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HomeMy WebLinkAboutGrant Administration ContractGRANT ADMINISTRATION CONTRACT THIS GRANT ADMINISTRATION CONTRACT ("Contract") is entered into by and between Kittitas County Health Network ("Manager") and Kittitas County Public Health Department ("Contractor") effective September 1, 2019 ("Effective Date") and, unless earlier terminated, terminates on August 31, 2022 ("Termination Date"). RECITALS A. Manager has been awarded the Health Resources and Services Administration Rural Communities Opioid Response Program (RCORP) Implementation Grant ("Grant") for the management of the Grant within Manager's jurisdiction. The purpose of the Grant is to reduce the morbidity and mortality of Substance Use Disorder (SUD), including Opioid Use Disorder (OUD) in rural communities by strengthening and expanding SUD/OUD prevention, treatment, and recovery services. B. Contractor possesses specific skills related to prevention, treatment, and recovery services for SUD/OUD as set forth in the Grant. C. Manager desires to engage the services of Contractor to provide Services for Kittitas County Opioid Use Disorder Prevention, Treatment, and Recovery Project ("Project") as defined in Exhibit 2 "Services & Deliverables", incorporated herein by this reference, and subject to the terms and conditions as required by Manager under this Contract, pursuant to the terms and conditions in the "Health Resources and Services Administration (HRSA) Notice of Award Authorization" as defined in Exhibit 1, incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual benefits and burdens as set forth below, the receipt and sufficiency of which are hereby acknowledged, Manager and Contractor agree as follows: 1. Protect Scope of Work. Contractor will be responsible for assisting with the administration of the Grant activities and services in Kittitas County, over which Manager has jurisdiction as set forth in the Grant ("Services"). Contractor agrees to increase community access to Naloxone, provide education about prescribing opioids, connect syringe service clients with treatment services, conduct harm reduction education, and conduct education about drug take back services. 2. Deliverables and Schedule. Contractor shall promptly and effectively deliver to Manager the "Deliverables" at the times identified by Manager in Exhibit 2 "Services & Deliverables". 3. Fees and Payment. Conditioned upon and in consideration of Contractor's timely, full and faithful performance of the Services and timely submission of Deliverables as stated in Exhibit 2 "Services & Deliverables", and timely, full and faithful performance of all terms and conditions of this Contract, Manager agrees to pay Contractor "Contractor's Fees" on the dates listed on the attached Exhibit 3 "Contractor's Fees", incorporated herein by this reference. All requests for payments for Contractor's Fees will be remitted by Contractor to Manager at the Manager Payment Contact as stated in Exhibit 3 following receipt of an invoice for Services rendered during the preceding quarter, along with supporting documentation, submitted no later than the Invoice Deadline Dates as set forth in Exhibit 3. 4. Termination. This Contract may be terminated by Contractor upon Thirty (30) days written notice to the Manager. Manager may terminate this Contract upon not less than Ten (10) days written notice to Contractor, in Manager's discretion. 5. Works For 1-fire/Protected Health Information. All nonprotected, public research, findings, formulas and statistics that arise out of or are related to this Contract shall be considered "works for hire" (as defined in 17 U.S.C. §101) and shall be considered assigned and irrevocably licensed to Managgr, and, if not protected, in and part of the public domain. Contractor hereby knowingly and voluntarily assigns any and all intellectual property that results out of or is related to this Contract and the Services to Manager. At all times, including after termination of this Contract, secure and forbid disclosure of protected health information and comply with all provisions of the Health Insurance Portability and Accountability Act ("HIPAA" found at 45 CFR Part 160 and 164) and the HIPAA Privacy Rules and Security Rules promulgated thereunder. 6. Notices. With exception to the Manager Payment Contact, any and all Notices required hereunder shall be to the persons and at the places as identified on the attached Exhibit 4, incorporated herein by this reference. Manager and Contractor may change the Notice contact person or address effective the date as set forth on a Notice of change of contact person/place to the other party. 7. Miscellaneous: Time is specifically declared to be of the essence. Manager and Contractor agree to cooperate fully in all matters related to or arising out of this Contract. This Contract was written by Manager and has been submitted to the scrutiny of Contractor and Contractor's legal counsel and shall be given a fair and reasonable interpretation, without consideration or weight being given to one of the parties. If Contractor has not submitted this Contract to the scrutiny of its legal counsel, Contractor stipulates, despite having the opportunity to do so, Contractor has waived the same, and elected to proceed without the benefit of legal review. Waiver by any party of a breach of any covenant, agreement or undertaking contained herein shall be made only by written waiver, and no such waiver shall operate or be construed as a waiver of any prior or subsequent breach of the same covenant, agreement or undertaking. Except as otherwise specifically provided herein, the exercise of any remedy provided by law or otherwise and the provisions of this Contract for any remedy, shall not exclude any other remedy. Manager and Contractor execute this Contract solely as parties in a contractual agreement. No partnership, joint venture or joint undertaking shall be construed from these presents, and no third party may rely upon any provision of this Contract for its direct benefit except as provided herein. This Contract is deemed entered into in the Washington County in which Manager's office is situated and shall be governed under the laws of the State of Washington. The parties hereto understand and agree that they each have a duty to act in good faith on each and every term and condition of this Contract. Every duty and every act which must be performed under this Contract imposes an obligation of good faith in its performance or enforcement unless discretion is otherwise allocated to one of the parties hereto. The parties agree that this Contract is the entire agreement between the parties, that all preceding and contemporaneous oral and written statements, representations and warranties, whether consistent or inconsistent herewith, are agreed to be of no force and effect unless expressly stated herein. In that regard, Manager and Contractor stipulate that each and every provision of this Contract has been fairly bargained for, that the execution of this Contract memorializes the intent of Manager and Contractor after thoughtful consideration of all risks and knowingly and voluntarily assumed such risks. This Contract shall only be supplemented or modified in a signed writing by Manager and Contractor. Manager and Contractor warrant that no commissioned merchant, broker, agent, consultant, or similar person or entity has assisted in procuring this Contract and that no broker or agent is entitled to any commissions or fees. All exhibits, attachments and schedules are hereby incorporated herein by this reference as if fully set forth herein. The parties agree that their signatures that are remitted electronically to each other shall, when accumulated, operate as originals. This Contract may be executed in counterparts. 8. Dispute Resolution. All claims and disputes relating to or arising out of this Contract that are less than the Small Claims jurisdictional limit shall be filed in the Small Claims Division of the District Court in the Washington County in which Manager is situated, and the parties hereto hereby knowingly waive the provisions of Title 12 RCW prohibiting legal counsel representation, meaning that the parties may be represented by legal counsel in Small Claims Court. The parties hereby knowingly and voluntarily waive any right to appeal on any Small Claims judgment, including, without limitation, alleged procedural or evidentiary errors. All claims and disputes related to or arising out of this Contract in excess of such jurisdictional limit, involve matters exceeding the jurisdictional limits of Small Claims Courts or involve equitable remedies, shall be subjected to binding and non - appealable arbitration as the sole and exclusive remedy. For all other matters, if the parties cannot agree on an arbitrator, the Presiding Judge of the Washington County in which Manager is situated shall appoint an arbitrator versed in the subject matter of the claim or dispute, which arbitrator need not be a lawyer unless legal interpretation of the Contract is required. If the arbitrator is a lawyer, the arbitrator may engage the services of any expert to ascertain specialized factual determinations. Substantive discovery shall be allowed in the sole discretion of the arbitrator. The arbitration shall commence not later than ninety (90) days after an arbitration demand. The arbitrator may award damages and injunctive relief and may register a judgment in the court of competent jurisdiction including judgment by default. In any suit, arbitration, proceeding or action to enforce any term, condition or covenant of this Contract or to procure an arbitration determining the rights of the parties hereto, the most prevailing party shall be entitled to recover from the other party reasonable sums as attorney fees and costs. J. �BYSIGNING BELOW, ON BEHALF OF THE RESPECTIVE ENTITIES, CONTRACTOR AND MANAGER HEREBY CONSENT TO ELECTRONIC TRANSMISSION COMMUNICATIONS FOR ANY AND ALL NOTICES AND DISSEMINATION OF CONTRACT BUSINESS. Manager: Signature:4 Printed Name: Title: r Date:- Con tractor Signature: Printed Name: Titl 44A, (-Ai i v - :-)-C) Date: —U LIST OF EXHIBITS Exhibit 1- Health Resources and Services Administration (HRSA) Notice of Award Authorization Exhibit 2 -Services & Deliverables Exhibit 3 -Contractors' Fees Exhibit 4 -Primary contacts for agreement Exhibit 1- Health Resources and Services Administration (HRSA) Notice of Award Authorization 1. Contractor shall notify Manager if they receive additional substance use disorder related funding at any time during the effective dates of this agreement. Please submit the following information to the Manager Primary Grant Contact listed in Exhibit 4 to comply with this Condition: a. Name of funding b. Funding source c. Dates of funding d. Amount of award e. Description of how the funding will supplement and/or complement activities implemented under the RCORP Grant f. Description of processes in place to avoid duplication of effort across RCORP Grant implementation g. Staffing plan (name, title, organization, FTE) for this funding if staff will be dividing time between this funding and the RCORP Grant. 2. Contractor is required to allocate the funds from the RCORP Grant over a three-year period of performance 3. For any given staff member, Contractor is not permitted to bill more than 1.0 Fulltime Equivalent (FTE)across Federal awards. 4. Contractor shall respond to requests for data and information from Manager in a timely I AMMI-laip 5. No sub -awards to any other agency are allowed under this agreement. 6. Effective December 26, 2014, all references to OMB Circulars for the administrative and audit requirements and the cost principles that govern Federal monies associated with this award are superseded by the Uniform Guidance 2 CFR 200 as codified by Health and Human Services (HHS) at 45 CFR 75. 7. Contractor must comply with all terms and conditions outlined in applicable HHS Grants Policy Statements, and requirements imposed by program statutes and regulations and HHS Grant administration regulations, as applicable; as well as any requirements or limitations in any applicable appropriations acts. 8. This agreement is subject to the HHS Grants Policy Statement (HHS GPS) unless otherwise noted. Parts I through III of the HHS GPS are currently available at http://www.hrsa.gov/grants/hhsgrantspolicy.pdf. Please note that the Terms and Conditions explicitly noted in the award and the HHS GPS are in effect. 9. "This [project/publication/program/website] [is/was] supported by the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) as part of an award totaling $XX with xx percentage financed with nongovernmental sources. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by HRSA, HHS or the U.S. Government." Recipients are required to use this language when issuing statements, press releases, requests for proposals, bid solicitations, and other HRSA supported publications and forums describing projects or programs funded in whole or in part with HRSA funding. Examples of HRSA supported publications include, but are not limited to, manuals, toolkits, resource guides, case studies and issues briefs. 10. Recipients and subrecipients of Federal funds are subject to the strictures of the Medicare and Medicaid antikickback statute (42 U.S.C. 1320a 7b(b) and should be cognizant of the risk of criminal and administrative liability under this statute, specifically under 42 U.S.C. 13207b(b) Illegal remunerations which states, in part, that whoever knowingly and willfully: (A) Solicits or receives (or offers or pays) any remuneration (including kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring (or to induce such person to refer) an individual to a person for the furnishing or arranging for the furnishing of any item or service, OR (B) In return for purchasing, leasing, ordering, or recommending purchasing, leasing, or ordering, or to purchase, lease, or order, any goods, facility, services, or item for which payment may be made in whole or in part under subchapter XIII of this chapter or a State health care program, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both. 11. EO 13166, August 11, 2000, requires recipients receiving Federal financial assistance to take steps to ensure that people with limited English proficiency can meaningfully access health and social services. A program of language assistance should provide for effective communication between the service provider and the person with limited English proficiency to facilitate participation in, and meaningful access to, services. The obligations of recipients are explained on the OCR website at HHS Limited English Proficiency (LEP). 12. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term, go to: https://www.hrsa.gov/sites/default/files/hrsa/grants/manage/traffickingin persons.pdf. 13. The Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019, Division H, § 202, (P.L 115245), enacted September 28, 2018, limits the salary amount that may be awarded and charged to HRSA Grants and cooperative agreements to the Federal Executive Pay Scale Level II rate set at $192,300, effective January, 2019. This amount reflects an individual's base salary exclusive of fringe benefits. An individual's institutional base salary is the annual compensation that the recipient organization pays an individual and excludes any income an individual may be permitted to earn outside the applicant organization duties. HRSA funds may not be used to pay a salary in excess of this rate. This salary limitation also applies to subrecipients under a HRSA Grant or cooperative agreement. The salary limitation does not apply to payments made to consultants under this award although, as with all costs, those payments must meet the test of reasonableness and be consistent with recipient's institutional policy. None of the awarded funds may be used to pay an individual's salary at a rate in excess of the salary limitation. Note: an individual's base salary, per se, is NOT constrained by the legislative provision for a limitation of salary. The rate limitation simply limits the amount that may be awarded and charged to HRSA Grants and cooperative agreements. 14. To serve persons most in need and to comply with Federal law, services must be widely accessible. Services must not discriminate on the basis of age, disability, sex, race, color, national origin or religion. The HHS Office for Civil Rights provides guidance to grant and cooperative agreement recipients on complying with civil rights laws that prohibit discrimination on these bases. Please see http://www.hhs.gov/civilrights/forindividuals/index.html. HHS also provides specific guidance for recipients on meeting their legal obligation under Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in programs and activities that receive Federal financial assistance (P. L. 88352, as amended and 45 CFR Part 75). In some instances, a recipient's failure to provide language assistance services may have the effect of discriminating against persons on the basis of their national origin. Please see http://www.hhs.gov/civilrights/forindividuals/specialtopics/limitedenglishproficiency/in dex.html to learn more about the Title VI requirement for grant and cooperative agreement recipients to take reasonable steps to provide meaningful access to their programs and activities by persons with limited English proficiency. 15. In any grant related activity in which family, marital, or household considerations are, by statute or regulation, relevant for purposes of determining beneficiary eligibility or participation, grantees must treat same sex spouses, marriages, and households on the same terms as opposite sex spouses, marriages, and households, respectively. By "same sex spouses," HHS means individuals of the same sex who have entered into marriages that are valid in the jurisdiction where performed, including any of the 50 states, the District of Columbia, or a U.S. territory or in a foreign country, regardless of whether or not the couple resides in a jurisdiction that recognizes same sex marriage. By "same sex marriages," HHS means marriages between two individuals validly entered into in the jurisdiction where performed, including any of the 50 states, the District of Columbia, or a U.S. territory or in a foreign country, regardless of whether or not the couple resides in a jurisdiction that recognizes same sex marriage. By "marriage," HHS does not mean registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. This term applies to all grant programs except block grants governed by 45 CFR part 96 or 45 CFR Part 98, or grant awards made under titles IVA, XIX, and XXI of the Social Security Act; and grant programs with approved deviations. 16. §75.113 Mandatory disclosures. Consistent with 45 CFR 75.113, applicants and nonfederal entities must disclose, in a timely manner, in writing to the HHS awarding agency, with a copy to the HHS Office of Inspector General (OIG), all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass through entity) and the HHS OIG, all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Disclosures must be sent in writing to the awarding agency and to the HHS OIG at the following address: Department of Health and Human Services Health Resources and Services Administration Office of Federal Assistance Management Division of Grants Management Operations 5600 Fishers Lane, Mailstop 10SWH03 Rockville, MD 20879 AND U.S. Department of Health and Human Services Office of Inspector General Attn: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW, Cohen Building Room 5527 Washington, DC 20201 Fax: (202)2050604 (Include: "mandatory Grant Disclosures" in subject line) or Email: mandatoryGranteeDisclosures@oig.hhs.gov Failure to make required disclosures can result in any of the remedies described in 45 CFR 75.371. Remedies for noncompliance, including suspension or debarment (See 2 CFR parts 180 & 376 and 31 U.S.C. 3321). The recipient must include this mandatory disclosure requirement in all subawards and contracts under this award. 17. Non -Federal entities that have received a Federal award including the term and condition outlined in Appendix XII are required to report certain civil, criminal, or administrative proceedings to www.sam.gov. Failure to make required disclosures can result in any of the remedies described in §75.371, including suspension or debarment. (See also 2 CFR parts 180 and 376, and 31 U.S.C. 3321). Recipient integrity and performance matters. If the total Federal share of the Federal award is more than $500,000 over the period of performance, Appendix XII to CFR Part 200 is applicable to this award. Exhibit 2 -Services & Deliverables The Services, Deliverables and Schedule for delivery to Manager are described below and shall commence on the Effective Date. Contractor shall implement the following work plan and collect the corresponding measures found in the Kittitas County Opioid Response Strategic Plan and the work plan for the HRSA Rural Communities Opioid Response Program implementation Grant. Required Grant Activity Develop, implement, and assess intervention models that leverage opioid overdose reversal and increased naloxone availability as a bridge to treatment and ensure that rural communities have sufficient access to naloxone. Increase the number of providers who regularly use a Prescription Drug Monitoring Program (including prescribers and pharmacists) and reduce over -prescribing practices. Identify and screen individuals who are at risk of SUD/OUD and make available prevention, harm reduction, early intervention services, referral to treatment and other supportive services to minimize the potential for the development of SUD/OUD. Track, screen, prevent, and refer to treatment patients with SUD/OUD who have SERVICES & DELIVERABLES Strategies • Work with physicians to encourage co -prescribing of naloxone with opioid prescriptions • Increase pharmacist distribution of naloxone Work with local pharmacies to provide over the counter naloxone with opioid prescriptions • Distribute naloxone at local syringe service programs ■ Conduct annual provider trainings about using the Prescription Drug Monitoring Program • Conduct annual health care provider, dentist, and pharmacist education to discourage over -prescribing and encourage usage of the Prescription Drug Monitoring Program • Create pathways (screening, referrals, care coordination) to treatment services for people accessing syringe exchange programs Conduct harm reduction education and HIV/hepatitis C testing in Measures ■ Number of pharmacies distributing naloxone • Number of naloxone kits distributed through syringe exchange 1 • Number of providers trained Increase in knowledge about over -prescribing (pre/post surveys) • Number of people referred to treatment Number of education participants ® Number of patients tested_ Required Grant Activity infectious complications, including HIV, viral hepatitis, and endocarditis, particularly among PWID. Implement year-round drug take -back programs. SERVICES & DELIVERABLES Strategies settings with high risk individuals (at least 4 events per year) a Conduct pharmacist education about drug take back (at least 3 per year) Measures • Number of pharmacies conducting drug take back Additional Deliverables required by the Manager, in addition to those set forth in the Grant, are as follows: 1. Participate in Kittitas County Health Network' (KCHN's) monthly Leadership Council and Opioid Response Work Group meetings. 2. Participate in task forces addressing barriers to recovery (housing, transportation, child care, etc.) 3. Provide quarterly reports summarizing progress on each activity in the above work plan and providing data for the measures. Quarterly reports will be due on the same dates as the Invoice Deadline Dates listed in Exhibit 3. Exhibit 3 -Contractor's Fees The total hours of work required and any costs incurred to complete the Project and the activities listed in Exhibit 1 are the responsibility of Contractor for the Contractor's Fees. No costs will be compensated outside of those included in the Contractor's Fees as set forth below unless by prior written approval of Manager, in Manager's sole discretion. For Contractor's Fees for Contractor's Services, conditioned upon the timely and effective communication of all Deliverables in accordance with their respective Schedule, Manager shall pay Contractor the Contractor's Fees as set forth below: In consideration for satisfactory performance of these Services as outlined in Exhibit A, Manager agrees to pay Contractor $123,000.00 in twelve (12) equal quarterly payments of $10,250.00 each between September 1st, 2019 and August 311t, 2022 based upon the completion of deliverables and satisfactory progress on the work plan. Payments will be remitted following receipt of an invoice for services along with supporting back up documentation of expenditures. Acceptable expenditures shall be in alignment with the Grant budget below. Staff Salaries & Benefits $123,000.00 TOTAL $123,000.00 Please send invoices and reports to the Manager Payment Contact listed below: Name: Robin Read, KCHN Executive Director Address: 400 E. Mountain View Ave. c/o KVFR, Ellensburg, WA 98926 Email: robin@healthierkittitas.org Invoice Deadline Dates: December 31, 2019 (for September 1 -November 30, 2019) March 31, 2020 (for December 1, 2019 -February 28, 2020) June 30, 2020 (for March 1 -May 31, 2020) September 30, 2020 (for June 1 -August 31, 2020) December 31, 2020 (for September 1 -November 30, 2020) March 31, 2021 (for December 1, 2020 -February 28, 2021) June 30, 2021 (for March 1 -May 31, 2021) September 30, 2021 (for June 1 -August 31, 2021) December 31, 2021 (for September 1 -November 30, 2021) March 31, 2022 (for December 1, 2021 -February 28, 2022) June 30, 2022 (for March 1 -May 31, 2022) September 30, 2022 (for June 1 -August 31, 2022) Exhibit 4 -Primary contacts for agreement Contact Person/Place-Manager Name: Robin Read, Kittitas County Health Network Address: 400 E. Mountain View Ave., c/o KVFR, Ellensburg, WA, 98926 Email: robin@healthierkittitas.org Contact Person/Place-Contractor Name: Tristen Lamb, Kittitas County Public Health Department Address: 507 N. Nanum, Suite 102, Ellensburg, WA 98926 Email: tristen.lamb@co.kittitas.wa.us Today's Date 12/17/2019 Fund/Department 116 -Public Health Kittitas County Review Form Grants & Contract Agreement Agenda Date �J GUS � Contract/Grant Information Contract /Grant Agency: Contract between Kittitas County Health Network and Kittitas County Public Health Period Begin Date: 09/01/2019 Period End Date: 08/31/2022 Total Grant/Contract Amount: $123,000.00 Grant/Contract Number: Contract/Grant Summary: The contract between Kittitas County Health Network and Kittitas County Public Health (KCPHD) is established to allow KCPHD to provide services for Kittitas County Opiod Use Disorder Prevention, Treatment, and recovery project. Recommendation for Board of Health and Board of Health Review on Administrator Date: -Z-?-) Department Head Sigrfature: Kittitas County Prosecutor, Auditor, and Board of Hea APPROVED AS TO FORM: Sture of Prosecutor's ice Date n_ of Auditor's Office Signature of Board of Health member Financial Information Total Amount $ Percentage County Funds Date Date State Funds $ Matching Funds $ Federal Funds $ CFDA# Grant/Contract Review Page 1 Budget Information Budget Amendment Needed? New Division Created? Revenue Code Pass Through Information Yes ❑ attach budget form NO ❑ Why not Agency to Pass Through Amount to Pass Through $ Sub -Contract Approved Date: Prosecutor Review Has the Prosecutor reviewed this agreement? Yes El No ❑ County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted Signature: Date: Department: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application Reviewer I Date Grant/Contract Review Page 2