HomeMy WebLinkAboutRes-2022-072BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION TO AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES
AGREEMENT BETWEEN WASHINGTON STATE HEALTH CARE AUTHORITY AND
KITTITAS COUNTY
RESOLUTIoN No. 2022 --tZA
WHEREAS: The State of Washington, acting by and through the Health Care Authority, issued
a Request for Application for the purpose of developing or implementing or
continuing to expand Medication for Opiod Use Disorder in Jails Program; and
WHEREAS: Kittitas County submitted a timely response to the Request for Application; and
WHEREAS: Health Care Authority reviewed all properly submitted Responses and has
identified Kittitas County as the Apparent Successful Bidder; and
WHEREAS: Health Care Authority has determined that entering into a contract with Kittitas
County will meet Health Care Authority's needs and will be in the State's best
interest; and
WHEREAS: Health Care Authority is awarding Kittitas County $271,035.00; and
NOW THEREFORE BE IT HEREBY RESOLVED that the Agreement between Washington
State Healthcare Authority and the Kittitas County Jail shall commence on March 1,2022
and continue to June 30,2022 and accepts this grant money and the terms of the contract.
ADOPTED this ID1-d\y of March, 2022.
BOARI)FC COMMISSIONERS
AS , WASHINGTON
..o':)i" - t ;' ri lr'i;:',,,
r..+"5ir.... " " " " :. ! "?t : {,.Sot..' ".'.',:'rZ--
_-- o.j '. "Vice-Chair
Clerk of oard- Julie Kjorsvik D. R. Mi
AS TO FORM:lt
I Deputy Clerk of the Board- Mandy Buchholz
) Prosecuting Attorney
!t
pocuSign Envelope lD: 248C4933-7876-4DAD-AF9C-6674F882D448
THIS CONTRACT is made
County Sheriff, (Contractor)
by and between washington state Heatth care Authority, (HCA) and Kittitas
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 both parties.
Washi
Hea
ngto
Irh
n State
Care thority
PROFESSIONAL SERVICES
CONTRACT for
MOUD in Jails
HCA Contract Number:K5885
Resulting from Solicitation Number (lf
applicable: 2A21HCA42
Contractor/Vendor Contract Number:
CONTRACTOR NAME
Kittitas County
CONTRACTO R DOrNc BUSTNESS AS (DBA)
Kittitas County Sheriff - Jail
Street
205 W 5rh Ave, Ste 1/Jail
City
Ellensburg
State
WA
Zip Code
98926
CONTRACTOR CONTACT
Edward L. Buntin
CONTRACTOR TELEPHONE
509-962-7527
coNTRAcroR E,MAIL ADDneSS
-edward. bu ntin@co.kift itas.wa. us
ls Contractor a Subrecipient under this Contract?
nvrs ENo
cFDA NUMBER(S)
N/A
FFATA Form Required
lYrs Xno
RAM
MOUD in Jails Program
HCA DIVISI
DBHR
HCA NAME AND
Rachel Meade, MOUD in Jails Program Administrator
HCA CONTACT
Health Care Authority
626 8th Avenue SE
PO Box 45330
Olympia, WA 98504-5330
HCA TELEPHONE
(360) 725-2009
HCA CONTACT E.MAIL ADDRESS
rachel. meade@hca.wa.qov
DATE
March 1 ,2022
CONTRACT
June 30, 2022
END DATE TOTAL MAXIMUM
$271,035.00
To develop and implement or continue to expand MouD in jails program
PURPOSE OF
IGNATURE
ete"" 'rry-cat-
PRINTED NAME AND TITLE
e.tj'r l4Y€lLt S4€lLt Ff
DATE SIGNED
3 -? -ar
HCA SI RE
tl"t lt- ]^--h-
PRINTED NAME AND TITLE
Rachelle Amerine
Contracts Administrator
DATE SIGNED
3t17t2022
Rev 5/6/2019
Recitals
TABLE OF CONTENTS
4
2. Definitions ............4
1. Statement of Work (SOW)
3. SpecialTerms and Conditions
3.1 Performance Expectations...........
3.2 Term.........
3.3 Compensation...........
3.4 lnvoice and Payment..............
3.5 Contractor and HCA Contract Managers
3.6 Legal Notices......
3.7 lncorporation of Documents and Order of Precedence...........
3.8 lnsurance
4. GeneralTerms and Conditions
4
6
4.1 Access to Data
4.2 Advance Payment Prohibited
4.3 Amendments..............
4.4 Assignment ...............
4.5 Attorneys' Fees .........
4.6 Change in Status...
4.7 Confidential lnformation Protection...............
4.8 Confidential lnformation Security.
4.9 Confidential lnformation Breach - Required Notification
4.10 Contractor's Proprietary lnformation
4.11 Covenant Against Contingent Fees
4.12 Debarment
4. 1 3 Disputes ............
4.14 Entue Agreement
4.15 Force Majeure
4.16 Funding withdrawn, Reduced, or Limited......
4.17 Governing Law
4.18 HCA Network Security....
4.19 lndemnification
4.20 lndependent Capacity of the Contractor
4.21 lndustrial lnsurance Coverage.............
Washington State 2
Health Care Authority
.....6
'''',7
.....7
..... 8
.....9
.....9
... 10
... 10
...12
12
12
12
12
12
13
13
13
14
14
15
15
15
16
16
16
17
17
17
18
18
Description of Services
HCA Contract #K5885
4.22 Legal and Regulatory Compliance...........
4.23 Limitation of Authority
4.24 No THIRD-PARTY Beneficiaries..............
4.25 Nondiscrimination...............
4.26 Overpayments to the Contractor
4.27 Pay Equity
4.28 Publicity............
4.29 Records and Document Review
4.30 Remedies Non-Exclusive
4.31 Right of 1nspection...............
4.32 Rights in Data/Ownership
4.33 Rights of State and Federal Governments
4.34 Severability.......
4.35 Site Security
4.36 Subcontracting
4.37 Survival ............
4.38 Taxes ...............
4.39 Termination
4.40 Termination Procedures
4.41 Treatment of Assets
4.42 Waiver..............
4.43 Wananties.....,..
Attachments
Attachment 1 : Confidential lnformation Security Requirements
Schedules
Schedule A:
Jails Program
Statement of Work (SOW) Medication for Opioid Use Disorder (MOUD) in
Exhibit A:
Jails Program
Exhibit B:
Exhibits
HCA RFA 2021HCA42 for Medication for Opioid Use Disorder (MOUD) in
Kittitas County Response to HCA RFP 2021HCA42
Note: Exhibits A and B are not attached but are available upon request from the HCA Contracts
Administrator.
18
19
19
19
19
19
20
20
21
21
21
22
22
23
23
23
24
24
25
26
27
27
Washington State
Health Care Authority
3 Description of Services
HCA Contract #K5885
Contract #K5885 for Medication for Opioid Use Disorder (MOUD) in
Jails Program
REGITALS
The state of Washington, acting by and through the Health Care Authority (HCA), issued a
Request for Application (RFA) dated December 29,2021, (Exhibit A) for the purpose of
developing or implementing or continuing to expand Medication for Opioid Use Disorder
(MOUD) in Jails Program in accordance with its authority under chapters 39.26 and 41.05 RCW
Kittitas County submitted a timely Response to HCA's RFA#2021HCA42 (Exhibit B)
HCA evaluated all properly submitted Responses to the above-referenced RFA and has
identified Kittitas County as the Apparent Successful Bidder.
HCA has determined that entering into a Contract with Kittitas County will meet HCA's needs
and will be in the State's best interest.
NOW THEREFORE, HCA awards to Kittitas County this Contract, the terms and conditions of
which will govern Contractor's providing to HCA the MOUD in Jails Program.
lN 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
lnformation that compromises the security, confidentiality, or integrity of the Confidential
lnformation.
"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 (PHl). Any reference to
Business Associate in this DSA includes Business Associate's employees, agents, officers,
Subcontractors, third party contractors, volunteers, or directors.
"Business Days and Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific
Time, except for holidays observed by the state of Washington.
Washington State
Health Care Authority
4 Description of Services
HCA Contract #K5885
"Centers for Medicare and Medicaid Services" or .'GMS" means the federal office under the
Secretary of the United States Department of Health and Human Services, responsible for the
Medicare and Medicaid programs.
"CFR" means the Code of Federal Regulations. All references in this Contract to CFR
chapters or sections include any successor, amended, or replacement regulation. The CFR
may be accessed at http://www. ecfr. sov/cqi-bin/ECFR?paqe=browse.
"Gonfidential lnformation" 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 lnformation includes, but is not limited to,
any information identifiable to an individualthat relates to a natural person's health, (see also
Protected Health lnformation); 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.
"Gontract" means this Contract document and all schedules, exhibits, attachments,
incorporated documents and amendments.
"Gontractor" means Kittitas County, its employees and agents. Contractor includes any firm,
provider, organization, individual or other entity performing services under this Contract. lt 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. lt 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 Gontract Manager" means the individual identified on the cover page of this Contract
who will provide oversight of the Contractor's activities conducted under this Contract.
"Health Care Authority" or "HCA" means the Washington State Health Care Authority, any
division, section, office, unit or other entity of HCA, or any of the officers or other officials
lawfully representing HCA.
"Overpayment" means any payment or benefit to the Contractor in excess of that to which the
Contractor is entitled by law, rule, or this Contract, including amounts in dispute.
Washington State
Health Care Authority
5 Description of Services
HCA Contract #K5885
"Proprietary lnformation" means information owned by Contractor to which Contractor claims
a protectable interest under law. Proprietary lnformation includes, but is not limited to,
information protected by copyright, patent, trademark, or trade secret laws.
"Protected Health lnformation" or "PHl" means individually identifiable information that
relatestothe provision of health careto an individual; the past, present, orfuture 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. lndividually 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 12329(a)(4XbXiv).
"Response" means Contractor's Response to HCA's RFA#2021HCA42 for Medication for
Opioid Use Disorder (MOUD) in Jails Program and is Exhibit B hereto.
"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.qov/rcM.
(rRFA" means the Request for Application used as the solicitation document to establish this
Contract, including all its amendments and modifications and is Exhibit A hereto.
"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.
'nSubcontractor" 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.
"USC" means the United States Code. All references in this Contract to USC chapters or
sections will include any successor, amended, or replacement statute. The USC may be
accessed at http://uscode. house.qov/
"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://app.leq.wa.qov/wac/.
3. SPECIAL TERMS AND CONDITIONS
3.1 PERFORMANCE EXPECTATIONS
Expected performance under this Contract includes, but is not limited to, the following
Washington State
Health Care Authority
6 Description of Services
HCA Contract #K5885
3.1 .1
3.1.2
3.1 .3
3.1.4
3.1 .5
3.1 .6
3.1.7
3.1 .8
Washington State
Health Care Authority
Knowledge of applicable state and federal laws and regulations pertaining to subject
of contract;
Use of professional judgment;
Collaboration with HCA staff in Contractor's conduct of the services;
Conformance with HCA directions regarding the delivery of the services;
Timely, accurate and informed communications;
Regular completion and updating of project plans, reports, documentation and
communications;
Regular, punctual attendance at all meetings; and
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 March 1,2022, and continue
through June 30, 2022, unless terminated sooner as provided herein.
3.2.2 This Contract may be extended through July 31 ,2028, by mutually agreed
amendment 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 padies have determined the cost of accomplishing the work herein will not
exceed $271,035.00, inclusive of all fees, taxes, and expenses. Compensation for
satisfactory performance of the work will not exceed this amount unless the parties
agree to a higher amount through an amendment.
3.3.2 Contractor's compensation for services rendered will be based on the deliverables
table in Schedule A, Statement of Work.
7 Description of Services
HCA Contract #K5885
3.4 INVOICE AND PAYMENT
3.4.1 ln order to receive payment for services or products provided to a state agency,
Contractor must register with the Statewide Payee Desk at https:/iofm.wa.qov/it-
svstemsistatewide-vendorpavee-services/receivinq-pavment-state.
3.4.2 lnvoices must describe and document to the HCA Contract Manager's satisfaction a
description of the work performed, the progress of the project, and fees. All invoices
and deliverables will be approved by the HCA Contract Manager prior to payment.
Approvalwill not be unreasonably withheld or delayed.
3.4.3 lf expenses are invoiced, invoices must provide a detailed breakdown of each type
Expenses of $50 or more must be accompanied by a receipt.
3.4.4 A-19 invoices must be submitted to Rachel.meade@hca.wa.qov with the_HCA
Contract number in the subject line of the email. lnvoices must include the following
information, as applicable:
a. The HCA Contract number;
b. Contractor name, address, phone number;
c. Description of services;
d. Date(s) of delivery;
e. Net invoice price for each item;
f. Applicable taxes;
g. Total invoice price; and
h. Any available prompt payment discount.
HCA will return incorrect or incomplete invoices for correction and reissue
3.4.5 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.
Washington State
Health Care Authority
8 Description of Services
HCA Contract #K5885
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
ad m in istrative activities.
3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance
and will be the contact person for all communications regarding contract
performance and deliverables. The HCA Contract Manager has the authority to
accept or reject the services provided and must approve Contractor's invoices prior
to payment.
3.5.3 The contact information provided below may be changed by written notice of the
change (email acceptable) to the other party.
3.6 LEGAL NOTICES
Any notice or demand or other communication required or permitted to be given under this
Contract or applicable law is effective only if it is in writing and signed by the applicable
party, properly addressed, and delivered in person, via email, or by a recognized courier
service, or deposited with the United States Postal Service as first-class mail, postage
prepaid certified mail, return receipt requested, to the parties at the addresses provided in
this section.
3.6.1 ln the case of notice to the Contractor:
Edward L. Buntin, Lieutenant
Kittitas County Sheriffs Office
205 W 5th Ave, Ste 1/Jail
Ellensburg, WA 98926
3.6.2 ln the case of notice to HCA:
3.5 CONTRACTOR AND HCA CONTRACT MANAGERS
3.5.1
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
CONTRAGTOR
Contract Manager lnformation
Health Care Authority
Gontract Manager lnformation
Name Edward L. Buntin Name Rachel Meade
Title Lieutenant Title MOUD in Jails Program
Administrator
Address:205 W Sth Ave, Ste 1/Jail
Ellensburg, WA 98926 Address 626 8th Ave SE, PO Box 45330
Olympia, WA 98504-5330
Phone (509) 962-7527 Phone:(360) 725-2009
Email:edward. buntin@co. kittitas.wa. us Email rachel. meade@hca.wa. qov
I
Attention: Contracts Administrator
Health Care Authority
Division of Legal Services
Post Office Box 427Q2
Olympia, WA 98504-2702
contracts@hca.wa.gov
3.6.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever
is earlier.
3.6.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Contract. ln
the event of an inconsistency, the inconsistency will be resolved in the following order of
precedence:
3.7.1 Applicable Federal and State of Washington statutes and regulations;
3.7.2
3.7.3
3.7.4
3.7.5
3.7.6
Recitals
Special Terms and Conditions;
General Terms and Conditions;
Attachment 1 : Confidential lnformation Security Requirements;
Schedule A: Statement of Work;
3.7.7 Exhibit A: HCA RFA#2021HCA42 for Medication for Opioid Use Disorder (MOUD)
in Jails Program, dated December 29,2021;
3.7.8 Exhibit B. Contracfor's Response dated January 20,2022; and
3.7.9 Any other provision, term or material incorporated herein by reference or otheruvise
incorporated.
3.8 INSURANCE
Contractor must provide insurance coverage as set out in this section. The intent of the
required insurance is to protect the State should there be any claims, suits, actions, costs,
damages or expenses arising from any negligent or intentional act or omission of
Contractor or Subcontractor, or agents of either, while performing under the terms of this
Contract. Contractor must provide insurance coverage that is maintained in full force and
effect during the term of this Contract, as follows:
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
10
Commercial General Liability lnsurance Policy - Provide a Commercial General
Liability lnsurance Policy, including contractual liability, in adequate quantity to
protect against legal liability arising out of contract activity but no less than
$1 million per occurrence/$2 million general aggregate. Additionally, Contractor is
responsible for ensuring that any Subcontractors provide adequate insurance
coverage for the activities arising out of subcontracts.
3.8.2 Business Automobile Liability. ln the event that services delivered pursuant to this
Contract involve the use of vehicles, either owned, hired, or non-owned by the
Contractor, automobile liability insurance is required covering the risks of bodily
injury (including death) and property damage, including coverage for contractual
liability. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
3.8.3 Professional Liability Errors and Omissions - Provide a policy with coverage of not
less than $1 million per claim/$2 million general aggregate.
3.8.4 The insurance required must be issued by an insurance 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 insureds under any
Commercial General and/or Business Automobile Liability policy/ies. All policies
must be primary to any other valid and collectable insurance. ln 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 lnsurance section. lf a certificate of insurance is
requested, Contractor must submit renewal certificates as appropriate during the term of
the contract.
3.8.5 The Receiving Party certifies that it is self-insured, is a member of a risk pool, or
maintains the types and amounts of insurance identified above and will provide
certificates of insurance to that effect to HCA upon request.
Upon request, Contractor must submit to HCA a certificate of insurance that outlines
the coverage and limits defined in the lnsurance section. lf a certificate of insurance
is requested, Contractor must submit renewal certificates as appropriate during the
term of the contract.
The policy must be maintained for the term of this Agreement and three (3) years following
its termination.
3.8.1
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
11
4. GENERAL TERMS AND GONDITIONS
4,1 ACCESS TO DATA
ln compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide
access to any data generated under this Contract to HCA, the Joint Legislative Audit and
Review Committee, the State Auditor, and any other state or federal officials so authorized
by law, rule, regulation, or agreement at no additional cost. This includes access to all
information that supports the findings, conclusions, and recommendations of the
Contractor's reports, including computer models and methodology for those models.
4.2 ADVANCE PAYMENT PROHIBITED
No advance payment will be made for services furnished by the Contractor pursuant to
this Contract.
4.3 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments
will not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
4.4 ASSIGNMENT
4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its
rights hereunder, or delegate any of its duties hereunder, except delegations as set
forth in Section 4.36, Subcontracting, without the prior written consent of HCA. Any
permitted assignment will not operate to relieve Contractor of any of its duties and
obligations hereunder, nor will such assignment affect any remedies available to
HCA that may arise from any breach of the provisions of this Contract or warranties
made herein, including but not limited to, rights of setoff. Any attempted assignment,
transfer or delegation in contravention of this Subsection 4.4.1 of the Contract will
be null and void.
4.4.2 HCA may assign this Contract to any public agency, commission, board, or the like,
within the political boundaries of the State of Washington, with written notice of thirty
(30) calendar days to Contractor.
4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and
their permitted successors and assigns.
4.5 ATTORNEYS'FEES
ln 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.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
12
4.6 CHANGE IN STATUS
ln 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 lnformation. Contractor agrees to hold Confidential
lnformation in strictest confidence and not to make use of Confidential lnformation
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 otheruvise 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 lnformation (See Attachment 1: Confidential lnformation
Secu rity Req uirements).
4.7.2 Contractors that come into contact with Protected Health lnformation may be
required to enter into a Business Associate Agreement with HCA in compliance with
the requirements of the Health lnsurance 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
lnformation 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 lnformation, 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
lnformation Security Requirements set out in Attachment 1 to this Contract and
appropriate portions of the Washington OCIO Security Standard, 141.10
(httos ://ocio.wa. oov/oolicies/1 4 1 -securino-i rmation-technoloov-assets/1 4 1 1 O-securino-
information-technoloov-assets)
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
13
4.9 CONFIDENTIAL INFORMATION BREACH - REQUIRED NOTIFICATION
4.9.1 Contractor must notify the HCA Privacy Officer (PdvacylQffiger@hca.wa.qov) within
five Business Days of discovery of any Breach or suspected Breach of Confidential
lnformation.
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 lnformation by Contractor, its officers, directors,
employees, Subcontractors or agents.
4.9.3 lf notification of the Breach or possible Breach must (in the judgment of HCA) be
made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW
19.255.010, or other law or rule, then:
4.9.3.1 HCA may choose to make any required notifications to the individuals, to
the U.S. Department of Health and Human Services Secretary (DHHS)
Secretary, and to the media, or direct Contractor to make them or any of
them.
4.9.3.2 ln any case, Contractor will pay the reasonable costs of notification to
individuals, media, and governmental agencies and of other actions HCA
reasonably considers appropriate to protect HCA clients (such as paying
for regular credit watches in some cases).
4.9.3.3 Contractor will compensate HCA clients for harms caused to them by any
Breach or possible Breach.
4.9.4 Any breach of this clause may result in termination of the Contract and the demand
for return or disposition (Attachment 1, Section 6) of all Confidential lnformation.
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
lnformation 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 lnformation 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. lf a public disclosure request is made to view Contractor's Proprietary
lnformation, 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
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
14
competent jurisdiction enjoining that disclosure. lf Contractor fails to obtain the court order
enjoining disclosure, HCA will release the requested information on the date specified.
4.11 COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the Contractor for the purpose of securing business.
HCA will have the right, in the event of breach of this clause by the Contractor, to annul
this Contract without liability or, in its discretion, to deduct from the contract price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
4.12 DEBARMENT
By signing this Contract, Contractor certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded in any Washington
State or Federal department or agency from participating in transactions (debarred).
Contractor agrees to include the above requirement in any and all subcontracts into which
it enters, and also agrees that it will not employ debarred individuals. Contractor must
immediately notify HCA if, during the term of this Contract, Contractor becomes debarred.
HCA may immediately terminate this Contract by providing Contractor written notice, if
Contractor becomes debarred during the term hereof.
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). lf 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
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
15
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;
4.13.2.2lnclude a written description of the dispute;
4.13.2.3 State the relative positions of the parties and the remedy sought;
4.13.2.4 State the Contract Number and the names and contact information for the
parties;
4.13.3 This dispute resolution process constitutes the sole administrative remedy available
under this Contract. The parties agree that this resolution process will precede any
action in a judicial or quasi-judicial tribunal.
4.14 ENTIRE AGREEMENT
HCA and Contractor agree that the Contract is the complete and exclusive statement of
the agreement between the parties relating to the subject matter of the Contract and
supersedes all letters of intent or prior contracts, oral or written, between the parties
relating to the subject matter of the Contract, except as provided in Section 4.43,
Warranties.
4.15 FORCE MAJEURE
A party will not be liable for any failure of or delay in the performance of this Contract for
the period that such failure or delay is due to causes beyond its reasonable control,
including but not limited to acts of God, war, strikes or labor disputes, embargoes,
government orders or any other force majeure event.
4.16 FUNDING WITHDRAWN, REDUGED, OR LIMITED
lf HCA determines in its sole discretion that the funds it relied upon to establish this
Contract have been withdrawn, reduced or limited, or if additional or modified conditions
are placed on such funding after the effective date of this contract but prior to the normal
completion of this Contract, then HCA, at its sole discretion, may:
4.16.1 Terminate this Contract pursuant to Section 4.39.3, Termination for Non-Allocation
of Funds;
4.16.2 Renegotiate the Contract under the revised funding conditions; or
4.16.3 Suspend Contractor's performance under the Contract upon five (5) Business Days'
advance written notice to Contractor. HCA will use this option only when HCA
determines that there is reasonable likelihood that the funding insufficiency may be
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
16
resolved in a timeframe that would allow Contractor's performance to be resumed
prior to the normal completion date of this Contract.
4.16.3.1 During the period of suspension of performance, each party will inform
the other of any conditions that may reasonably affect the potential for
resumption of performance.
4.16.3.2 When HCA determines in its sole discretion that the funding insufficiency
is resolved, it will give Contractor written notice to resume performance.
Upon the receipt of this notice, Contractor will provide written notice to
HCA informing HCA whether it can resume performance and, if so, the
date of resumption. For purposes of this subsection, "written notice" may
include email.
4.16.3.3 lf 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.
4.17 GOVERNING LAW
This Contract is governed in all respects by the laws of the state of Washington, without
reference to conflict of law principles. The jurisdiction for any action hereunder is
exclusively in the Superior Court for the state of Washington, and the venue of any action
hereunder is in the Superior Court for Thurston County, Washington. Nothing in this
Contract will be construed as a waiver by HCA of the State's immunity under the 11tn
Amendment to the United States Constitution.
4.18 HCA NETWORK SECURITY
Contractor agrees not to attach any Contractor-supplied computers, peripherals or
software to the HCA Network without prior written authorization from HCA's Chief
lnformation 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.52.1 10. 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 lnternet connection while on site.
4.19 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
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
17
under Section 4.7, Confidential lnformation Protection and Section 4.8 Confidentiality
Breach-Required Notification, arising from intentional or negligent acts or omissions of
Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees,
or agents, in the performance of this Contract.
4.20 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this
Contract. Contractor and its employees or agents performing under this Contract are not
employees or agents of HCA. Contractor will not hold itself out as or claim to be an officer
or employee of HCA or of the State of Washington by reason hereof, nor will Contractor
make any claim of right, privilege or benefit that would accrue to such employee under
law. Conduct and control of the work will be solely with Contractor.
4.21 INDUSTRIAL INSURANCE COVERAGE
Prior to performing work under this Contract, Contractor must provide or purchase
industrial insurance coverage for the Contractor's employees, as may be required of an
"employer" as defined in Title 51 RCW, and must maintain full compliance with Title 51
RCW during the course of this Contract.
4.22 LEGAL AND REGULATORY COMPLIANCE
4.22.1 During the term of this Contract, Contractor must comply with all local, state, and
federal licensing, accreditation and registration requirements/standards, necessary
for the performance of this Contract and all other applicable federal, state and local
laws, rules, and regulations.
4.22.2 While on the HCA premises, Contractor must comply with HCA operations and
process standards and policies (e.9., ethics, lnternet / email usage, data, network
and building security, harassment, as applicable). HCA will make an electronic copy
of all such policies available to Contractor.
4.22.3 Pursuant to Proclamation2l-14 - COVID-19 Vaccination Requirement (dated
August 9,2021) as amended by Proclamation 21-14.1 - COVID-19 Vaccination
Requirement (dated August 20,2021) ("Proclamation") all contractors and any of
their employees and/or subcontractors who provide contracted services on-site at
HCA facilities must certify that they are fully vaccinated against the COVID-19 virus,
unless properly excepted or exempted for disability or sincerely held religious
beliefs as set forth in the Proclamation. Contractors who cannot so certify are
prohibited from contracting with the state.
4.22.4 Contractor represents and warrants that should their responsibilities to the HCA
involve on-site services as of October 18, 2021 , Contractor's personnel (including
subcontractors) providing such services will be fully vaccinated against the COVID-
19 virus unless properly excepted or exempted for disability or sincerely held
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
18
religious beliefs as set forth in the Proclamation. Contractor further understands
that, upon request, Contractor personnel must provide to HCA proof of vaccination,
in a manner established by the HCA. Failure to meet these requirements may result
in the immediate termination of this Contract.
4.22.5 Failure to comply with any provisions of this section may result in Contract
termination.
4.23 LIMITATION OF AUTHORITY
Only the HCA Authorized Representative has the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore,
any alteration, amendment, modification, or waiver or any clause or condition of this
Contract is not effective or binding unless made in writing and signed by the HCA
Authorized Representative.
4.24 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.
4.25 NONDISCRIMINATION
During the performance of this Contract, the Contractor must comply with all federal and
state nondiscrimination laws, regulations and policies, including but not limited to: Title Vll
of the Civil Rights Act, 42 U.S.C. 512101 et seq.; the Americans with Disabilities Act of
1990 (ADA), 42 U.S.C. 512101 et seq., 28 CFR Part 35; and Title 49.60 RCW,
Washington Law Against Discrimination. ln the event of Contractor's noncompliance or
refusalto comply with any nondiscrimination law, regulation or policy, this Contract may be
rescinded, canceled, or terminated in whole or in part under the Termination for Default
sections, and Contractor may be declared ineligible for further contracts with HCA.
4.26 OVERPAYMENTS TO THE CONTRACTOR
ln the event that overpayments or erroneous payments have been made to the Contractor
under this Contract, HCA will provide written notice to Contractor and Contractor will
refund the full amount to HCA within thirty (30) calendar days of the notice. lf Contractor
fails to make timely refund, HCA may charge Contractor one percent (1Vo) per month on
the amount due, until paid in full. lf the Contractor disagrees with HCA's actions under this
section, then it may invoke the dispute resolution provisions of Section 4.13, Disputes.
4.27 PAY EQUITY
4.27.1 Contractor represents and warrants that, as required by Washington state law
(Engrossed House Bill 1 109, Sec. 21 1), during the term of this Contract, it agrees to
equality among its workers by ensuring similarly employed individuals are
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
19
compensated as equals. For purposes of this provision, employees are similarly
employed if (i) the individuals work for Contractor, (ii) the performance of the job
requires comparable skill, effort, and responsibility, and (iii) the jobs are performed
under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed.
4.27.2 Contractor may allow differentials in compensation for its workers based in good
faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system
that measures earnings by quantity or quality of production; (iv) bona fide job-
related factor(s); or (v) a bona fide regional difference in compensation levels.
4.27.3 Bona fide job-related factor(s)" may include, but not be limited to, education,
training, or experience, that is: (i) consistent with business necessity; (ii) not based
on or derived from a gender-based differential; and (iii) accounts for the entire
differential.
4.27.4 A "bona fide regional difference in compensation level" must be (i) consistent with
business necessity; (ii) not based on or derived from a gender-based differential;
and (iii) account for the entire differential.
4.27 .5 Notwithstanding any provision to the contrary, upon breach of warranty and
Contractor's failure to provide satisfactory evidence of compliance within thirty (30)
Days of HCA's request for such evidence, HCA may suspend or terminate this
Contract.
4.28 PUBLICITY
4.28.1 The award of this Contract to Contractor is not in any way an endorsement of
Contractor or Contractor's Services by HCA and must not be so construed by
Contractor in any advertising or other publicity materials.
4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other
publicity materials relating to this Contract or any Service furnished by Contractor in
which HCA's name is mentioned, language is used, or lnternet 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
prlnt, voice, the Web, and other communication media in existence or hereinafter
developed without the express written consent of HCA prior to such use.
4.29 RECORDS AND DOCUMENT REVIEW
4.29.1 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
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
20
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)(27X8); 42 USc 1396a(a)(37X8); 42 USC 1396a(a)(a2('4'); a2 CFR 431,
Subpart Q; and 42 CFR 447.2021.
4.29.2 The Contractor must retain such records for a period of six (6) years after the date
of final payment under this Contract.
4.29.3 lf 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.
4.30 REMEDIES NON-EXCLUSIVE
The remedies provided in this Contract are not exclusive but are in addition to all other
remedies available under law.
4.31 RIGHT OF INSPECTION
The Contractor must provide right of access to its facilities to HCA, or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance,
compliance , andlor quality assurance under this Contract.
4.32 RIGHTS IN DATA/OWNERSHIP
4.32.1 HCA and Contractor agree that all data and work products (collectively "Work
Product") produced pursuant to this Contract will be considered a work for hire
under the U.S. Copyright Act, 17 U.S.C. 9101 ef 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.
4.32.2 lf 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.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
21
4.32.3 Contractor will execute all documents and perform such other proper acts as HCA
may deem necessary to secure for HCA the rights pursuant to this section.
4.32.4 Contractor will not use or in any manner disseminate any Work Product to any third
party, or represent in any way Contractor ownership of any Work Product, without
the prior written permission of HCA. Contractor will take all reasonable steps
necessary to ensure that its agents, employees, or Subcontractors will not copy or
disclose, transmit or perform any Work Product or any portion thereof, in any form,
to any third party.
4.32.5 Material that is delivered under this Contract, but that does not originate therefrom
("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty-
free, irrevocable license to publish, translate, reproduce, deliver, perform, display,
and dispose of such Preexisting Material, and to authorize others to do so.
Contractor agrees to obtain, at its own expense, express written consent of the
copyright holder for the inclusion of Preexisting Material. HCA will have the right to
modify or remove any restrictive markings placed upon the Preexisting Material by
Contractor.
4.32.6 Contractor must identify all Preexisting Material when it is delivered under this
Contract and must advise HCA of any and all known or potential infringements of
publicity, privacy or of intellectual property affecting any Preexisting Material at the
time of delivery of such Preexisting Material. Contractor must provide HCA with
prompt written notice of each notice or claim of copyright infringement or
infringement of other intellectual property right worldwide received by Contractor
with respect to any Preexisting Material delivered under this Contract.
4.33 RIGHTS OF STATE AND FEDERAL GOVERNMENTS
ln 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
othenruise 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.
4.34 SEVERABILITY
lf 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
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
22
applications of this Contract that can be given effect without the invalid provision, and to
this end the provisions or application of this Contract are declared severable.
4.35 SITE SECURITY
While on HCA premises, Contractor, its agents, employees, or Subcontractors must
conform in all respects with physical, fire or other security policies or regulations. Failure to
comply with these regulations may be grounds for revoking or suspending security access
to these facilities. HCA reserves the right and authority to immediately revoke security
access to Contractor staff for any real or threatened breach of this provision. Upon
reassignment or termination of any Contractor staff, Contractor agrees to promptly notify
HCA.
4.36 SUBCONTRACTING
4.36.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of
the work contemplated under this Contract without prior written approval of HCA.
HCA has sole discretion to determine whether or not to approve any such
subcontract. ln no event will the existence of the subcontract operate to release or
reduce the liability of Contractor to HCA for any breach in the performance of
Contractor's duties.
4.36.2 Contractor is responsible for ensuring that allterms, conditions, assurances and
certifications set forth in this Contract are included in any subcontracts.
4.36.3 lf at any time during the progress of the work HCA determines in its sole judgment
that any Subcontractor is incompetent or undesirable, HCA will notify Contractor,
and Contractor must take immediate steps to terminate the Subcontractor's
involvement in the work.
4.36.4 The rejection or approval by the HCA of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the
Contract, nor be the basis for additional charges to HCA.
4.36.5 HCA has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations,
financial or othenruise, to its Subcontractors.
4.37 SURVIVAL
The terms and conditions contained in this Contract that, by their sense and context, are
intended to survive the completion, cancellation, termination, or expiration of the Contract
will survive. ln addition, the terms of the sections titled Confidential lnformation Protection,
Confidential lnformation Breach - Required Notification, Contractor's Proprietary
lnformation, Disputes, Overpayments to Contractor, Publicity, Records and Documents
Review, Rights in Data/Ownership, and Rights of Sfafe and Federal Governmenfs will
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
23
survive the termination of this Contract. The right of HCA to recover any overpayments will
also survive the termination of this Contract.
4.38 TAXES
HCA will pay sales or use taxes, if any, imposed on the services acquired hereunder.
Contractor must pay all other taxes including, but not limited to, Washington Business and
Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal
property taxes levied or assessed on Contractor's personal property. HCA, as an agency
of Washington State government, is exempt from property tax.
Contractor must complete registration with the Washington State Department of Revenue
and be responsible for payment of all taxes due on payments made under this Contract.
4.39 TERMINATION
4.39.1 Termination for Default
ln 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. lf
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.
ln 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.9., cost of the competitive bidding,
mailing, advedising, and staff time.
lf it is determined that Contractor: (i) was not in default, or (ii) its failure to perform
was outside of its control, fault or negligence, the termination will be deemed a
"Termination for Convenience."
4.39.2 Termination for Convenience
When, at HCA's sole discretion, it is in the best interest of the State, HCA may
terminate this Contract in whole or in part by providing ten (10) calendar days'
written notice. lf 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.
4.39.3 Termination for Nonallocation of Funds
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
24
lf funds are not allocated to continue this Contract in any future period, HCA may
immediately terminate this Contract by providing written notice to the Contractor.
The termination will be effective on the date specified in the termination notice. HCA
will be liable only for payment in accordance with the terms of this Contract for
services rendered prior to the effective date of termination. HCA agrees to notify
Contractor of such nonallocation at the earliest possible time. No penalty will accrue
to HCA in the event the termination option in this section is exercised.
4.39.4 Termination for Withdrawal of Authority
ln the event that the authority of HCA to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior to
normal completion, HCA may immediately terminate this Contract by providing
written notice to the Contractor. The termination will be effective on the date
specified in the termination notice. HCA will be liable only for payment in
accordance with the terms of this Contract for services rendered prior to the
effective date of termination. HCA agrees to notify Contractor of such withdrawal of
authority at the earliest possible time. No penalty will accrue to HCA in the event the
termination option in this section is exercised.
4.39.5 Termination for Conflict of lnterest
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. ln the event this
Contract is so terminated, HCA will be entitled to pursue the same remedies against
the Contractor as it could pursue in the event Contractor breaches the contract.
4.40 TERMINATION PROCEDURES
4.40.1 Upon termination of this Contract, HCA, in addition to any other rights provided in
this Contract, may require Contractor to deliver to HCA any property specifically
produced or acquired for the performance of such part of this Contract as has been
terminated.
4.40.2 HCA will pay Contractor the agreed-upon price, if separately stated, for completed
work and services accepted by HCA and the amount agreed upon by the Contractor
and HCA for (i) completed work and services for which no separate price is stated;
(ii) partially completed work and services; (iii) other property or services that are
accepted by HCA; and (iv) the protection and preservation of property, unless the
termination is for default, in which case HCA will determine the extent of the liability.
Failure to agree with such determination will be a dispute within the meaning of
Section 4.13, Dispufes. HCA may withhold from any amounts due the Contractor
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
25
such sum as HCA determines to be necessary to protect HCA against potential loss
or liability.
4.40.3 After receipt of notice of termination, and except as othenuise directed by HCA,
Contractor must:
4.40.3.1 Stop work under the Contract on the date of, and to the extent specified
in, the notice;
4.40.3.2 Place no further orders or subcontracts for materials, services, or facilities
except as may be necessary for completion of such portion of the work
under the Contract that is not terminated;
4.40.3.3 Assign to HCA, in the manner, at the times, and to the extent directed by
HCA, all the rights, title, and interest of the Contractor under the orders
and subcontracts 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;
4.40,3.4 Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or ratification of
HCA to the extent HCA may require, which approval or ratification will be
final for all the purposes of this clause;
4.40.3.5 Transfer title to and deliver as directed by HCA any property required to
be furnished to HCA;
4.40.3.6 Complete performance of any part of the work that was not terminated by
HCA; and
4.40.3.7 Take such action as may be necessary, or as HCA may direct, for the
protection and preservation of the records related to this Contract that are
in the possession of the Contractor and in which HCA has or may acquire
an interest.
4.41 TREATMENT OF ASSETS
4.41.1 Ownership
HCA shall retain title to all property furnished by HCA to Contractor under this
contract. Title to all property furnished by the Contractor, for the cost of which the
Contractor is entitled to reimbursement as a direct item of cost under this contract,
excluding intellectual property provided by the Contractor, shall pass to and vest in
HCA upon delivery of such property by the Contractor. Title to other property, the
cost of which is reimbursable to the Contractor under this Contract, shall pass to
and vest in HCA upon (i) issuance for use of such property in the performance of
this Contract, (ii) commencement of use of such property in the performance of this
Contract, or (iii) reimbursement of the cost thereof by HCA, in whole or in part,
whichever occurs first.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
26
4.41.2 Use of Property
Any property furnished to Contractor shall, unless otherwise provided herein, or
approved in writing by the HCA Contract Manager, be used only for the
performance of and subject to the terms of this Contract. Contractor's use of the
equipment shall be subject to HCA's security, administrative and other
requirements.
4.41.3 Damage to Property
Contractor shall continuously protect and be responsible for any loss, destruction, or
damage to property which results from or is caused by Contractor's acts or
omissions. Contractor shall be liable to HCA for costs of repair or replacement for
property or equipment that has been lost, destroyed or damaged by Contractor or
Contractor's employees, agents or subcontractors. Cost of replacement shall be the
current market value of the property and equipment on the date of the loss as
determined by HCA.
4.41.4 Notice of Damage
Upon the loss of, destruction of, or damage to any of the property, Contractor shall
notify the HCA Contract Manager thereof within one (1) Business Day and shall
take all reasonable steps to protect that property from further damage.
4.41.5 Surrender of Property
Contractor will ensure that the property will be returned to HCA in like condition to
that in which it was furnished to Contractor, reasonable wear and tear excepted.
Contractor shall surrender to HCA all property upon the earlier of expiration or
termination of this Contract.
4.42 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.
4.43 WARRANTIES
4.43.1 Contractor represents and warrants that it will perform all services pursuant to this
Contract in a professional manner and with high quality and will immediately re-
perform any services that are not in compliance with this representation and
warranty at no cost to HCA.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
27
4.43.2 Contractor represents and warrants that it will comply with all applicable local, State,
and federal licensing, accreditation and registration requirements and standards
necessary in the performance of the Services.
4.43.3 EXECUTIVE ORDER 18-03 - WORKERS', RtcHTS (MANDATORY tNDtVtDUAL
ARBITRATION). Contractor represents and warrants, as previously certified in
Contractor's bid submission, that Contractor does NOT require its employees, as a
condition of employment, to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers. Contractor further represents and
warrants that, during the term of this Contract, Contractor shall not, as a condition of
employment, require its employees to sign or agree to mandatory individual
arbitration clauses or class or collective action waivers.
4.43.4 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.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
28
Attachment 1
Gonfidential Information Security Requirements
1. DEFINITIONS
ln addition to the definitions set out in Section 2 of this Contract K5885 for Medication for Opioid
Use Disorder (MOUD) in Jails Program, the definitions below apply to this Attachment.
a. "Hardened Password" means a string of characters containing at least three of the following
character classes: upper case letters; lower case letters; numerals; and special characters,
such as an asterisk, ampersand or exclamation point.
i. Passwords for external authentication must be a minimum of 10 characters long
ii. Passwords for internal authentication must be a minimum of 8 characters long
iii Passwords used for system service or service accounts must be a minimum of 20
characters long.
b. "Portable/Removable Media" means any Data storage device that can be detached or
removed from a computer and transported, including but not limited to: optical media (e.g.,
CDs, DVDs); USB drives; orflash media (e.9., CompactFlash, SD, MMC).
c. "Portable/Removable Devices" means any small computing device that can be transported,
including but not limited to: handhelds/PDAs/Smartphones; Ultramobile PC's, flash memory
devices (e.9., USB flash drives, personal media players); and laptops/notebool</tablet
computers. lf used to store Confidential lnformation, devices should be Federal lnformation
Processing Standards (FIPS) Level 2 compliant.
d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas
may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a
room, as long as access to the Confidential lnformation is not available to unauthorized
personnel.
e. "Transmitting" means the transferring of data electronically, such as via email, SFTP,
webservices, AWS Snowball, etc.
f. "Trusted System(s)" means the following methods of physical delivery: (1) hand-delivery by a
person authorized to have access to the Confidential lnformation with written
acknowledgement of receipt; (2) United States Postal Service (.USPS') first class mail, or
USPS delivery services that include Tracking, such as Certified Mail, Express Mail or
Registered Mail; (3) commercial delivery services (e.9. FedEx, UPS, DHL) which offer
tracking and receipt confirmation; and (4) the Washington State Campus mail system. For
electronic transmission, the Washington State Governmental Network (SGN) is a Trusted
System for communications within that Network.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
29
3.
g "Unique User lD" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase, or other mechanism, authenticates a user to an
information system.
2. CONFIDENTIAL INFORMATION TRANSMITTING
a. When transmitting HCA's Confidential lnformation electronically, including via email, the
Data must be encrypted using NIST 8OO-series approved algorithms
(http://csrc.nist.oov/publications/PubsSPs.html). This includes transmission over the public
internet.
b. When transmitting HCA's Confidential lnformation via paper documents, the Receiving Party
must use a Trusted System.
PROTECTION OF CONFIDENTIAL INFORMATION
The Contractor agrees to store Confidential lnformation as described
a. Data at Rest:
Data will be encrypted with NIST 80O-series approved algorithms. Encryption keys will
be stored and protected independently of the data. Access to the Data will be restricted
to Authorized Users through the use of access control lists, a Unique User lD, and a
Hardened Password, or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards. Systems which contain or provide
access to Confidential lnformation must be located in an area that is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
ii. Data stored on Portable/Removable Media or Devices
Confidential lnformation provided by HCA on Removable Media will be encrypted
with NIST 80O-series approved algorithms. Encryption keys will be stored and
protected independently of the Data.
a
a
4.
Washington State
Health Care Authority
HCA's data must not be stored by the Receiving Party on Portable Devices or
Media unless specifically authorized within the Data Share Agreement. lf so
authorized, the Receiving Party must protect the Data by:
1. Encrypting with NIST 80O-series approved algorithms. Encryption keys will
be stored and protected independently of the data;
2. Control access to the devices with a Unique User lD and Hardened
Password or stronger authentication method such as a physicaltoken or
biometrics;
3. Keeping devices in locked storage when not in use;
Using check-in/check-out procedures when devices are shared;
30 Description of Services
HCA Contract #K5885
5. Maintain an inventory of devices; and
6. Ensure that when being transported outside of a Secured Area, all devices
with Data are under the physical control of an Authorized User.
b. Paper documents. Any paper records containing Confidential lnformation must be protected
by storing the records in a Secured Area that is accessible only to authorized personnel.
When not in use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
4. CONFIDENTIAL INFORMATION SEGREGATION
HCA Confidential lnformation received under this Contract must be segregated or otheruvise
distinguishable from non-HCA data. This is to ensure that when no longer needed by the
Contractor, all HCA Confidential lnformation can be identified for return or destruction. lt also
aids in determining whether HCA Confidential lnformation has or may have been compromised
in the event of a security Breach.
a. The HCA Confidential lnformation must be kept in one of the following ways:
t.on media (e.9., hard disk, optical disc, tape, etc.) which will contain only HCA Data;
or
in a logical container on electronic media, such as a partition or folder dedicated to
HCA's Data; or
in a database that will contain only HCA Data; or
within a database and will be distinguishable from non-HCA Data by the value of a
specific field or fields within database records; or
when stored as physical paper documents, physically segregated from non-HCA
Data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate HCA Confidential lnformation from non-
HCA data, then both the HCA Confidential lnformation and the non-HCA data with which it
is commingled must be protected as described in this Attachment.
5. CONFIDENTIAL INFORMATION SHARED WITH SUBCONTRACTORS
lf HCA Confidential lnformation provided under this Contract is to be shared with a
Subcontractor, the contract with the Subcontractor must include all of the Confidential
lnformation Security Requirements.
CONFIDENTIAL INFORMATION DISPOSITION
When the Confidential lnformation is no longer needed, except as noted below, the Confidential
lnformation must be returned to HCA or destroyed. Media are to be destroyed using a method
documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html).
il
iv
V
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
6.
31
a. For HCA's Confidential lnformation stored on network disks, deleting unneeded
Confidential lnformation is sufficient as long as the disks remain in a Secured Area and
othenryise meet the requirements listed in Section 3, above. Destruction of the Confidential
lnformation as outlined in this section of this Attachment may be deferred until the disks
are retired, replaced, or othenrvise taken out of the Secured Area.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
32
Schedule A
Statement of Work
1. Purpose.
To provide medication for opioid use disorder (MOUD) in jails to incarcerated individuals who
present with an opioid use disorder (OUD). To support a full MOUD program which includes
the following: an OUD assessment, discussion of MOUD options between the incarcerated
individual and provider, initiation prior to the onset of withdrawal or continuation of MOUD,
release and reentry planning to include connection with continued treatment, same day
release appointment when possible or MOUD to bridge patient until next appointment and
naloxone upon release. Reentry planning may also include assisting the incarcerated
individualwith sign-up of Medicaid, reestablishing Medicaid and connection with the Managed
Care Organizations (MCOs).
Health Equity - This project also intends to address inequities in OUD treatment and recovery
services by providing medically necessary treatment for opioid use disorder to incarcerated
individuals. MOUD in jails programs should understand cultural barriers and provide culturally
appropriate services and recognize the need for inclusion of people with lived experiences in
the development of the MOUD in jails programs. Additionally, this project intends to identify
stigma and educate staff to ensure ongoing collaboration and openness to change.
2. Performance Work Statement.
The Contractor shall ensure funds are responsibly used towards the MOUD program in the
jail/jails and provide the core components or a progressive plan to achieve the core
components which include:
a. FDA approved medication for opioid use disorder (MOUD) must be available and
offered to all incarcerated individuals who present with OUD at intake. lndividuals with
OUD may decline MOUD at any time, but ongoing discussions on MOUD may be
offered.
b. Methadone, buprenorphine, naltrexone should all be offered unless: (a) an opioid
treatment program (OTP) is not within reasonable driving distance from the jail, in
which case the jail is not required to offer methadone as an option; or (b) there is no
available buprenorphine provider in the community to which the patient will likely
release, in which case the jail is not required to offer buprenorphine as an option.
Naltrexone may be provided in oral formulation while the patient is incarcerated, but
injectable long-acting naltrexone must be offered as an option prior to release.
c. MOUD must be continued for those who are already taking MOUD upon entering the
facility. MOUD is continued using the same medication, at the same dose unless
ordered othenrvise by the prescriber based on clinical need (documented in the
patient's medical record) with the exception of injectable long-acting naltrexone which
may be converted to an equivalent oral dose untiljust prior to release and the
injectable form is restarted. Methadone may be transitioned to buprenorphine if the jail
is not a licensed opioid treatment program (OTP) and the nearest OTP is not within
reasonable driving distance from the jail. The presence of other illicit or controlled
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
33
substances should not result in discontinuation of MOUD (consistent with the 2020
ASAM National Practice Gu ideline for the Treatment of Ooioid Use Disorder)
d. Assessing for risk of acute withdrawal must be done upon intake. Assessing for opioid
use disorder (OUD) absent a risk of acute withdrawal must also be done, but it may be
done after intake, as long as the delay does not impair the ability to begin treatment
prior to release. The incarcerated individual must be educated on treatment choices
and the process for continuation of access to MOUD, during incarceration, and upon
release. (See resources for validated tool suggestions.)
e. lndividuals entering the facility who are physically dependent on opioids, must be
offered MOUD treatment; withdrawal (including withdrawal using buprenorphine or
methadone) is not acceptable unless the patient provides an informed refusal of
treatment or the patient elects MOUD treatment with naltrexone, in which case
withdrawal is clinically required. Use of other medications (clonidine, anti-emetics, anti-
diarrheals, analgesics) may be used as adjuncts or may be used in place of opioid
agonist or partial agonist if the individual so chooses, but they may not be the only
withdrawal treatment available.
f. Methadone and buprenorphine must be administered daily or more frequently.
Alternate-day ("Balloon") dosing of buprenorphine may be used in rare cases based on
a clinical need, the decision for which is arrived at jointly between the healthcare
provider and patient and is well-documented in the patient's medical record.
g. Release planning and reentry coordination completed as soon as possible to ensure an
effective plan is in place prior to release or in the event of an unexpected release of an
incarcerated individual who needs continued treatment and services.
h. Provide at least 2 doses of naloxone and naloxone administration training to all
incarcerated individuals with OUD upon release.
i. Schedule the first community appointment with a treatment facility.
j. Provide - in hand upon release and at no cost to the individual - sufficient doses of
MOUD to bridge patient until scheduled MOUD follow-up appointment at community
treatment facility (does not apply to patients treated with injectable MOUD).
i. lndividuals who are at risk of being released directly from court are informed,
prior to going to court, that they may request to be transported back to the jail
by staff to receive these medications prior to going home.
ii. ln situations where an appointment cannot be made, e.g., after-hours bail-out,
resident is given enough medication to last until the next available appointment
at the community treatment facility. lf that date is unknown, the individual is
given a minimum of a7-day supply.
iii. ln situations where medications cannot be provided upon release, e.g.,
unscheduled release at a time when medical staff are not present in the jail, the
individual is informed that he/she may either return to the jail in the morning to
receive bridge medications or, if no medical staff are present the following day,
will have a prescription for the same bridging medication called to a local
pharmacy, at no cost to the individual.
k. Ensure policies and procedures are in place to mitigate medication diversion.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
34
3. Scope of Work Activities.
a. Kittitas County Jail will achieve the core components of the MOUD program through
the following activities:
i. Purchase of MOUD: buprenorphine (Suboxone) and Sublocade. Purchasing
and storage of all MOUD must follow the laws and rules pertaining to locked
storage of controlled substances and any pharmacy or prescription laws that
pertain.
ii. An MOUD clerical position will be hired with expertise in the health care system
to support the program reporting and data collection requirements and assist
the program manager. This position will also develop the operation of the new
electronic medical file system.
iii. Technology improvements: an electronic medicalfile system, startup, monthly
subscription, and server. This system will replace various systems including the
outdated and inefficient use of paper files for medical records. This system will
allow for Kittitas County Jail to collect and share data for reporting
requirements.
iv. Tablets and cases for telehealth services, video conferencing and workstation
technology and supplies for staff specific to this program. Three medication
carts will also be purchased for each facility area.
v. Work collaboratively with the University of Washington Addictions, Drug and
Alcohol lnstitute (ADAI) technical assistance staff to identify training needs and
participate in peer{o-peer and educational learning opportunities.
b. Kittitas County Jail is enhancing the current MOUD program with this funding. The
improvements made will allow for staff to be more effective in improving the standard of
care and implementation of the core components of this contract.
4. Data Gollection.
a. Participation requires performance monitoring activities, including requiring timely and
accurate data reporting to the Health Care Authority, Division of Behavioral Health and
Recovery (HCA DBHR). Further evaluation, including on- and off-site data collection
may be conducted by HCA DBHR or a third-party.
b. ln FY2022 the contractor will submit a monthly report, template provided by HCA
DBHR, by the 1Oth day of the month with the following information for the previous
month:
i. total # of bookings in the jail
ii. -# of individuals booked who were assessed for OUD (including those at risk
and not at risk for acute withdrawal from opioids)
iii. -# of the individuals above who were started on MOUD immediately
iv. -# of the individuals above who were started on MOUD prior to release, but not
immediately upon booking
v. -# of individuals booked who reported being currently on MOUD in the
community
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
35
vi. -# of the individuals above for whom MOUD was continued without interruption
vii. -# of individuals with OUD who were provided naloxone and naloxone training
prior to release
c. ln FY2023 an evaluation of the program will require more data to be collected in order
to establish the effectiveness of the program, highlight successes, and emphasize
barriers and gaps so that program improvements can be made. This section will be
amended for FY2023.
5. Contract ManagemenUAccounting.
a. Submit invoices for payment, ensure specific tools, such as job descriptions, policies
and procedures, and statements of work, are developed, and staff are adequately
trained on these tools, to ensure consistent and appropriate practice.
b. Attend monthly meetings with HCA DBHR program administrator to discuss project
contract requirements, compliance, problem-solving and attend trainings. Attend
additional meetings as required or deemed necessary by the HCA DBHR program
administrator.
c. Contractor will cooperate with periodic site visits by the HCA DBHR program
administrator or designee and make all relevant records and personnel available.
d. Submit a monthly report as detailed in the Deliverables Table with the invoice to the
HCA DBHR program administrator.
FY 2022 Contract Del iverables Table
Activity Deliverable Due Date Payment
Submit monthly
progress reports
with A-19 invoice
Report must include:
report described in
Section 4b above,
status of hiring staff,
status of MOUD
purchases and other
supplies requested in
the budget, core
components (Section 2)
being met or progress
towards meeting the
core components,
barriers and successes,
technical assistance
and training
participation, staff
changes and additional
information as needed.
Monthly
Reports due on the
1Oth of every month
beginning with April
10,2022.
Cost reimbursement of
monthly incurred
expenses. A-19 should
be submitted monthly
with the monthly report
as deliverable. Total
payment for March 1,
2022 - June 30,2022
shall not exceed
$271,035
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
36
6. Billing and Payment.
a. This contract total is for $271,035 and is for services rendered between March 1, 2022
and June 30,2022.
b. lnvoice System. The Contractor shall submit invoices using State Form A-19 lnvoice
Voucher, or such other form as designated by HCA. Consideration for services
rendered shall be payable upon receipt of properly completed invoices which shall be
submitted to the program administrator, Rachel Meade,Rachel. meade@hca.wa.qov
by the Contractor monthly. The invoices shall describe and document to HCA's
satisfaction a description of the work performed, activities accomplished, the progress
of the project, and fees. Payments shall be in accordance with delivery and approval of
deliverables as outlined in the Deliverables Table.
c. Payment. Payment shall be considered timely if made by HCA within thirty (30) days
after receipt and acceptance by HCA of the properly completed invoices. Payment
shall be sent to the address designated by the Contractor on page one (1) of this
Contract. HCA may, at its sole discretion, withhold payment claimed by the Contractor
for services rendered if Contractor fails to satisfactorily comply with any term or
condition of this Contract.
d. Claims for payment submitted by the Contractor to HCA for amounts due and payable
under this agreement that were incurred prior to the expiration date shall be paid by
HCA if received by HCA within 90 days after the expiration date.
e. HCA shall not reimburse the Contractor for any fees and expenses which exceed the
maximum consideration of this contract.
Washington State
Health Care Authority
Description of Services
HCA Contract #K5885
37
L Purpose. To provide medication for opioid use disorder (MOUD) in jails to incarcerated individuals who present
with an opioid use disorder (OUD). To support a full MOUD program which includes the following: an OUD
assessment, discussion of MOUD options between the incarcerated individual and provider, initiation prior to
the onset of withdrawal or continuation of MOUD, release and reentry planning to include connection with
continued treatment, same day release appointment when possible or MOUD to bridge patient until next
appointment and naloxone upon release. Reentry planning may also include assisting the incarcerated individual
with sign-up of Medicaid, reestablishing Medicaid and connection with the Managed Care Organizations
(MCos).
Health Equity - This project also intends to address inequities in OUD treatment and recovery services by
providing medically necessary treatment for opioid use disorder to incarcerated individuals. MOUD in jails
programs should understand cultural barriers and provide culturally appropriate services and recognize the need
for inclusion of people with lived experiences in the development of the MOUD in jails programs. Additionally,
this project intends to identify stigma and educate staff to ensure ongoing collaboration and openness to
change.
2. Performance Work Statement. The Contractor shall ensure funds are responsibly used towards the MOUD
program in the jail/ails and provide the core components or a progressive plan to achieve the core components
which include:
a. FDA approved medication for opioid use disorder (MOUD) must be available and offered to all
incarcerated individuals who present with OUD at intake. lndividuals with OUD may decline MOUD at
any time, but ongoing discussions on MOUD may be offered.
b. Methadone, buprenorphine, naltrexone should all be offered unless: (a) an opioid treatment program
(OTP) is not within reasonable driving distance from the jail, in which case the jail is not required to offer
methadone as an option; or (b) there is no available buprenorphine provider in the community to which
the patient will likely release, in which case the jail is not required to offer buprenorphine as an option.
Naltrexone may be provided in oral formulation while the patient is incarcerated, but injectable long-
acting naltrexone must be offered as an option prior to release.
c. MOUD must be continued for those who are already taking MOUD upon entering the facility, MOUD is
continued using the same medication, at the same dose unless ordered otherwise by the prescriber
based on clinical need (documented in the patient's medical record) with the exception of injectable
long-acting naltrexone which may be converted to an equivalent oral dose until just prior to release and
the injectable form is restarted. Methadone may be transitioned to buprenorphine if the jail is not a
licensed opioid treatment program (OTP) and the nearest OTP is not within reasonable driving distance
from the jail. The presence of other illicit or controlled substances should not result in discontinuation of
MOUD (consiste
Use Disorder).
d. Assessing for risk of acute withdrawal must be done upon intake. Assessing for opioid use disorder
(OUD)absent a risk of acute withdrawal must also be done, but it may be done after intake, as long as
the delay does not impair the ability to begin treatment prior to release. The incarcerated individual
must be educated on treatment choices and the process for continuation of access to MOUD, during
incarceration, and upon release. (See resources for validated tool suggestions,)
e. lndividuals entering the facility who are physically dependent on opioids, must be offered MOUD
treatmenU withdrawal (including withdrawal using buprenorphine or methadone) is not acceptable
unless the patient provides an informed refusal of treatment or the patient elects MOUD treatment with
naltrexone, in which case withdrawal is clinically required. Use of other medications (clonidine, anti-
emetics, anti-diarrheals, analgesics) may be used as adjuncts or may be used in place of opioid agonist
or partial agonist if the individual so chooses, but they may not be the only withdrawal treatment
available.
f. Methadone and buprenorphine must be administered daily or more frequently. Alternate-day
("Balloon") dosing of buprenorphine may be used in rare cases based on a clinical need, the decision for
nt with the 2020 ASAM National Practice Gu eline for the Treatment of Opioid
which is arrived at jointly between the healthcare provider and patient and is well-documented in the
patient's medical record.
g. Release planning and reentry coordination completed as soon as possible to ensure an effective plan is
in place prior to release or in the event of an unexpected release of an incarcerated individual who
needs continued treatment and services.
h. Provide at least 2 doses of naloxone and naloxone administration training to all incarcerated individuals
with OUD upon release.
i. Schedule the first community appointment with a treatment facility.
j. Provide - in hand upon release and at no cost to the individual - sufficient doses of MOUD to bridge
patient until scheduled MOUD follow-up appointment at community treatment facility (does not apply
to patients treated with injectable MOUD).
i. lndividuals who are at risk of being released directly from court are informed, prior to going to
court, that they may request to be transported back to the jail by staff to receive these
medications prior to going home.
ii. ln situations where an appointment cannot be made, e.g., after-hours bail-out, resident is given
enough medication to last until the next available appointment at the community treatment
facility. lf that date is unknown, the individual is given a minimum of a 7-day supply,
iii. ln situations where medications cannot be provided upon releas€, €.g., unscheduled release at a
time when medicalstaff are not present in the jail, the individualis informed that he/she may
either return to the jail in the morning to receive bridge medications or, if no medical staff are
present the following day, will have a prescription for the same bridging medication called to a
local pharmacy, at no cost to the individual.
k. Ensure policies and procedures are in place to mitigate medication diversion.
3. Scope of Work Activities.
a. Kittitas County Jail will achieve the core components of the MOUD program through the following
activities:
i. Purchase of MOUD: buprenorphine (Suboxone) and Sublocade. Purchasing and storage of all
MOUD must follow the laws and rules pertaining to locked storage of controlled substances and
any pharmacy or prescription laws that pertain.
ii. An MOUD program manager will be hired with expertise in the health care system to support
the program reporting and data collection requirements. The program manager will also
develop the operation of the new electronic medical file system.
iii. Technology improvements: an electronic medical file system, startup, monthly subscription, and
server. This system will replace various systems including the outdated and inefficient use of
paper files for medical records. This system will allow for Kittitas County iail to collect and share
data for reporting requirements.
iv. Tablets and cases for telehealth services, video conferencing and workstation technology and
supplies for staff specific to this program. Three medication carts will also be purchased for each
facility area.
v, Work collaboratively with the University of Washington Addictions, Drug and Alcohol lnstitute
(ADAI)technical assistance staff to identify training needs and participate in peer-to-peer and
educational learning opportunities.
b. Kittitas County Jail is enhancing the current MOUD program with this funding. The improvements made
will allow for staff to be more effective in improving the standard of care and implementation of the
core components of this contract.
4. Data Collection.
a. Participation requires performance monitoring activities, including requiring timely and accurate data
reporting to the Health Care Authority, Division of Behavioral Health and Recovery (HCA DBHR). Further
evaluation, including on- and off-site data collection may be conducted by HCA DBHR or a third-party.
b. ln FY2022 the contractor will submit a monthly report, template provided by HCA DBHR, by the 10th day
of the month with the following information for the previous month:
i. -total # of bookings in the jail
ii. -# of individuals booked who were assessed for OUD (including those at risk and not at risk for
acute withdrawal from opioids)
iii. -# of the individuals above who were started on MOUD immediately
iv. -# of the individuals above who were started on MOUD prior to release, but not immediately
upon booking
v. -# of individuals booked who reported being currently on MOUD in the community
vi, -# of the individuals above for whom MOUD was continued without interruption
vii. -# of individuals with OUD who were provided naloxone and naloxone training prior to release
c. ln FY2023 an evaluation of the program will require more data to be collected in order to establish the
effectiveness of the program, highlight successes, and emphasize barriers and gaps so that program
improvements can be made. This section will be amended for FY2023.
5. Contract Management/Accounting.
a. Submit invoices for payment, ensure specific tools, such as job descriptions, policies and procedures,
and statements of work, are developed, and staff are adequately trained on these tools, to ensure
consistent and appropriate practice.
b. Attend monthly meetings with HCA DBHR program administrator to discuss project contract
requirements, compliance, problem-solving and attend trainings. Attend additional meetings as required
or deemed necessary by the HCA DBHR program administrator.
c. Contractor will cooperate with periodic site visits by the HCA DBHR program administrator or designee
and make all relevant records and personnel available.
d. Submit a monthly report as detailed in the Deliverables Table with the invoice to the HCA DBHR program
administrator.
6. Billing and Payment.
a. This contract total is for 5271,035 and is for services rendered between the execution date and June 30,
2022.
b. lnvoice System. The Contractor shall submit invoices using State Form A-19 lnvoice Voucher, or such
other form as designated by HCA. Consideration for services rendered shall be payable upon receipt of
properly completed invoices which shall be submitted to the program administrator, Rachel Meade,
Rachel.meade@hca.wa.gov. by the Contractor monthly. The invoices shall describe and document to
HCA's satisfaction a description of the work performed, activities accomplished, the progress of the
FY2O22 Contract Del ivera bles Table
Activity Deliverable Due Date Payment
Submit monthly
progress reports
with A-19 invoice
Report must include:
report described in
Section 4b above, status
of hiring staff, status of
MOUD purchases and
other supplies requested
in the budget, core
components (Section 2)
being met or progress
towards meeting the core
components, barriers and
successes, technical
assistance and training
participation, staff
changes and additional
information as needed.
Monthly:
Reports due on the
10th of every month
beginning with April
!0,2022.
Cost reimbursement of
monthly incurred
expenses. A-19 should
be submitted monthly
with the monthly report
as deliverable. Total
payment for March 1,
2022- lune3O,2022
shall not exceed
$ztt,o3s
\
project, and fees. Payments shall be in accordance with delivery and approval of deliverables as outlined
in the Deliverables Table.
c. Payment. Payment shall be considered timely if made by HCA within thirty (30) days after receipt and
acceptance by HCA of the properly completed invoices. Payment shall be sent to the address designated
by the Contractor on page one (1) of this Contract. HCA may, at its sole discretion, withhold payment
claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term
or condition of this Contract.
d. Claims for payment submitted by the Contractor to HCA for amounts due and payable under this
agreement that were incurred prior to the expiration date shall be paid by HCA if received by HCA within
90 days after the expiration date.
e. HCA shall not reimburse the Contractor for any fees and expenses which exceed the maximum
consideration of this contract.
Funds for MOUD and will support anelectronic med file system,medication carts, program manager,video conferencing supplies,increased technology.S 33,47s.00S 82,soo.oo5 82,s00.00s18,500.001.800.0018,000.001.600.0c520.00140.004,000.005,000.0021.000.002,000.003 Med Carts at 57000 a pieceSalary and Benefits (FTEs)SubcontractsMoUD (Bup)SublocadeNaloxoneTechnology lmprovementsElectronic Med File Svstem Start UpElectronic Med File Monthly Subscription at 5400 amonthServer for Electronic Med File System4 tablets in rugged cases for Telehealth Services1 Desk Phone with Video Conf Capabiliw CostDesk Phone Monthly Subscription at S30 a month2 Desktop computers and monitors for MOUD staffand filingO,ffice SuppliesGeneral Supplies2 desk and chairs for MOUD staffTotalS 271,03s.005s 86.600"00ss5,000.00400.00o.ocssSalary and Benefits (FTEs)SubcontractsMOUD (Bup)SublocadeNaloxoneTechnolosy lmprovementsElectronic Med File Monthly Subscription at 5400 amonthDesk Phone Monthly Subscription at S30 a monthOffice SuppliesGeneral Supplieslndirect CostOtherTotalS gaooo.oomoved to FY2o22