.1 PERFORMANCE EXPECTATIONS ...................................................................................... ? 3.2 TERM .................................................................................................................................... 8 3.3 COMPENSATION .................................................................................................................. 8 3.4 INVOICE AND PAYMENT ..................................................................................................... 9 3.5 CONTRACTOR and HCA CONTRACT MANAGERS .......................................................... 10 3.6 KEY STAFF .............................................................................................. -........................... 11 3. 7 LEGAL NOTICES ................................................................................................................ 11 3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE ........................... 12 3.9 INSURANCE ........................................................................................................................ 12 4. GENERAL TERMS AND CONDITIONS ..................................................................................... 13 4.1 ACCESS TO DATA .............................................................................................................. 13 4.2 ADVANCE PAYMENT PROHIBITED .................................................................................. 14 4.3 AMENDMENTS .................................................................................................................... 14 4.4 ASSIGNMENT .................................................................................................................... 14 4.5 ATTORNEYS' FEES .............................................................................................. _ ......... u •• 14 4.6 CHANGE IN STATUS ......................................................................................................... 14 4.7 CONFIDENTIAL INFORMATION PROTECTION ................................................................ 14 4.8 CONFIDENTIAL INFORMATION SECURITY ..................................................................... 15 4.9 CONFIDENTIAL INFORMATION BREACH -REQUIRED NOTIFICATION ........................ 15 4.10 CONTRACTOR'S PROPRIETARY INFORMATION ............................................. ,. .............. 16 4.11 COVENANT AGAINST CONTINGENT FEES ..................................................................... 16 4.12 DEBARMENT ................................................................................................... , ................. 17 4.13 DISPUTES .......................................................................................................................... 17 4.14 ENTIRE AGREEMENT ....................................................................................................... 18 4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA) .................... 18 4.16 FORCE MAJ EURE ............................................................................................................. 18 4.17 FUNDING WITHDRAWN, REDUCED OR LIMITED .......................................... ,, ................ 18 4.18 GOVERNING LAW ............................................................................................................. 19 4.19 HCA NETWORK SECURITY .............................................................................................. 19 4.20 INDEMNIFICATION ......................................................................................................... -.... 19 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR ........................................................ 20 Washington State Health Care Authority Page 2 of 53 Contract# 2747 4.22 INDUSTRIAL INSURANCE COVERAGE ..............................•..................................• ., ......... 20 4.23 LEGAL AND REGULATORY COMPLIANCE ...................................................................... 20 4.24 LIMITATION OF AUTHORITY ............................................................................................. 20 4.25 NO THIRD-PARTY BENEFICIARIES .................................................................................. 20 4.26 NONDISCRIMINATION ....................................................................................................... 21 4.27 OVERPAYMENTS TO CONTRACTOR ......................... -............................................... -.... -.. 21 4.28 PAY Equity .......................................................................................................................... 21 4.29 PUBLICITY ......................................................................................................................... 22 4.30 RECORDS AND DOCUMENTS REVIEW ............................................................ ; .............. 22 4.31 REMEDIES NON-EXCLUSIVE ........................................................................................... 22 4.32 RIGHT OF INSPECTION .................................................................................................... 23 4.33 RIGHTS IN DATA/OWNERSHIP .......................................................................................... 23 4.34 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ...................................................... 24 4.35 SEVERABILITY ............................................................... , ................................ .-................. 24 4.36 SITE SECURITY ................................................................................................................. 24 4.37 SUBCONTRACTING ....................................................... , ................................. , ................. 24 4.38 SUBRECIPIENT .................................................................. _ ............. _ .... _ ............................... 25 4.39 SURVIVAL ...................................................................................•....................................... 26 4.40 TAXES ................................................................................................................................ 27 4.41 TERMINATION ................................................................................................................... 27 4.42 TERMINATION PROCEDURES ......................................................................................... 28 4.43 WAIVER .............................................................................................................................. 29 4.44 WARRANTIES .................................................................................................................... 29 Attachments Attachment 1: Federal Compliance, Certifications and Assurances Attachment 2 : Federal Funding Accountability and Transparency Act (FFATA} Data Collection Form Schedules Schedule A: Statement of Work (SOW) ABCD Dental Services Exhibit A: Exhibit B: Exhibit C: Washington State Health Care Authority Exhibits ABCD Quarterly Outreach and Case Management Report ABCD Quarterly Outreach and Coordination of Care Report ABCD Yearly Budget Tool Page 3 of 53 Contract# 2747 Contract K2747 for ABCD Dental Services Recitals The state of Washington, acting by and through the Health Care Authority (HCA), is entering into a contract that is exempt from procurement. HCA has determined that entering into a contract with Kittitas County Public Health Network in accordance with its authority under chapters 39.26 and 41 .05 RCW. HCA has determined that entering into a Contract with Kittitas County Public Health Network will meet HCA's needs and will be in the State's best interest. NOW THEREFORE, HCA awards to Kittitas County Public Health Network this Contract, the terms and conditions of which will govern Contractor's providing to HCA the services to detect and prevent early childhood dental decay by engaging dentists in seeing birth to six (6) year old Medicaid eligible children and engaging local public health departments or organizations in outreach and case management. IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW) The Contractor will provide the services and staff as described in Schedule A: Statement of Work. 2. DEFINITIONS "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. "Business Associate" means a Business Associate as defined in 45 CFR 160.103, who performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity, that involves the use or disclosure of protected health information (PHI). Any reference to Business Associate in this 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. "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. Washington State Health Care Authority Paae 4 of 53 Contract# 2747 "CFR" means the Code of Federal Regulations. All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://.www.ecfr.gov/cgi-bin/ECFR?page=browse. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. "Contract" means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. "Contractor" means its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. "Covered entity" means a health plan, a health care clearinghouse or a health care provider who transmits any health information in electronic form to carry out financial or administrative activities related to health care, as defined in 45 CFR 160.103. "Data" means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. "Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. "HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. "Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. "Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. Washington State Health Care Authority Page 5 of 53 Contract# 2747 "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: http://apps.leq .wa.gov/rcw/. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is Schedule A hereto. "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" means a contractor operating a federal or state assistance program receiving federal funds and having the authority to determine both the services rendered and disposition of program. See 0MB Super Circular 2 CFR 200.501 and 45 CFR 75.501, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards for additional detail. "USC" means the United States Code. All references in this Contract to USC chapters or sections shall include any successor, amended, or replacement statute. The USC may be accessed at http://uscod.e.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: http:1/app.leq.wa.gov/wac/. 3. SPECIAL TERMS AND CONDITIONS a) "ABCD" means Access to Baby and Child Dentistry, a program designed to detect and prevent early childhood dental decay by engaging dentists in seeing birth to six (6) year old Medicaid eligible children and engaging local public health departments in outreach and case management. b) "ABCD Coordinators Group" means the Contractors. c) "ABCD Dental Champion" means a participating dentist(s) who has/have been identified by the University of Washington in each local program to deliver the University of Washington designed training to newly recruited dentists and assist Washington State Health Care Authority Page 6 of 53 Contract# 2747 the local ABCD coordinator and the local dental society in recruiting dentists to participate. d) "Case Management" means identifying barriers to early oral health care for Medicaid eligible children and assisting families in addressing those barriers; preparing families for their child's first visit to the dentists by providing a family orientation and assisting them in making that first appointment; and following-up to insure that appointments were made and kept, and that the families understand the need for future visits and home care. e) "Client" means Medicaid eligible Clients ages birth through six (6) years of age. f) "CMS" means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. g) "Confidential Information" means information that is exempt from disclosure to the public or other unauthorized persons under Chapter 42.56 RCW or other federal or state laws. Confidential information includes, but is not limited to, Personal Information. h) "Family Orientation" means educating the family of Medicaid children on the need for early, preventive dental care, and dental office etiquette, including the need to make and keep dental appointments. i) "Health Care Authority or "HCA" means the agency designated by the Washington Legislature as the Single State Agency that oversees Washington State's medical assistance programs, including Medicaid, and its employees and authorized agents. j) "Health Coalition" means a group of health care providers and community organizations that meet to collaborate for a common cause. k) "Local Programs" means the constellation of local partners who deliver this program in a county or group of counties. I) "Outreach" means identifying families with Medicaid eligible children and linking them with dental care through a variety of methods, including but not limited to partnerships with other organizations who work with low-income families, earned media, and referral services. m) "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. n) "Steering Committee" means a smaller subset of the bigger Health Coalition tasked with working on specific causes that identified by the Health Coalition. 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following : Washington State Health Care Authority Page 7 of 53 Contract# 2747 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 . Prior to payment of invoices, HCA will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold payment if expectations are not met or Contractor's performance is unsatisfactory. 3.2 TERM 3.2.1 The initial term of the Contract will commence on July 1, 2018, or date of last signature, whichever is later, and continue through June 30, 2020, unless terminated sooner as provided herein . 3.2.2 This Contract may be extended through June 30, 2028 in whatever time increments HCA deems appropriate. 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 $19,000.00, and includes any allowable expenses. Source(s} of Funds. The above maximum amount payable under this Contract, for the service to be provided is based on the amounts(s) of funding from the following sources: Washington State Health Care Authority Page 8 of 53 Contract# 2747 a) 50% is allotted under this Contract from federal funds received by HCA under the United States Department of Health & Human Services Medical Assistance Program, Title XIX of the Social Security Act, Catalog of Federal Domestic Assistance #93. 778 ; and b) 50% is allotted under this Contract from GF-S (General Fund-State) funds. If indicated on page one (1) of this Agreement the Contractor is a sub-recipient for purposes of this Contract, and as such, shall comply with the terms and conditions listed in Section 4.37, Sub-recipients. Funding Stipulations. a) The Contractor shall cooperate in supplying any information to HCA that may be needed to verify accuracy of reimbursable billings. b) The Contractor shall not use funds payable under this Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of an state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. c) The Contractor shall not pay Consultants and/or Billing Agents, or Subcontractors on either a contingent, or percentage basis, for work performed as a result of this Contract. 3.3.2 Contractor's compensation for services rendered will be based on the rates in accordance with the Exhibits. 3.3.3 Federal funds disbursed through this Contract were received by HCA through 0MB Catalogue of Federal Domestic Assistance (CFDA) Number: 93. 788, Contractor agrees to comply with applicable rules and regulations associated with these federal funds and has signed Attachment 1: 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: Acctspay@hca.wa .gov. Include the HCA Contract number in the subject line of the email. 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. All invoices will be reviewed and must be approved by the Contract Manager or his/her designee prior to payment. Washington State Health Care Authority Page 9 of 53 Contract# 2747 3.4.3 Contractor must submit properly itemized invoices to include the following information, as applicable: 3.4.3.1 HCA Contract number K2747; 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 http:Ndes .wa .gov/services/ContractingPurchasingJBusinessNendorPay/Pages/defa ult.aspx. Payment will be considered timely if made by HCA within thirty (30) calendar days of receipt of properly completed invoices. Payment will be directly deposited in the bank account or sent to the address Contractor designated in its registration . 3.4.6 Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty (60) calendar days after the Contract expiration date. HCA is under no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the Contract expiration date ("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS 3.5.1 Contractor's Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. 3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding contract performance and deliverables. The HCA Contract Manager has the authority to accept or reject the services provided and must approve Contractor's invoices prior to payment. Washington State Health Care Authority Page 10 of 53 Contract# 2747 3.5.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. CONTRACTOR Health Care Authority Contract Manager Information Contract Manager Information Name : Kasey Knutson Name; Janice Tadeo Title: Title: Dental Program Manager Address: 507 North Nanum Street, Suite Address: P.O. Box 45506 201, Ellensburg, WA 98926 Olympia, WA 98504-5506 Phone : 509-962-7029 Phone : 360/725-1583 Email : kasey.knutson@co.kittitas.wa.u Email : janice.tadeo@hca.wa.gov s 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. 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 either delivered in person, 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: Kittitas County Public Health Network 507 North Nanum Street, Suite 201, Ellensburg, WA 98926 Washington State Health Care Authority Page 11 of 53 Contract# 2747 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: Federal Compliance, Certifications and Assurances; 3.8.6 Attachment 2: Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form 3.8. 7 Schedule A: Statement of Work; 3.8.8 Exhibits A: ABCD Quarterly Outreach and Case Management Report, Exhibit B: ABCD Quarterly Outreach and Coordination of Care Report and Exhibit C: ABCD Yearly Budget Tool; 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 Washington State Health Care Authority Page 12 of 53 Contract# 2747 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, owned, either 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/$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. Upon request, Contractor must submit to HCA a certificate of insurance that outlines the coverage and limits defined in the Insurance section. If a certificate of insurance is requested, Contractor must submit renewal certificates as appropriate during the term of the contract. 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. Washington State Health Care Authority Page 13 of 53 Contract# 2747 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, 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 Washington State Health Care Authority Page 14 of 53 Contract# 2747 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. 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 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 this Contract and appropriate portions of the Washington OCIO Security Standard, 141.1 O (https://ocio. wa .gov/pollcies/141 -securing- informatlon-technology-assets/14110-securinq-iriformation-technology-assets). 4.9 CONFIDENTIAL INFORMATION BREACH -REQUIRED NOTIFICATION 4.9.1 Contractor must notify the HCA Privacy Officer (HCAPrlvacyOfficer@hca .wa .gov) within five Business days of discovery of any Breach or suspected Breach of Confidential Information. 4.9.2 Contractor will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. Contractor agrees to indemnify and hold HCA harmless for any damages related to unauthorized use or disclosure of Confidential Information by Contractor, its officers, directors, and employees, Subcontractors or agents. Washington State Health Care Authority Page 15 of 53 Contract# 2747 4.9.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be made under the HIPM Breach Notification Rule, or RCW 42.56.590 or RCW 19.254.010, 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 4.9.3.3 Reasonably considers appropriate to protect HCA Clients (such as paying for regular credit watches in some cases). 4.9.3.4 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 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 Washington State Health Care Authority Page 16 of 53 Contract# 2747 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. 4.13 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between HCA and the Contractor, regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties' Contract Managers, either party may initiate the following dispute resolution process. 4 .13.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business days (email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the HCA Director review the dispute. Any such request from the initiating party must be submitted in writing to the HCA Director within five (5) Business days after receiving the response of the responding party. The HCA Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The HCA Director will inform the parties in writing within five (5) Business days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.13.2 A party's request for a dispute resolution must: 4.13.2.1 Be in writing; 4.13.2.2 Include a written description of the dispute; 4 .13.2.3 State the relative positions of the parties and the remedy sought; 4.13.2.4 State the Contract Number and the names and contact information for the parties; 4.13.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. Washington State Health Ca re Aulhority Page 17 of 53 Contract# 2747 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. 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.uscontractorregistration .com by HCA as required by P.L. 109-282. HCA's Attachment 1: 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 Washington State Health Care Authority Page 18 of 53 Contract# 2747 determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this Contract. 4.17.3.1 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 Washington State Health Care Authority Page 19 of 53 Contract# 2747 Breach-Required Notification, arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. 4.21 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 I 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. Washington State Health Care Authority Page 20 of 53 Contract# 2747 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 VI I 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 In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor shall 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, § 147), 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. Washington State Health Care Authority Page 21 of 53 Contract# 2747 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. Washington State Health Care Authority Page 22 of 53 Contract# 2747 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 shall 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. Washington State Health Care Authority Page 23 of 53 Contract# 2747 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. Washington State Health Care Authority Page 24 of 53 Contract# 2747 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: Washington State Health Care Authority 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 0MB 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 0MB 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 0MB Super Circular 2 CFR 200.501 and 45 CFR 75.501and any future amendments Page 25 of 53 Contract# 2747 to 0MB Super 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 11 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 http://ojp.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 shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: 4.38.2.1 Submit to the Authority contact person the data collection form and reporting package specified in 0MB 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 0MB Super Circular 2 CFR 200.501 and 45 CFR 75.501, prepare a "Summary Schedule of Prior Audit Findings." 4.38.3 Overpayments 4.39 SURVIVAL 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 shall refund the full amount to HCA as provided in Section 4.27 Overpayments to Contractors. 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. Washington State Health Care Authority Page 26 of 53 Contract# 2747 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. 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. Washington State Health Care Authority Page 27 of 53 Contract# 2747 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 non-allocation 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 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. Washington State Health Care Authority Page 28 of 53 Contract# 2747 4.42.3 After receipt of notice of termination, and except as otherwise directed by HCA, Contractor must: 4.41.3.1 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- perform any services that are not in compliance with this representation and warranty at no cost to HCA. 4.44.2 Contractor represents and warrants that it shall comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. Washington State Health Care Authority Page 29 of 53 Contract# 2747 4.44.3 Any 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 section, a 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 to influence HCA to enter into this Contract. Approved as to Form: This contract format was approved by the Office of the Attorney General. Approval on file. Washington State Health Care Authority Page 30 of 53 Contract# 2747 ATTACHMENT 1 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. I. 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 the Health Care Authority. a. Source of Funds: This agreement is being funded partially or in full through Cooperative Agreement number, the full and complete terms and provisions of which are hereby incorporated into this agreement can be found by reference. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance (CFDA) number 93.778. The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract No.K2747 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, 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 (0MB) 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 0MB 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 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. Washington State Health Care Authority Page 31 of 53 Contract# 2747 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. h. 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 citizensh ip/qualified al ien determination/ verification of applicants at the time of application as part of the eligibility criteria. Non-US cit izens and unqualified aliens are not eligible to receive the services. PL 104-193 also includes specific reporting requirements. i. 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/civil riqhls 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 I. CIRCULARS 'COMPLIANCE MATRIX' -The following compliance matrix identifies the 0MB 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, x. The federal Circulars which provide the applicable administrative requirements, cost principles and audit requirements are identified by sub-awardee organization type. II. OM B CIRCULAR ENTITY TYPE ADMINISTRATIVE I COST I AUDIT REQUIREMENTS REQUIREMENTS PRINCIPLES State. Local and Indian Tribal 0MB Super Circular 2 CFR 200.501 and 45 CFR 75 .501 Governments and Governmental Hosoitals Non-Profit Organizations and Non-Profit Hospitals Colleges or Universities and Affiliated Hosoitals For-Profit Oraan izations Definitions: "Sub -recipient"; means the legal entity to which a sub -award is made and which is accountable to the State tor 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, tor-profit corporations or non-U .S. Based entities. Washington State Health Care Authority Page 32 of 53 Contract# 2747 "Sub-award and Sub-granf' 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; 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- Washington State Health Care Authority Page 33 of 53 Contract# 2747 (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 Washington State Health Care Authority Page 34 of 53 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) cert ifies, 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 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 Contract# 2747 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 ENVIRONMENT AL 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. Washington State Health Care Authority Page 35 of 53 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. 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 Contract# 2747 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 transact ion with a person who is debarred, suspended , declared ineligible, or voluntarily excluded from participation in this covered transact ion , 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 Washington State Health Care Authority Page 36 of 53 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 bel ief, 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; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental 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 or local) terminated for cause or default. 2) Where the prospective contractor is unable to certify to any of the statements in this certification , such prospective contractor shall attach an explanation to this proposal. Contract# 2747 CONTRACTOR SIGNATURE REQUIRED SI GNAT URE OF AUTHORIZED C F . NG OFFICIAL ORGANIZATION NAME: (If applicable) Kittitas County Health Washington State Health Care Authority TITLE Administrator Robin Read DATE June 9, 2018 Page37of53 Contract# 2747 Attachment 2 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 111 s:l/www.u onu-ac torr ls tralio1 1.corn/. Contractor must complete this form and return it to the Health Care Authority (HCA). CONTRACTOR 1. Legal Name 2. DUN S Number Kittitas Count y Health J:?e p artment tJ /~ O 2-0 · 25Gf '"i- 3. Principle Place of Performance 3a. City 3b. State Ellensburq WA 3c. Zip+4 3d. Country 98926 Kittitas 4. Are you ~lslered in CCR (htlos:l/www .uscon trac torreoislratlon.com l )? LJYES (skip to page 2. Sign, date and return) NO 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 "g NO (skip the remainder of this section -Sign, date and return) D YES (You must report the names and total compensation of the top 5 highly compensated officials of your organization). Name Of Official Total Compensation 1. 2. 3. 4. 5. Note: "Total compensation" means the cash and noncash dollar value earned by the executive during the sub-recipient's past fiscal vear of the followina (for more information see 17 CFR 229.402 (c)(2)) . .Washington State Health Care Authority Page38 of 53 Contract# 2747 Schedule A: Statement of Work (SOW) The Contractor 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. In accordance with deadlines in Exhibit A, ABCD Quarterly Outreach and Case Management Report, develop and implement an ABCD action plan in accordance with the ABCD program principles and submit corresponding budget, using Exhibit C, ABCD Yearly Budget Tool. The ABCD program principles are outlined below. 1. Provide outreach and recruitment of Apple Health/Medicaid-eligible Clients, ages birth to six (6), in collaboration with other organizations, including, but not limited to: a) Contact no less than ten (10%} of Client list provided by HCA to the Contractor; i. HCA shall provide the Contractor's contact name identified on page 1, a list that shall include the following data elements: Client ID, Name, Address, and Telephone Number of Clients who have not gone to the dentist, as well the Client's caregiver name and preferred spoken language. HCA shall securely transmit Client information and the Contractor shall be responsible for notifying the Dental Program Manager within five (5) business days prior to the beginning of the quarter if they have not received this information. b) Provide outreach by attending, visiting or working with the below, but not limited to the following: i. County Health Fairs; ii. SmileMobile locations (a mobile clinic serving dental needs to children by the Washington Dental Service Foundation); iii. Women, Infants, and Children WIC offices (a federal assistance program of the Food and Nutrition Services of the United States Department of Agriculture; iv. Head Start facilities (a federal program that promotes the school readiness of children under five from low-income families); v. Early Learning Regional Coalitions (that are a not-for-profit alliance of employers and community subsidized before and after school child care); and vi. Day Care facilities throughout the state of Washington. c) Provide care coordination, including: Washington State Health Care Authority i. Provide family orientation; including but not limited to, sharing information about the value of a child going to the dentist, what activities will occur in the dentist's office; Page 39 of 53 Contract# 2747 ii. Connect families with an ABCD certified dentist who accepts Apple Health/Medicaid, and providing information including, but not limited to, names and referrals to dentists, sharing information about interpreters and transportation benefits, and following up after an appointment, if appropriate; iii. Assisting in scheduling dental appointments for eligible children and council on the importance of keeping the appointment; and iv . Identify and address family barriers to accessing oral health care. 2. Convene Health Coalition/ABCD Steering Committee or participate in a Coalition or Steering Committee focused on health care, access or early learning with ABCD semi- annually. a) Invite the ABCD program manager with ARCORA Foundation and the Health Care Authority Dental program administrator. 3. Coordinate with the local ABCD Dental Champions to : a) Identify and recruit dental providers who will take Apple Health/Medicaid Clients through the ABCD Program; b) Maintain a list of active ABCD providers who accept Apple Health/Medicaid Clients birth to six (6) years and monitor provider availability to accept new Clients birth to six (6) years into their practice; c) Support current ABCD providers by communicating program changes and policy updates through in-person meetings and written communication; d) Provide or assist in providing new ABCD provider trainings to providers as needed; e) Assure certification process is completed; f) Provide Apple Health/Medicaid billing training assistance to ABCD offices/or providers or arrange for billing assistance; g) Update dental society ( or local dentists/study clubs in counties without a society) on the ABCD Program and encourage their continued recruitment of new Apple Health/Medicaid providers; and h) Support the Dental Champion(s) participation in meetings and activities necessary to effectively conduct Apple Health/Medicaid provider outreach, recruitment and training, including financial support of attendance in development day. 4. Identify and recruit primary care medical providers to participate in Apple Health/Medicaid, secure their training in preventive oral health techniques and build their role in referring Apple Health/Medicaid-eligible children to the ABCD Program. This may include oral health education, fluoride treatments, etc. Washington State Health Care Authority Page 40 of 53 Contract# 2747 5. Participate in all three (3) statewide ABCD Coordinators group meetings to remain current with ABCD policies, practices and opportunities. 6. Participate in statewide ABCD Champion Development Day meeting to remain current with any new clinical practices and opportunities. As well as meeting and networking with other champions to discuss roadblocks and program success stories. 7 . Identify an ABCD Coordinator within the contracting organization who will develop and maintain a desk manual that outlines the expected ABCD contractual deliverables and how the contractor meets each deliverable. The Coordinator will utilize this manual to fulfill the contractual requirements. If the Contractor's Coordinator leaves, the contractor is responsible to notify the Health Care Authority within two weeks, of the coordinators departure or as soon as possible and share the Contractor's developed work plan that outlines how the expected contract deliverables will be met. The Contractor will share with HCA the contact information of the newly hired or appointed Coordinator and coordinate with HCA to assure a smooth transition of the expected contracted work deliverables. 8. Each quarter complete and submit the following via email: 1) Community Outreach and Coordination Care summary which shall include; a) Exhibit A, ABCD Quarterly Outreach and Case Management Report for the specific quarter; and b) Exhibit B, ABCD Quarterly Outreach and Coordination of Care Report. 2) Each year complete and submit via email the Exhibit C, ABCD Yearly Budget Tool, as applicable to the requirements, contained in Exhibit A. 3) A fully completed invoice that correlates with dollar values for completed deliverables outlined in Exhibit A: a) Exhibit templates are available on the ABCD website http://abcd-dental.org/for- coordinators/: and b) Reports and billing must be submitted no later than one month after each quarter end date, unless otherwise mutually agreed by both parties. Washington State Health Care Authority Page 41 of 53 Contract# 2747 Exhibit A ABCD Quarterly Outreach & Case Management Report Year One 2018 -2019 • 1st Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506, Olympia, WA 98504-5506 Phone: (360) 725-1583 Email: Ja nice .T a d eo@ H C A .W A .G OV Organization: Kittitas County Public Health Network ABCD Contact Person: Kasey Knutson Phone: 509-962-7029 kasey. knutson(@co. kittitas. wa. us 1st Quarter Report Due: 10/31/18 7/1/18- 9/30/18 Performance Category Yes/No Allocate staff and review contract to plan and create the vear 1 action plan. Community and Provider Outreach Coordinate Care Convene Health Coalition/ABCD Steering committee or participate in a Coalition or Steering Committee Focused on Health Care , Access or Early Learning with ABCD as a Quarterly Agenda Item. Washington State Health Care Authority Page 42 of 53 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing deliverable additional detail) Include attached budget (Exhibit C) and copy of your $470 plan. $940 Complete Exhibit B $465 Complete Exhibit B Provide outcome information such as minutes, copies of information provided or list of items provided, examples of type of Organizations attended, what were outcomes or next steps for ABCD . *Send invitation and report back any concerns/issues to HCA Dental Program Administrator & ABCD $500 Administrator Contract# 2747 I Exhibit A ABCD Quarterly Outreach & Case Management Report Year One 2018 -2019 • 2nd Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506, Olympia, WA 98504-5506 Phone: (360) 725-1583 Email: Janice.Tadeo@HCA.WA.GOV Organization : Kittitas Countv Public Health Network ABCD Contact Person: Kasev Knutson Phone: 509-962-7029 kasev. knutson®co. kittitas. wa. us 2nd Quarter Report Due: 01/30/19 10/1/18- 12/31/18 Performance Cateaorv Yes/No Attend and participate in ABCD Coordinator/Program Meeting Community and Provider Outreach Coordinate Care Convene Health Coalition/ABCD Steering committee or participate in ·a Coalition or Steering Committee Focused on Health Care, Access or Early Learning with ABCD as a Quarterly Agenda Item. Washington Stale Health Care Authority Page 43 of 53 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing deliverable additional detail) $450 $500 Complete Exhibit B $960 Complete Exhibit B Provide outcome information such as minutes, copies of information provided or list of items provided, examples of type of Organizations attended, what were outcomes or next steps for ABCD. *Send invitation and report back any concerns/issues to HCA Dental Program Administrator & ABCD $465 Administrator Contract# 2747 Exhibit A ABCD Quarterly Outreach & Case Management Report Year One 2018 -2019 • 3rd Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506 , Olympia, WA 98504-5506 Phone: (360) 725-1583 Email : Janice.Tadeo@HCA.WA.GOV Organization : Kittitas County Public Health Network ABCD Contact Person: Kasey Knutson Phone : 509-962-7029 kasey.knutson@co .kittitas.wa.us 3rd Quarter Report Due: 04/30/19 1/1/19- 3/31/19 Performance Category Yes/No Attend and participate in ABCD Coordinator/Program Meeting Community and Provider Outreach Coordinate Care Convene Health Coalition/ABCD Steering committee or participate in a Coalition or Steering Committee Focused on Health Care, Access or Early Learning with ABCD as a Quarterly Agenda Item. Washington State Health Care Authority Page 44 of 53 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing deliverable additional detail) $500 $910 Complete Exhibit B $465 Complete Exhibit B Provide outcome information such as minutes, copies of information provided or list of items provided, examples of type of Organizations attended, what were outcomes or next steps for ABCD. *Send invitation and report back any concerns/issues to HCA Dental Program Administrator & ABCD $500 Administrator Contract# 2747 Exhibit A ABCD Quarterly Outreach & Case Management Report Year One 2018 -2019 • 4th Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506 , Olympia , WA 98504-5506 Phone: (360) 725-1583 Email: Janice.Tadeo@HCAWA.GOV Organization : Kittitas County Public Health Network ABCD Contact Person : Phone : Report Due: 07/31/2019 Performance Category Contact at least 10% of client list Attend and participate in ABCD Coordinator/Program Meeting Community and Provider Outreach Coordinate Care Washington State Health Care Authority Kasey Knutson 509-962-7029 kasey. knutsonc'@co . kittitas . wa. us 4th Quarter 4/1/19- 6/30/19 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing Yes/No deliverable additional detail) $450 Complete Exhibit B $500 $960 Complete Exhibit B $465 Complete Exhibit B Page 45 of 53 Contract# 2747 Exhibit A ABCD Quarterly Outreach & Case Management Report Year Two 2019 -2020 • 1st Quarter Report Please complete and submit report electronically to: Janice Tadeo , Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506 , Olympia , WA 98504-5506 Phone: (360) 725-1583 Email: Janice.Tadeo@ HCA.WA.GOV Organization : Kittitas County Public Health Network ABCD Contact Person: Kasey Knutson Phone : 509-962-7029 kasey. knutson<@co . kittitas . wa. us 1st Quarter Report Due: 10/31/19 7/1/19- 9/30/19 Performance Category Yes/No Allocate staff and review contract to plan and create the vear 2 action plan. Community and Provider Outreach Coordinate Care Convene Health Coalition/ABCD Steering committee or participate in a Coalition or Steering Committee Focused on Health Care, Access or Early Learning with ABCD as a Quarterly Agenda Item. Washington Stale Health Care Authority Page 46 of 53 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing deliverable additional detail) Include attached budget (Exhibit C) and copy of your $470 plan. $940 Complete Exhibit B $465 Complete Exhibit B Provide outcome information such as minutes , copies of information provided or list of items provided , examples of type of Organizations attended, what were outcomes or next steps for ABCD. *Send invitation and report back any concerns/issues to HCA Dental Program Administrator & ABCD $500 Administrator Contract # 27 4 7 Exhibit A ABCD Quarterly Outreach & Case Management Report Year Two 2019 -2020 • 2 nd Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506, Olympia, WA 98504-5506 Phone: (360) 725-1583 Email: Jan!ce.Tadeo@HCAWAGOV Oroanization : Kittitas County Public Health Network ABCD Contact Person : Phone: Report Due: 01/31/2020 Performance Category Contact at least 10% of client list Attend and participate in ABCD Coordinator/Program Meeting Community and Provider Outreach Coordinate Care Washington State Health Care Authority Kasey Knutson 509-962-7029 kasey.knutson@co.kittitas.wa.us 2nd Quarter 10/1/19- 12/31/19 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing Yes/No deliverable additional detail) $450 Complete Exhibit B $500 $960 Complete Exhibit B $465 Complete Exhibit B Page 47 of 53 Contract# 2747 Exhibit A ABCD Quarterly Outreach & Case Management Report Year Two 2019 -2020 • 3rd Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506, Olympia, WA 98504-5506 Phone: (360) 725-1583 Email: Janice.Tadeo@HCAWAGOV Oroanization : Kittitas County Public Health Network ABCD Contact Person : Kasey Knutson Phone: 509-962-7029 kasey.knutsoncafco.kittitas.wa.us 3rd Quarter Report Due: 04/30/20 1/1/20- 3/31/20 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title) -no more than 100 words (complete Exhibit for this A and attach supporting document if providing Performance Category Yes/No deliverable additional detail) Attend and participate in ABCD Coordinator/Prooram Meetino $500 Community and Provider Outreach $910 Comolete Exhibit B Coordinate Care $465 Complete Exhibit B Provide outcome information such as minutes, copies of Convene Health Coalition/ABCD Steering information provided or list of items provided, examples of committee or participate in a Coalition or type of Organizations attended, what were outcomes or Steering Committee Focused on Health Care, next steps for ABCD. Access or Early Learning with ABCD as a *Send invitation and report back any concerns/issues to Quarterly Agenda Item. HCA Dental Program Administrator & ABCD $500 Administrator Washington State Health Care Authority Page 48 of 53 Contract# 2747 Exhibit A ABCD Quarterly Outreach & Case Management Report Year Two 2019 -2020 • 4th Quarter Report Please complete and submit report electronically to: Janice Tadeo, Dental Program Administrator Division of Health Care Services, Washington State Health Care Authority PO Box 45506, Olympia, WA 98504-5506 Phone: (360) 725-1583 Email: Janice.Tadeo@HCA.WAGOV O rg anization : Kittitas Countv Public Health Network ABCD Contact Person : Phone: Report Due: 07/31/2020 Performance Category Contact at least 1 0% of client list Attend and participate in ABCD Coordinator/Program Meeting Community and Provider Outreach Coordinate Care Washington State Health Care Authority Kasey Knutson 509-962-7029 kasey.knutson@co.kittitas.wa.us 4th Quarter 4/1/20- 6/30/20 Brief description (for events, provide date Maximum held/attended/ for staff assignments, provide name $$ available and title} -no more than 100 words (complete Exhibit for this A and attach supporting document if providing Yes/No deliverable additional detail) $450 Complete Exhibit B $500 $960 Complete Exhibit B $465 Complete Exhibit B Page 49 of 53 Contract# 2747 Exhibit B ABCD Quarterly Outreach and Coordination of Care Report COORDINATE CARE Family Orientation How provided: in-person/phone/email/mail/etc. I Clients Contacted from List (10%) How provided: in-person/phone/email/mail/etc. Assisted Client w/lnitial Dental Appts. & Provided Follow-Up If applicable Referrals To Dental Home Barriers to Care Identified interpreter services/transportation/etc. Washington State Health Care Authority Page 50 of 53 How I How Many How Many How Many How Many How Many Contract# 2747 Location & Date COMMUNITY OUTREACH Type of Outreach/Place ~ I Date ·· "' How many reached ~ I Examples: County health fairs/coordination w/Smile Mobile/WIG offices/Headstart/Early Learning Centers/Day Cares . WORK WITH CHAMPION/RECRUIT PROVIDERS Activit}' New Providers Certified Provider Trainings Held Provider Recruitment Wai;hl,:191.0n State Health Care Authority How Many How Many How Many Page 51 of 53 ' Notes 11 Place and Date Place and Date ,1 11 Contract# 2747 " Exhibit C EXPENSES - ABCD Yearly Budget Tool 2018-2020 Yearly Expenses (estimated) Staffing/Salary & Benefits-add a column to identify % and hours per week for each year Program Coordinator (x hrs/week = .X FTE} Outreach Staff (x hrs/week= .X FTE) Program Manager (x hrs/week = .X FTE) Support Staff (clerical, IT, finance, communications/per staff, other x hrs/week= .X FTE ) Administration (x hrs/ week (.X FTE) Salary & Benefits Subtotal Operating Expenses Advertising/Marketing (print, broadcast ads; cable TV time , movie ads, weekly newspaper, billboards , social media) Office Equipment (Copier, Fax) Meeting Expenses (steering committee room , food, etc.) Postaae Printing (Outside Vendors) Professional Services Office Supplies Ooeratina Supplies Telephone ABCD Certification Training/dentists and staff (room, audiovisuals , food, thank you to participating families, promotion , etc .) Washington State Health Care Authority Page 52 of 53 Contract# 2747 Year One Year Two July 1, 2018 July 1, 2019 to To June 30, 2019 June 30._ 2020 Travel (Per Diem, Transportation, Mileage/airfare, accommodations as required) for 3x annual ABCD Coordinators meeting -2 Seattle, 1 Central WA; and for 1x annual Dental Cont. Champion(s) travel/expenses to Development Day, Seattle (Coordinator participation in this meetina ootio nal but recommended ), Computer Support/Tech Services RenUI nsu ranee/ Janitorial/Maintenance Utilities Operating Expenses Subtotal Indirect Costs TOTAL EXPENSES FUNDING SOURCES Other Funding (United Way, Grants, Community Development Block Grant, etc.) Agency Funds and/or In-Kind Current Health Care Authority Contract Washington State Health Care Authority TOTAL FUNDING Page 53 of 53 Contract# 2747 . i - Year One Year Two . In-Kind$ Explain Is Equipment being purchased? Who owns equipment? New Personnel being hired? Contact HR hiring -reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed? Yes D attach budget form No []I Why not-previously included in New Division Created? budgeting process Revenue Code Federal 116.612.24.1.333.93778 $9,500 State 116.612.24.1.334.06.901 $9,500 Pass Th rough Information Agency to Pass Through Amount to Pass Through $ Sub-Contract Approved Date : Prosecutor Review ! Has the Prosecutor reviewed this agreement? I Yes • No D County Departments Impacted Auditor Facilities Maintenance - Information Services Human Resource Prosecutor Treasurer Submitted I Signature: Department: I Date: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application I Reviewer I Date Grant/Contract Review Page 2 Kittitas County Review Form Grants & Contract Agreement Today's Date 06/05/2018 Fund/Department 116-Public Health Contract/Grant Information Agenda Date Contract /Grant Age ncy: Professional Services Contract for ABCD Dental Services Period Begin Date: July 1, 2018 I j Period End Date: June 30, 2020 Total Grant/Contract Amount: $19,000.00 Grant/Contract Number: K2747 Contract/Grant Summary: The Professional Services Contract for ABCD Dental Services is established to allow Kittitas County to provide Access to Baby and Child Dentistry' (ABCD) services to detect and prevent early childhood dental decay by engaging dentists in seeing birth to six year old Medicaid eligible children and engaging local public health departments in outreach and case management. Recommendation for Board of Health and Board of Health Review on ~-f\ .t ' ., Department Head Signature:~7__7'::: , Administrator Date: lf, {a-QJ{l~ Signature of Prosecutor's Offi Date ---~~ Date Signature of Board of Health member Date Financial Information Total Amount$ 19,000 State Funds $ 9,500 Federal Funds $ 9,500 Percentage County Funds Matching Funds$ CFDA# 93. 778 Grant/Contract Review Page 1