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HomeMy WebLinkAboutGrant Administration Agreement between KCHN and KCPHD5 .'V Kittitas County °� r Review Form- fit 7"1'I'I'.1ti f lj•!'f"1 Grants & Contract Agreement Today's Date 12/08/2022 PA Camas Request #: Fund/Department Agenda Date: r 1 J 116 -Public Health Contract/Grant Information Contract /Grant Agency: Grant Administration Contract between Kittitas County Health Network and Kittitas County Public Health a Period Begin Date: 09/01/2022 Period End Date: 08/31/2025 Total Grant/Contract Amount: $123,000.00 Grant/Contract Number: Contract/Grant Summary: The Kittitas County Health Network was awarded and manages that certain Health Resources and Services Administration Rural Communities Opioid Response Program (RCORP) Implementation Grant for the management of the Grant within the Managers jurisdiction. o The purpose of the Grant is to reduce the morbidity and mortality of substance use disorder, including Opioid Use Disorder in rural communities by strengthening and expanding prevention, treatment, and recovery. o This includes increasing community access to Naloxone, conduct HIV and Hepatitis screenings at the syringe services program, and connect syringe service clients with prevention, harm reduction, early intervention, treatment, and other services. Recommendation for Board of Health Review on Department Head Signature: _ Director Date: Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVE DASaTO FORM:" , , Signature of Prosecu ar's Offc Date Signature of Auditor's Office Daie Verification the Contracting Agency is not Suspended/Disbarred: ® Agency is not suspended/disbarred ❑ Not Checked (reason) Grant/Contract Review Page 1 Financial Information Total Amount NTE $123,000.00 State Funds $ Federal Funds NTE $123,000.00 Percentage County Funds Matching Funds $ CFDA# 93.421 In -Kind $ Explain Is Equipment being purchased? Who owns equipment? New Personnel being hired? Contact HR hiring — reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed? New Division Created? Revenue Code Expense Code(s) Pass Through Information Agency to Pass Through Amount to Pass Through Sub -Contract Approved Date: Yes ❑ attach budget form No W Why not Already Budgeted 116.612.92.337.62 612.92 / 612.35 / 612.40.2 (51001,52001,50098,54702) Prosecutor Review Has the Prosecutor reviewed this agreement? Yes El No ❑ County Departments Impacted Auditor Information Services Prosecutor BOCC Approval Needed? Yes ❑ Staff Member Presenting: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application Reviewer Facilities Maintenance Human Resource Treasurer Grant/Contract Review Page 2 GRANT ADMINISTRATION CONTRACT Between Kittitas county Health Network And Kittitas County Public Health Department THIS GRANT ADMINISTRATION CONTRACT ("Contract") is entered into by and between Kittitas County Health Network ("Manager") and Kittitas County Public Health Department ("Contractor") effective September 1, 2022 ("Effective Date") and, unless earlier terminated, terminate on August 31, 2025 ("Termination Date") RECITALS A. Kittitas County Health Network has been awarded a Health Resources and Services Administration Rural Communities Opioid Response Program (RCORP) Implementation Grant ("Grant") for management of the Grant within Manager's jurisdiction. The purpose of the Grant is to reduce the morbidity and mortality of Substance Use Disorder (SUD), including Opioid Use Disorder (OUD) in rural communities by strengthening and expanding SUD/OUD prevention, treatment, and recovery services. B. Contractor possesses specific skills in contributing to prevention, treatment, and recovery services for SUD/OUD as set forth in the Grant. C. Manager desires to engage the services of Contractor to provide Services for Kittitas County Opioid Use Disorder Prevention, Treatment, and Recovery Project ("Project") as defined in Exhibit 2 "Services & Deliverables", incorporated herein by this reference, and subject to the terms and conditions as required by Manager under this Contract, pursuant to the terms and conditions in the "Health Resources and Services Administration (HRSA) Notice of Award Authorization" as defined in Exhibit 1, incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual benefits and burdens as set forth below, the receipt and sufficiency of which are hereby acknowledged, Manager and Contractor agree as follows: 1. Project Scope of Work, Contractor will be responsible for assisting with the administration of the Grant activities and services in Kittitas County, over which Manager has jurisdiction as set forth in the Grant ("Services"). Contractor agrees to increase community access to Naloxone, provide training on Naloxone, conduct HIV and Hepatitis screenings at the syringe service program, and connect syringe service clients with prevention, harm reduction, early intervention, treatment, and other support services, conduct harm reduction education. 2. Deliverables and Schedule. Contractor shall promptly and effectively deliver to Manager the "Deliverables" at the times identified by Manager in Exhibit 2 "Services & Deliverables". 3. Fees and Payment. Conditioned upon and in consideration of Contractor's timely, full and faithful performance of the Services and timely submission of Deliverables as stated in Exhibit 2 "Services & Deliverables", and timely, full and faithful performance of all terms and conditions of this Contract, Manager agrees to pay Contractor "Contractor's Fees" on the dates listed on the attached Exhibit 3 "Contractor's Fees", incorporated herein by this reference. All requests for payments for Contractor's Fees will be remitted by Contractor to Manager at the Manager Payment Contact as stated in Exhibit 3 following receipt of an invoice for Services rendered during the preceding quarter, along with supporting documentation, submitted not laterthan the Invoice Deadline Dates as set forth in Exhibit 3. 4. Termination. This Contract may be terminated by Contractor upon Thirty (30) days written notice to the Manager upon Manager's material breach of this Contract. Manager may terminate this Contract upon not less than Ten (10) days written notice to Contractor, in Manager's discretion. 5. Works For Hire Protected Heaith Information. All nonprotected, public research, findings, formulas and statistics that arise out of or are related to this Contract shall be considered "works for hire" (as defined in 17 U.S.C. §101) and shall be considered assigned and irrevocably licensed to Manager, and, if not protected, in and part of the public domain. Contractor hereby knowingly and voluntarily assigns any and all intellectual property that results out of or is related to this Contract and the Services to Manager. At all times, including after termination of this Contract, secure and forbid disclosure of protected health information and comply with all provisions of the Health Insurance Portability and Accountability Act ("HIPAA" found at 45 CFR Part 160 and 164) and the HIPAA Privacy Rules and Security Rules promulgated thereunder. 6. Notices. With exception to the Manager Payment Contact, any and all Notices required hereunder shall be to the persons and at the places as identified on the attached Exhibit 4, incorporated herein by this reference. Manager and Contractor may change the Notice contact person or address effective the date as set forth on a Notice of change of contact person/place to the other party. 7. Miscellaneous: Time is specifically declared to be of the essence. Manager and Contractor agree to cooperate fully in all matters related to or arising out of this Contract. This Contract was written by Manager and has been submitted to the scrutiny of Contractor and Contractor's legal counsel and shall be given a fair and reasonable interpretation, without consideration or weight being given to one of the parties. If Contractor has not submitted this Contract to the scrutiny of its legal counsel, Contractor stipulates, despite having the opportunity to do so, Contractor has waived the same, and elected to proceed without the benefit of legal review. Waiver by any party of a breach of any covenant, agreement or undertaking contained herein shall be made only by written waiver, and no such waiver shall operate or be construed as a waiver of any prior or subsequent breach of the same covenant, agreement or undertaking. Except as otherwise specifically provided herein, the exercise of any remedy provided by law or otherwise and the 0 0 10 provisions of this Contract for any remedy, shall not exclude any other remedy. Manager and Contractor execute this Contract solely as parties in a contractual agreement. No partnership, joint venture or joint undertaking shall be construed from these presents, and no third party may rely upon any provision of this Contract for its direct benefit except as provided herein. This Contract is deemed entered into in the Washington County in which Manager's office is situated and shall be governed under the laws of the State of Washington. The parties hereto understand and agree that they each have a duty to act in good faith on each and every term and condition of this Contract. Every duty and every act which must be performed under this Contract imposes an obligation of good faith in its performance or enforcement unless discretion is otherwise allocated to one of the parties hereto. The parties agree that this Contract is the entire agreement between the parties, that all preceding and contemporaneous oral and written statements, representations and warranties, whether consistent or inconsistent herewith, are agreed to be of no force and effect unless expressly stated herein. In that regard, Manager and Contractor stipulate that each and every provision of this Contract has been fairly bargained for, that the execution of this Contract memorializes the intent of Manager and Contractor after thoughtful consideration of all risks and knowingly and voluntarily assumed such risks. This Contract shall only be supplemented or modified in a signed writing by Manager and Contractor. Manager and Contractor warrant that no commissioned merchant, broker, agent, consultant, or similar person or entity has assisted in procuring this Contract and that no broker or agent is entitled to any commissions or fees. All exhibits, attachments and schedules are hereby incorporated herein by this reference as if fully set forth herein. The parties agree that their signatures that are remitted electronically to each other shall, when accumulated, operate as originals. This Contract may be executed in counterparts. Public Disclosure: Manager acknowledges that the Contractor may be required to disclose records that are subject to the Public Records Act. Disputes: Differences between the Contractor and the Manager, arising under and by virtue of the Agreement Documents shall be brought to the attention of the Manager at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Manager shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Manager, or (2) the happening of any event or occurrence, unless the Contractor has given the Manager a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the Manager. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 11. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the Manager, the Contractor has given the Manager a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 12. BY SIGNING BELOW ON BEHALF OF THE RESPECTIVE ENTITIES, CONTRACTOR AND MANAGER HEREBY CONSENT TO ELECTRONIC TRANSMISSION COMMUNICATIONS FOR ANY AND ALL NOTICES AND DISSEMINATION OF CONTRACT BUSINESS. Maier: Signature: Printed Name: Title: Date: Contractor: Signature:_ Printed Name:— Title:— Date: ame:Title:Date: LIST OF EXHIBITS Exhibit 1- Health Resources and Services Administration (HRSA) Notice of Award Authorization Exhibit 2 -Services & Deliverables Exhibit 3 -Contractors' Fees Exhibit 4 -Primary contacts for agreement Exhibit 1- Health Resources and Services Administration (HRSA) Notice of Award Authorization 1. 45 CFR Part 75 applies to all federal funds associated with the award. Part 75 has been effective since December 26, 2014. All references to prior OMB Circulars for the administrative and audit requirements and the cost principles that govern Federal monies associated with this award are superseded by the Uniform Guidance 2 CFR Part 200 as codified by HHS at 45 CFR Part 75. 2. All post -award requests, such as significant budget revisions or a change in scope, must be submitted for approval by the Manager. 3. Contractor should make a good faith effort to identify and coordinate projects with other RCORP and federal grants working in the same HRSA-designated rural area to ensure there is no duplication of effort and that RCORP funds are maximized. 4. Consortia must make progress towards completing all foundational, prevention, and treatment and recovery core activities outlined in the Notice of Funding Opportunity during each year of the three-year grant. Note that activities do not need to be completed until the end of the period of performance. 5. FY 2022 RCORP-Implementation grant recipients must identify and coordinate projects with other FY 2020 or FY 2021 RCORP Implementation grantees working in the same HRSA- designated rural area to ensure there is no duplication of effort and that RCORP funds are maximized. Please see the Notice of Funding Opportunity (pp. 30-1) for more information. 6. If the Contractor is planning to use grant funds for minor renovations or alterations, contingency management, or purchases or leases of mobile units or vehicles, prior approval must be received from the Manager. 7. Contractor will provide Manager with updates on their staffing plans, consortium membership, and other SUD/OUD funding leveraged during the period of performance in order to ensure program compliance. 8. For any given staff member, Contractors are not permitted to bill more than 1.0 fulltime equivalent (FTE) across Federal awards. This applies to both the applicant organization and any consortium member receiving RCORP grant funds. Contractor will be required to submit biannual data specific to the grant. Contractor should ensure that they have adequate staffing and resources devoted to collecting, monitoring, and reporting data/information to Manager in a timely manner. 10. Grant recipients are required to allocate the award amount over a three-year period of performance. 11. Grant recipients must exclusively target rural service areas, as defined by the Rural Health Grant Eligibility Analyzer (https://data.hrsa.gov/tools/rural-health). 12. Grant recipients may use grant funds to purchase telehealth equipment. It is also allowable for a provider to be located in an urban facility, but serving patients in HRSA-designated rural areas through telemedicine so long as the target patient population is exclusively rural, as defined by the HRSA Rural Health Grants Eligibility Analyzer. 13. Contractor is required to have the necessary policies, procedures, and financial controls in place to ensure that your organization complies with all legal requirements and restrictions applicable to the receipt of federal funding, per HRSA Standard Terms (https://www.hrsa.gov/grants/standard-terms) and Legislative Mandates (https://www.hrsa.gov/sites/default/files/hrsa/grants/manage/grants-policy-bulletin-2022- apr.pdf). The effectiveness of these policies, procedures, and controls is subject to audit. Exhibit 2 -Services & Deliverables The Services, Deliverables and Schedule for delivery to Manager are described below and shall commence on the Effective Date. Contractor shall implement the following work plan and collect the corresponding measures found in the Kittitas County Opioid Response Strategic Plan and the work plan for the HRSA Rural Communities Opioid Response Program implementation Grant. Required Grant Activity Increase access to naloxone within the target rural service area and provide training on overdose prevention and naloxone administration for community members likely to respond to an overdose. Identify and screen individuals at risk for SUD/OUD and co-occurring disorders/infectious complications and provide, or make referrals to, prevention, harm reduction, early intervention, treatment, and other support services. SERVICES & DELIVERABLES Strategies • Distribute naloxone at local syringe service programs in Ellensburg and in Cie Elum. • Provide training on naloxone use. Conduct HIV and hepatitis screenings at syringe service program. * Make referrals to prevention, harm reduction, early intervention, treatment, and other support services. Measures • Provide services 2 days per week in Ellensburg and on demand services in upper county. • All syringe exchange participants will receive training with naloxone distribution. At least 2 organizations per year will also be trained on _ naloxone use. * Testing options are available and increased. • Referrals are made to support treatment and recovery efforts. Additional Deliverables required by the Manager, in addition to those set forth in the Grant, are as follows: 1. Participate in Kittitas County Health Network's (KCHN's) monthly Substance Use Response Group meetings and/or monthly Leadership Council meetings. 2. Participate in task forces addressing barriers to recovery (housing, transportation, child care, etc.) 3. Provide quarterly reports summarizing progress on each activity in the above work plan, providing data for the measures, and providing any other requested data. Quarterly reports will be due on the same dates as the Invoice Deadline Dates listed in Exhibit 3. Exhibit 3 -Contractor's Fees The total hours of work required and any costs incurred to complete the Project and the activities listed in Exhibit 1 are the responsibility of Contractor for the Contractor's Fees. No costs will be compensated outside of those included in the Contractor's Fees as set forth below unless by prior written approval of Manager, in Manager's sole discretion. For Contractor's Fees for Contractor's Services, conditioned upon the timely and effective communication of all Deliverables in accordance with their respective Schedule, Manager shall pay Contractor the Contractor's Fees as set forth below: In consideration for satisfactory performance of these Services as outlined in Exhibit A, Manager agrees to pay Contractor $123,000 in twelve (12) equal quarterly payments of $10,250 each between September 1st, 2022 and August 31st, 2025 based upon the completion of deliverables and satisfactory progress on the work plan. Payments will be remitted following receipt of an invoice for services along with supporting back up documentation of expenditures. Acceptable expenditures shall be salaries and benefits. Please send invoices and reports to the Manager Payment Contact listed below: Name: Robin Read, KCHN Executive Director Address: 116 W. 6t" Ave #393, Ellensburg, WA 98926 Email: robin Phealthierkittitas,or Invoice Deadline Dates: December 25, 2022 (for September 1 -November 30, 2022) March 25, 2023 (for December 1, 2022 -February 28, 2023) June 25, 2023 (for March 1 -May 31, 2023) September 25, 2023 (for June 1 -August 31, 2023) December 25, 2023 (for September 1 -November 30, 2023) March 25, 2024 (for December 1, 2023 -February 28, 2024) June 25, 2024 (for March 1 -May 31, 2024) September 25, 2024 (for June 1 -August 31, 2024) December 25, 2024 (for September 1 -November 30, 2024) March 25, 2025 (for December 1, 2024 -February 28, 2025) June 25, 2025 (for March 1 -May 31, 2025) September 25, 2025 (for June 1 -August 31, 2025) Exhibit 4 -Primary contacts foragreement Contact Person/Place-Manager Name: Alicia Ogren, Kittitas County Health Network Address: 110 W. 6th Avenue PMB #393, Ellensburg WA 98926 Email: aliciao@healthierkittitas.or� Contact Person/Place-Contractor Name: Kate Johnson, Kittitas County Public Health Department Address: 507 N Nanum St Suite 102, Ellensburg, WA 98926 Email: kate.mohnson co.kittitas.wa.us