HomeMy WebLinkAboutContract between KCHN and KCPHDGRANT AD M I N ISTRATION CONTRACT
Between
Kittitas county Health Network
And
Kittitas County Public Health Department
THIS GRANT ADMINISTRATION CONTRACT ("Contract") is entered into by and between KittitasCounty Health Network ("Manager") and Kittitas County public Health Department("Contractor") effective Septemb er I, 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 servicesAdministration Rural Communities Opioid Response Program (RCORp) lmplementation 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 UseDisorder (ouD) in rural communities by strengthening and expanding iuo/ouo 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 countyOpioid 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 inthe "Health Resources and Services Administration (HRSA) Notice of Award Authorization,, as
defined in Exhibit L, incorporated herein bythis reference.
NoW, THEREFORE, in consideration of the mutual benefits and burdens as set forth below, thereceipt and sufficiency of which are hereby acknowledged, Manager and Contractor agree as
follows:
t. Proip ct Scone 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 Managerthe "Deliverables" at the times identified by Manager in Exhibit 2 "services &Deliverables".
Fees and Pavment. Conditioned upon and in consideration of Contractor's timely, full andfaithful 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,, onthe dates listed on the attached Exhibit 3 "Contractor's Fees", incorporated herein by thisreference. All requests for payments for Contractor's Fees will be remitted by Contractorto Manager at the Manager Payment contact as stated in Exhibit 3 following ieceipt of aninvoice for Services rendered during the preceding quarter, along with supporting
documentation, submitted not later than the lnvoice Deadline Dates as set forth in Exhibit
3.
Termination, This Contract may be terminated by Contractor upon Thirty (30) dayswritten 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.
.Allnonprotected,publicresearch,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. S1o1) 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 complywith all provisions of the Health lnsurance portability andAccountability Act ('HlPAA" found at 45 CFR Part 160 and 1-64) and the HtpAA privacy
Rules and Security Rules promulgated thereunder.
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 effectivethe date as setforth on a Notice of change of contact
person/place to the other party.
4.
5
3
7. Mi
6
e lla neous 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, lf 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 breachof the same covenant, agreement or undertaking, Except as otherwise specifically
provided herein, the exercise of any remedy provided by law or otherwise and the
provisions of this Contract for any remed y, shall not exclude any other reme dy, Managerand Contractor execute this Contract so lely as parties in a contractual agreement. Nopartnership, joint venture or joint unde rtaking shal be construed from these presents,and no third party may rely upon any p rovision of this Contract for its direct benefit exceptas provided herein. This Contract is deemed entered into in the Washington County inwhich Manager's office is situated a nd shall be governed under the laws of th e State ofWashington. The parties hereto un derstand and agree that they each have a d uty to actin good faith on each and everyte rm and condition of this Contract, Eve ry duty and everyact which must be performed un der this Contract imposes an obligatio n of good faith inits performance or enforcement unless discretion is otherwise alloca ted to one of theparties hereto. The parties agree that this Contract is the entire agree ment between theparties, that a I preceding an d contemporaneous oral and written statementsrep resentations and warranties,whether consistent or inconsistent herewith, are agreedto be of no force and effect unl ess expressly stated herein. ln that regard, Mana ger andContractor stipulate that ea ch and every prov sion of this Contract has been fairlybargained for, that the execut ion of this Contract memorializes the intent of Manager andContractor after thoughtful consideration of a ll risks and knowingly and voluntarilyassumed such risks. This Contract shall only be supplemented or modified in a signedwriting by Manager and Contractor, Manag er and Contractor warrant that nocommissioned merchant, broker, agent, consu Itant, or similar person or entity hasassisted in procuring this Contract and that n o broker or agent is entitled to anycommissions or fees. All exhibits, attachments and schedules are hereby incorporatedherein by this reference as if fully set forth herei n. The parties agree that their signaturesthat are remitted electronically to each oth er shall, when accumulated, operate asoriginals, This Contract may be executed in co unterparts8. Public sclo-s tr re : Manager acknowledges that the Contractor m ay be required to discloserecords that are subject to the public Records Act.
Disputes: Differences between the contractor and the Manager, arising under and byvirtue of the Agreement Documents shall be brought to the attention of the Manager atthe earliest possible time in order that such matteis may be settled or other appropriateaction promptly taken. Except for such objections as are made of record in the mannerhereinafter specified and within the time limits stated, the records, orders, instructions,and decisions of the Manager shail be final and conclusive.
9
L0 rce oten Clai The contractor shail not be entitred to additional
com pensation which otherwise may be payable, or to extension of time for (1) an y act orfailure to act by the Manager, o r (2) the happening of any event or occurrence, un less theContractor has given the Man ager a written Notice of potential Claim within ten (10) daysof the commencement of the act, failure, or event giving rise to the claim, and b efore finalpayment by the Manager, Th e written Notice of potential Claim shal set forth the reasonsfor which the Contractor believes additional com pensation or extension of time is due,the nature of the cost involved, and insofar as poss ible, the amount of the potentialclaim
Contractor shall keep full and complete daily records of the work performed, labor andmaterial used, and all costs and additional tim e claimed to be additional.
L1' Detailed claim: The contractor shall not be entitled to claim any such additionalcompensation, or extension of time, unless within thirty (30) days of the completion ofthe portion of the work from which the claim arose, and before final payment by theManager, the contractor has given the Manager a detailed written statement of eachelement of cost or other compensation requested and of all elements of additional timerequired, and copies of any supporting documents evidencing the amount or extensionof time claimed to be due.
1,2. B NI o NBE OF E NTITI
MA GER H EBY TO E IC TRAN lsstoN COMMUN ICATIONS FORANDDTION
Manager:
Signatu re
Printed Name \rr,,,^-.-=P,'\/-./
Title
Date:I lzqlo
Contractor:
Signature
Printed Name
Title (
Date nt
LIST OF EXHIBITS
Exhibit 1- Health Resources and services Administration (HRSA) Notice of Award Authorization
Exhibit 2-Services & Deliverables
Exh ibit 3-Contractors, Fees
Exhibit 4-Primary contacts for agreement
it 1-Ith R rces Se Admi on N Awa
L' 45 cFR Part 75 applies to all federal funds associated with the award. part 75 has beeneffective since December 26, 2014. All references to prior oMB Circulars for theadministrative and audit requirements and the cost principles that govern Federal
monies associated with this award are superseded bythe uniform Guidance 2 cFR part
200 as codified by HHS at 45 CFR part75.
2' All post-award requests, such as significant budget revisions or a change in scope, must besubmitted for approval by the Manager.3' Contractor should make a good faith effort to identify and coordinate projects with other RcoRpand federalgrants working in the same HRSA-designated ruralarea to ensure there is noduplication of effort and that RcoRp funds are maximized.4' consortia must make progress towards completing allfoundational, prevention, and treatmentand recovery core activities outlined in the Notice of Funding opportunity during each year ofthe three-year grant, Note that activities do not need to be completed untilthe end of theperiod of performance.
5' FY 2022 RCoRP-lmplementation grant recipients must identify and coordinate projects withother FY 2020 or FY 2021" RcoRP lmplementation grantees working in the same HRSA-
designated rural area to ensure there is no duplication of effort and that RCoRp funds aremaximized' Please see the Notice of Funding opportunity (pp. 30-1) for more information,6' lf the contractor is planning to use grant funds for minor renovations or alterations, contingencymanagement, or purchases or leases of mobile units or vehicles, prior approval must bereceived 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 ensureprogram 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 anyconsortium member receiving RCORp grant funds.9' 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, andreporting data/information to Manager in a timely manner.
L0' Grant recipients are required to allocate the award amount over a three-year period ofperformance.
l-L' Grant recipients must exclusively target rural service areas, as defined by the Rural Health Grant
Eligibir ity Ana ryze r (https://data. hrsa.gov/toors/ru ra r-hea lth).
L2' Grant recipients may use grant funds to purchase telehealth equipment. lt is also allowable for aprovider 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 bythe HRSA Rural Health Grants Eligibility Analyzer.
L3' Contractor is required to have the necessary policies, procedures, and financialcontrols 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. h rsa. gov/gra nts/sta n da rd-te rms) a nd Legislative M a ndates
(https://www'hrsa.gov/sites/default/files/hrsa/grants/manage/grants-policy-bulleti
n-2022-apr'pdf)' The effectiveness of these policies, procedures, and controls is subject to audit,
Exh i bit 2 -Services & Delive rables
The services, Deliverables and schedule for delivery to Manager are described below and shallcommence on the Effective Date. contractor shall implement the following work plan and collectthe corresponding measures found in the Kittitas county opioid Response strategic plan and thework plan for the HRSA Rural communities opioid Response program implementation Grant,
Additional Deliverables required by the Manager, in addition to those set forth in the Grant, are
as follows
Participate in Kittitas county Health Network's (KCHN,s) monthly substance Use
Response Group meetings andfor monthly Leadership council meetings.
Participate in task forces addressing barriers to recovery (housing, transportation, childcare, etc.)
Provide quarterly reports summarizing progress on each activity in the above work plan,providing data for the measures, and providing any other requested data. euarterlyreports will be due on the same dates as the lnvoice Deadline Dates listed in Exhibit 3.
t
2
3
SE RVICES &DELIVE RABLES
uired Grant Activi ty Strat es Measures
lncrease access to naloxone
within the target rural service
area and provide training on
overdose prevention and
naloxone administration for
com munity members likely
to respond to an overdose,
Distribute naloxone at
local syringe service
programs in Ellensburg
and in Cle Elum.
Provide training on
naloxone use.
a
a
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.
a
a
ldentify and screen
individuals at risk for
SUD/OUD and co-occurring
d isorders/infectious
complications and provide, or
make referrals to,
prevention, harm reduction,
early intervention,
treatment, and other support
services.
Conduct HIV and hepatitis
screenings at syringe
service program.
Make referrals to
prevention, harm
reduction, early
i ntervention, treatm ent,
and other support
services.
a
a
Testing options are
available and increased
Referrals are made to
support treatment and
recovery efforts.
a
a
Exh ibit 3-Contractor,s Fees
The total hours of work required and any costs incurred to complete the project and the activitieslisted in Exhibit L are the responsibility of Contractor for the Contractor,s Fees. No costs will becompensated outside of those included in the contractor's Fees as set forth below unless by priorwritten approval of Manager, in Manager's sole discretion. For contractor,s Fees for contractor,sservices, conditioned upon the timely and effective communication of all Deliverables inaccordance with their respective Schedule, Manager shall pay contractor the contractor,s Feesas set forth below:
ln consideration for satisfactory performance of these Services as outlined in Exhibit A,Manager agrees to pay contractor s123,000 in twelve (12) equal quarterly payments ofs10,250 each between september 1st, 2022 and August 31st,2025 based upon thecompletion of deliverables and satisfactory progress on the work plan, payments will beremitted following receipt of an invoice for services along with supporting back updocumentation of expenditures. Acceptable expenditures shall be salaries and benefits.
Please send invoices and reports to the Manager Payment contact listed belowName: Robin Read, KCHN Executive Director
Address: 116 W. 6th Ave #393, Ellensburg, WA 98926
Em a il : robin (O health ierkittitas.ore
lnvoice Deadline Dates;
December 25,2eZ2
March 25,2023
June 25,2023
September 25,2023
December 25, Z0Z3
March 25,2024
June 25,2024
September 25,2024
December 25,2024
March 25,2025
June 25, 2025
September 25,2025
for September 1-November 30, ZO22)
for Decemb er L,2O2}-February Zg, ZO23l
for March 1-May 3I,2OZ3)
for June L-August 3L, ZO23)
for September 1-November 30,2023)
for Decemb er 1,,Z}23-February Zg, ZOZ4|
(for March 1--May 31",2024)
(for June L-August 31, Z0Z4)
(for September L-November 30, ZOZ4]
(for December 1", 2o24-February 28,2O2Sl
(for March 1-May 3L, ZO2S)
(for June 1--August 31., ZOZS)
ibit 4-Primarv cont acts for agreem ent
Contact Person/place-Manager
Name: Alicia Ogren, Kittitas County Health Network
Address: 110 W. 6th Avenue pMB #393, Ellensburg WA 98926
Email : aliciao@healthierkittitas.ore
Contact Person/place-Contractor
Name: Kate Johnson, Kittitas county pubric Hearth Department
Address: 507 N Nanum St Suite L02, Ellensburg, WA 9g926
EmaiI: kate. ioh nson @co.kittitas.wa.us