Contract - 03-24-2020 - 10628 - Contract with Family Health Center for Criminal Justice TreatmentAS -10628 BOCC Agenda Meeting Date: 03/24/2020 Contract with Family Health Center for Criminal Justice Treatment Account Submitted For: Elaine Placido, Director of Community Services Submitted By: Marie Dang Department: Health/Human Services Motion Items 2. Information Subject and Summary Statement This contract is a result of the BoCC funding awards from the RFP #20-001 for Criminal Justice Treatment Account Services for Drug Court Clients. The purpose for County Contract# 20-011 with Family Health Center is to provide substance use disorder treatment and recovery support services to individuals in the criminal justice system. The maximum consideration for this contract shall not exceed $48,000.00 during the period March 1, 2020 through June 30, 2020. Funding for this contract comes from the State Criminal Justice Treatment Account which is passed through from the County's contract with the Washington State Health Care Authority. Will Staff Attend - NAME OF STAFF Yes, Gena James. Department Recommendation The Human Services Department recommends that the Cowlitz Board of Commissioners move to approve and execute the County Contract# 20-011 with Family Health Center. Fiscal Impact Expenditure Required $: 48,000.00 Budget Sufficient Y -N: Y Amendment Required Y -N: N Source of Funds - What Dept ? : 14101/270100 Grant Y -N: N Attachments 20-011 20-011 Exhibit 1 20-011 Insurance Form Review lnbox Reviewed By Jamie Hopps Marie Dang Date 03/10/2020 01:00 PM Jamie Hopps Carole Harrison Director of Community Services Tiffany Ostreim, Clerk of the Board Form Started By: Marie Dang Final Approval Date: 03/19/2020 Jamie Hopps Carole Harrison Elaine Placid() Tiffany Ostreim 03/10/2020 02:11 PM 03/10/2020 04:43 PM 03/13/2020 04:29 PM 03/19/2020 08:58 AM Started On: 03/10/2020 09:31 AM PROFESSIONAL SERVICES AGREEMENT Contract Number: 20-011 THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called "County" or "Cowlitz County") and Name: Address: Phone No: Cowlitz Family Health Center 1057 12'h Avenue Longview, WA 98632 360) 636-3892 hereinafter called "Contractor"). This Agreement is comprised of: Attachment A — Scope of Work Attachment B — Compensation Attachment C — General Conditions Attachment D — Special Terms and Conditions and Retirement Status Form (signature required) Attachment E — Confidential Information Security Requirements Exhibit 1 — HCA Contract copies of which are attached hereto and incorporated herein by this reference as if fully set forth. The term of this Agreement shall commence on the 1st day of March, 2020 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 30th day of June, 2020. IN WITNESS WHEREOF, the parties have executed this Agreement on this 9 pep -J-1 2 0a b . CONTRACTOR: a(1;11 Signature b/ CCS'% -00/e1' Print name: e day of BOARD OF COUNTY COMMISSIONERS OF COWLITZ COU TY, WASHINGTON Gardner, Chair Title: CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY P. Weber, Commissioner 1A\ nsi .7t)P 1 Dennis 1- Arne Mortensen, Commissioner ATTEST: Date Clerk of theoar ., 3 -v;2_o PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A SCOPE OF WORK The contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. Definitions a. "American Society of Addiction Medicine" or "ASAM" means the six dimensions to identify the intensity of treatment services that best fits the individual's needs and provides a common language of holistic, biopsychosocial assessment, and treatment across addiction treatment, physical health, and mental health services, which also addresses the spiritual issues relevant in recovery. b. "Assessments" means the activities conducted to evaluate an individual to determine if the individual has a substance use disorder and determine placement in accordance with the American Society of Addiction Medicine (ASAM) criteria. c. "Brief Intervention" means a time limited, structured behavioral intervention using substance use disorder brief intervention techniques, such as evidence -based motivational interviewing techniques, and referral to treatment services when indicated. Services may be provided at, but not limited to, sites exterior to treatment facilities such as hospitals, medical clinics, schools or other non-traditional settings. d. "Case Management" or "Case Management Services" means services provided by a Substance Use Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT) licensed by the Washington Department of Health, or a person under the direct clinical supervision of a SUDP, to individuals assessed as needing treatment and admitted into treatment. e. "Continuity of Care" means the provision of continuous care for chronic or acute medical and behavioral health conditions to maintain care that has started or been authorized to start as the Individual transitions between: facility to home; facility to another facility; providers or service areas; managed care contractors; and Medicaid fee-for-service and managed care arrangements. Continuity of Care occurs in a manner that prevents secondary illness, health care complications, or re -hospitalization; and promotes optimum health recovery. f. "Criminal Justice Treatment Account" or "CJTA" means the account created by Washington State Legislature that may be expended solely for: substance use disorder treatment and treatment support services for individuals with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington State (RCW 71.24.580). g. "Culturally and Linguistically Appropriate Services" or "CLAS" means the national standards in health and health care intended to advance health equity, improve quality, and eliminate health disparities by establishing a blueprint for health and health care organizations. h. "Division of Behavioral Health and Recover" or "DBHR" means the Health Care Authority's Division of Behavioral Health and Recovery, and its employees and authorized agents. i. "Drug Court" means a court utilizing a program structured to achieve both a reduction in criminal recidivism and an increase in the likelihood of rehabilitation through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). j. "Evidence -based Practice" or "EBP" means a prevention or treatment service or practice that has been validated by some form of documented research evidence and is appropriate for use with individuals with a substance use disorder that are involved in the 20-011 2 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A criminal justice system. EBP also means a program or practice that has been tested where the weight of the evidence from review demonstrates sustained improvements in at least one outcome, and/or a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost -beneficial. k. "Individual" means any person in the criminal justice system who is in need of behavioral health services, regardless of income, ability to pay, insurance status or county of residence. I. "Intensive Outpatient Treatment" means services provided in a non-residential intensive patient centered outpatient program for treatment of substance use disorders. The service as described satisfies the level of intensity in ASAM Level 2.1. m. "Interim Services" means services to individuals who have been denied admissions to a treatment program on the basis of the lack of the capacity to reduce the adverse health effects of substance abuse, promote the health of the individual, and reduce the risk of transmission of disease. Such services are provided until the individual is admitted to a treatment program. Services include referral for prenatal care for a pregnant patient, brief screening activities, the development of a service plan, individual or group contacts to assist the person either directly or by way of referral in meeting his/her basic needs, updates to advise him/her of treatment availability, and information to prepare him/her for treatment, counseling, education, and referral regarding HIC and tuberculosis (TB) education, if necessary referral to treatment for HIC and TB. n. "Involuntary Commitment Investigations and Treatment" means (566.44) — costs incurred for services employed to identify and evaluate alcohol and drug involved individuals requiring protective custody, detention, or involuntary commitment services in accordance with RCW 70.96A.120-140. Costs include case finding, investigation activities, assessment activities, and legal proceedings associated with these cases. o. "Outpatient Treatment Group and Individual" means services provided in a non- residential substance use disorder treatment facility including assessment and case management. Outpatient treatment services must meet the criteria in the specific modality provisions set forth in WAC 388-877B. Services are specific to client populations and broken out between group and individual therapy. (The service as described satisfies the level of intensity in ASAM Level 1) p. "Outreach" or "Community Outreach" means identification of hard -to -reach Individuals with a possible SUD and engagement of these individuals in assessment and ongoing treatment services as necessary. q. "Research -based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence -based (RCW 2.30.020). r. "Recovery Support Services" or "RSS" means services that are intended to promote an individual's socialization, recovery, self -advocacy, development of natural support, and maintenance of community living skills. RSS include, but are not limited to, to the following services: Supported employment services, supportive housing services, peer support services, wraparound facilitation services, and any other services that are conducive to an individual's recovery in a Substance Use Disorder (SUD) Program (WAC 246-341-0718). s. "Substance Use Disorder" or "SUD" means a problematic pattern of using alcohol or another substance that results in the impairment in daily life or noticeable distress; and, 20-011 3 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A whereby the individual continues use despite leading to clinically significant impairment or distress as categorized in the DSM -5. t. "Substance Use Disorder Professional" or "SUDP" means an individual who is certified according to RCW 18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD services. u. "Substance Use Disorder Professional Trainee" or "SUDPT" means an individual working toward the education and experience requirements for certification as a chemical dependency professional, and who has been credentialed as a CDPT. v. "Therapeutic Courts" means a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out -of -home placements of children, termination of parental rights, and substance use and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). w. "Treatment" means services that are critical to a participant's successful completion of his or her substance use disorder treatment program, including but not limited to the recovery support and other programmatic elements outlined in Chapter 246-341 WAC. x. "Treatment Support" means services such as transportation to or from inpatient or outpatient treatment services when no viable alternative exists. y. Urinalysis (UA) Testing — Provide UA testing at the request of Drug Court for Drug Court clients. z. "Washington State Jail" or "Jail" means any city, county, regional, or tribal jail operation in the state of Washington. 2. Purpose Contractor will provide treatment and recovery support services, funded by Criminal Justice Treatment Account funds, to individuals in the criminal justice system in accordance with RCW 71.24.580 and RCW 2.30.030, as applicable. 3. CJTA Funding — Allowable Services in the Jail a. Substance Use Disorder treatment in the Jail If CJTA funds are utilized for these purposes, the Contractor must provide treatment in the jail according to the following: i. Identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate their return to the community ii. Continue treatment services with individuals who were engaged.in community- based treatment prior to their incarceration, with the intent to complete the outpatient treatment episode iii. Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment iv. The following treatment modalities may be provided through CJTA funding in the jail: Engaging individuals in SUD treatment; Screening, Assessing, and inducting individuals on MOUD; Referral to SUD services; Providing continuity of care; and Planning for an individual's transition from Jail. b. CJTA funds may not supplement or supplant any currently funded programs that previously existed in a Jail environment. 4. Services will be provided using acknowledged best practice (or treatment strategy) that can be documented in published research (including both Evidenced -based Practice and Research - based). 5. Coordinate and collaborate with County staff as necessary, including therapeutic court staff and jail staff, for provision of CJTA funded services. 20-011 4 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A 6. Data and Reporting: The contractor will submit reports no later than the dates outlined in the following reporting schedule and will include all information requested below. Type of Report Time Period Due Date Invoice/Expense Report Monthly 10th of month following month of expense Programmatic Treatment Report (PTR) Quarterly Progress Report QPR) Monthly Quarterly 10th of month following month of service 10th of month following quarter of service a. The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and related data systems to oversee all data interfaces and support specific reporting requirements under this Contract. b. There are two program reports that the Contractor will be responsible for submitting to the County: The Quarterly Progress Report (QPR) and the Programmatic Treatment Report PRT): 1. The Contractor will be responsible for submitting the QPR. The County will provide the Contractor with a template form that will report on the following program elements: 1. Number of individuals served under CJTA funding for that time period 2. Barriers to providing services to the Criminal Justice Population 3. Strategies to overcome the identified barriers 4. Training and Technical assistance needs 5. Success stories or narratives from individuals receiving CJTA services 6. If a Therapeutic Court receives CJTA funded services, the number of admissions of individuals into the program who were either already on MOUD, referred to MOUD, or were provided information regarding MOUD. 2. The Contractor is responsible for submitting the PTR each month through a Secure File Transfer (SFT) system established with the County. The County will provide the Contractor with an excel workbook template that will capture a variety of demographic and programmatic data. In addition, this process will include the following: i. The Contractor must ensure they have the bandwidth to complete all data elements requested in the PTR. ii. The Contractor must enter all data applicable to the services provided. iii. The Contractor will work with the County to ensure that any applicable Release of Information (ROI) forms are updated to account for the sharing of Personal Health Information (PHI) with the County and with the Health Care Authority. 7. Additional Requirements: The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following: a. Services provided b. Number of hours of service c. Data Collection d. Completed evaluation tools e. Backup reports/data for invoicing. 8. Site Visits: The contractor will coordinate visits with the County Project Manager for contract compliance, organizational due diligence, program evaluation, technical assistance, and Continuous Quality Improvement. 20-011 5 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B COMPENSATION As consideration for services, as described in the Scope of Work section of this Agreement, the County agrees to pay the Contractor based on the specific conditions below, a sum not to exceed budget amounts of $48,000 during the period March 1, 2020 through June 30, 2020. 1. Specific Payment Conditions: a. Source of Funds. The maximum compensation payable under this Contract is based on the funding from the following sources: i. 100% is allocated under this Contract from Washington State CJTA appropriations. ii. Funding Stipulations: 1. No Federal Match. The Contractor shall not use funds payable under this Contract as match towards federal funds. 2. Prohibition of Use of Funds for Lobbying Activities. The Contractor must not use funds payable under this Contractor for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of an state or federal agency or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. b. The Contractor shall budget funds awarded in such a manner to ensure availability of services, outlined in Attachment A. Statement of Work, throughout the entire term of this Contract subject to available funds. c. Funding must be utilized to serve drug court clients. d. Must obtain prior approval from the County to provide services in the Jail. e. Period of Performance Service Costs. • The Contractor shall ensure that service costs incurred are within the period of performance of this Contract. f. Transportation The County will reimburse based on actual expense and may not exceed 10% of budget. 2. Billing and Payment for the Statement of Work a. Invoice System i. The Contractor shall submit invoices using the County's form, or such other form as designated by the County. ii. Invoices must describe and document to the County's satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoices, invoices must provide a detailed breakdown of each type. All invoices will be reviewed and must be approved by the County Project Manager or his/her designee prior to payment. iii. The County will return incorrect or incomplete invoices to the Contractor for correction and reissue. The Contract Number must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract. iv. 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 the County within thirty (30) calendar days after the Contract expiration date. The County is under no obligation to pay any claims that are submitted thirty-one 31) or more calendar days after the Contract expiration date ("Belated Claims"). The County will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. b. County Obligation for Payment i. The County agrees to make payment, as approved by the Auditor of Cowlitz County, with County warrants on a calendar day specified by the County, contingent on the availability of funds, following receipt of the Contractor's complete and accurate request for payment. ii. The County shall not be obligated to reimburse the Contractor for any services or activities, performed prior to the effective date of this Contract. 1. Billing for Allowable Costs and Documented Costs 20-011 6 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B The Contractor shall ensure all expenditures for services and activities under this Contract are: a. Expended for allowable costs, which are in accordance with the Fiscal/Program Requirements. b. All documentation including reports must be submitted with the billing documents. iii. The County will not process any payments received after the 10th business day following the end of this contract. iv. Any funds not utilized at the end of the contract period will be reallocated at the discretion of the County. c. Duplication The Contractor assures that work performed and invoiced does not duplicate work to be charged to the County and State of Washington under any other Contract or agreement with the Contractor. d. Recovery of Costs Claimed in Error: If the Contractor claims and the County reimburses for expenditures under this Contract which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Contract, the County shall recover those costs and the Contractor shall fully cooperate with the recovery. 3. Advance Payment and Billing Limitations. a. Advance Payment The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Contract. b. Authorized Services The County shall pay the Contractor only for authorized services provided in accordance with this Contract. If this Contract is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination. 20-011 7 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT C GENERAL CONDITIONS 1. Scope of Contractor's Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein. 2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. 3. Delegation and Subcontracting. Contractor's services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager. 4. Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer/employee or master/servant. The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment B and the Contractor is not entitled to any county benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. In the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed. Notwithstanding any determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees. 5. No Guarantee of Employment. The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 6. Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations. 7. Right to Review. This contractor is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six (6) years after contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours. 20-011 8 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT C 8. Modifications. Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 9. Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. Mail, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor agrees to bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Termination for Public Convenience. The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 11. Termination Due to Insufficient Funds. If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate this contract upon thirty (30) days written notice to the Contractor. No penalty or expense shall accrue to the County in the event this provision applies. 12. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a. The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b. The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c. If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability. 13. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor's obligation to indemnify, defend and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor's or its Subcontractor's performance or failure to perform this Agreement. It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any connect with this Agreement. The foregoing indemnification obligations of the Contractor are a 20-011 9 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT C material inducement to County to enter into this Agreement, are reflected in the Contractor's compensation, and have been mutually negotiated by the parties. 14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement. 15. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington. 16. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this Clause. 17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw. 18. Contractor Commitments. Warranties and Representations. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 19. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor's alleged infringement on any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following: a. That Contractor shall be notified promptly in writing by County of any notice of such claim. b. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 20. Disputes: 20-011 10 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT C a. General. Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error. In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b. Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County 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 County. 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. c. 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 accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County 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 the extension of time claimed to be due. 21. The Contractor and the County understand and agree that this Agreement is a subcontract of the Professional Services Contract for CJTA Funded Treatment Recovery Support Services between Washington State Health_Care Authority (HCA) and Cowlitz County (the "HCA Contract"). A true and correct executed copy of the HCA Contract is attached as Exhibit 1. Under Section 4.31 of the HCA Contract, it provides that all work product (as defined in the HCA Contract) will be owned by HCA. The Contractor and the County agree that all work product created under this Agreement will be owned by HCA consistent with Section 4.31 of the HCA Contract. 22. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manger's sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform. 23. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager, For purposes of this Agreement, the County Project Manager is: Name: Gena James Title: Health & Human Services Department: Health & Human Services Address: 1952 9th Ave Longview, WA 98632 Telephone: (360) 414-5599 20-011 11 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT C E-mail: HHSContractsa(co.cowlitz.wa.us Fax: (360) 425-7531 In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor's right to appeal that decision as provided herein. 24. Non -Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sec, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 25. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontractors entered into, County is names as an express third -party beneficiary of such contracts with full rights as such. 26. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties. 27. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard. 28. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work. 29. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page. 30. Severability. If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 31. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal, state and local statues, ordinances and regulations; b. Scope of Work (Attachment A) and Compensation (Attachment B); c. Special Terms and Conditions (Attachment D); and d. General Conditions (Attachment C). e. Any other material incorporated herein by reference. 32. Waiver. Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees. 34. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party. 35. Survival. Without being exclusive, Paragraphs 4, 7, 13-19, 21-22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive. 36. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. 20-011 12 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D SPECIAL TERMS AND CONDITIONS 1. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death. $1,000,000 Per occurrence Property damage $1,000,000 Per occurrence 2,000,000 Aggregate ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail). 1,000,000 Per occurrence 2,000,000 Aggregate WORKERS COMPENSATION: .Statutory amount Waiver of Title 51 Rights AUTOMOBILE: coverage on owned, non -owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability. 1,000,000 Combined Privacy Breach Response Coverage For the term of this Contract and 3 years following its termination or expiration, Contractor must maintain insurance to cover costs incurred in connection with a security incident, privacy Breach, or potential compromise of Data, including: a. Computer forensics assistance to assess the impact of the Breach or potential Breach, determine root cause, and help determine whether and the extent to which notification must be provided to comply with Breach notification laws. b. Notification and call center services for individuals affected by a Breach. Breach resolution and mitigation services for individuals affected by a Breach, including fraud prevention, credit monitoring and identity theft assistance. c. Regulatory defense, fines and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security law(s) or regulation(s). All Contractor's and Contractor's subcontractors' insurance policies and additional names insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor's and Contractor's subcontractors' liability insurance policies must be endorsed to show this primary coverage. Upon request, the Contractor shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer's financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000 or any stop -loss provisions, the County shall have the right to request and review the Contractor's most recent annual financial reports and audited financial statements as a condition of approval. 20-011 13 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D Contractor hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required any an insurer, or if a policy condition does not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre -loss basis. The County, its departments, elected and appointed officials, employees, agents and volunteers shall be names as additional insureds on Contractor's and Contractor's subcontractors' insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.] The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non -renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied. The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the Contractor. Compensation and/or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor's strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non-compliance. Upon receipt of evidence of Contractor's compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied. If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims -made policy, the Extended Reporting Period Endorsement is not required. 2. Definitions. a. "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. b. "Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. c. "CFR" means the Code of Federal Regulations. All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.gov/cqi-bin/ECFR?paqe=browse. d. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and 20-011 14 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. e. "Data" means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. f. "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. g. "Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. h. "Protected Health Information" or "PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). i. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statue. Pertinent RCW chapters can be accessed at: http://apps.leq.wa.gov/rcw/. j. "USC" means the United States Code. All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statue. The USC may be accessed at http://uscode.house.qov/ k. "WAC" means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulations. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/. 3. Performance Expectations. Expected performance under this Contract includes, but is not limited to, the following: a. Knowledge of applicable state and federal laws and regulations pertaining to subject of contract; b. Use of professional judgment; c. Collaboration with the County staff in Contractor's conduct of the services; d. Conformance with the County direction regarding the delivery of services; e. Timely, accurate and informed communications; f. Regular completion and updating of project plans, reports, document and communications; and g. Provision of high quality services. The County and/or HCA will review and evaluate the performance of the Contractor in accordance with Contract and these performance expectations and may withhold allocation of funding if expectations are not met or Contractor's performance is unsatisfactory. 4. Access to Data In compliance with RCW 39.26.180(2) and federal rules, the Contractor must provide access to any data generated under this contract to the County, 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. 5. Confidential Information Protection a. Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees requiring such information for the purposes of carrying out this Contract, and not to 20-011 15 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without the County's express written consent or as provided by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information (See Attachment E: Confidential Information Security Requirements). b. The County reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. c. The obligations set forth in this Section will survive completion, cancellation, expiration, or termination of this Contract. 6. Confidential Information Security The federal government, including the Centers for Medicare and Medicaid Services (CMS), and the State of Washington all maintain security requirements regarding privacy, data access, and other areas. Contractor is required to comply with the Confidential Information Security Requirements set out in Attachment E to this Contract and appropriate portions of the Washington OCIO Security Standard, 141.10 (https://ocio.wa.gov/policies/141-securinq- information-technology-assests/141100-securing-information-technology-assets). 7. Confidential Information Breach — Required Notification a. Contractor must notify the HCA Privacy Officer (HCAPrivacyOfficer c( hca.wa.gov) and the County Privacy Officer(HHSContractsco.cowlitz.wa.us) within five Business Days of discovery of any Breach or suspected Breach of Confidential Information. b. Contractor will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. Contractor agrees to indemnify and hold HCA harmless for any damages related to unauthorized use or disclosure of Confidential Information by Contractor, its officers, directors, employees, or agents. c. If notification of the Breach or possible Breach must (in the judgment of HCA) be made under this HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then: i. HCA may choose to make any required notifications to the individuals, to the U.S. Department of Health and Human Services Secretary (DHHS), and to the media, or direct Contractor to make them or any of them. ii. In 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). iii. Contractor will compensate HCA clients for harms caused to them by any Breach or possible Breach. d. Any breach of this clause may result in termination of the Contract and the demand for return or disposition (Attachment E, Section 6) of all Confidential Information. e. Contractor's obligations regarding Breach notification survive the termination of this Contract and continue as long as Contractor maintains the Confidential Information and for any breach or possible breach at any time. 8. Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, HCA will maintain the confidentiality of Contractor's information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary Information, HCA will notify the County and or/the Contractor of the request and of the date that such records will be released to the requestor unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, HCA will release the requested information on the date specified. 9. Debarment 20-011 16 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D 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 must immediately notify the County if, during the term of this Contract, Contractor becomes debarred. The County may immediately terminate this Contract by providing Contractor written notice, if Contractor becomes debarred during the term hereof. 10. Pay Equity a. Contractor represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 213), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for Contractor (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. b. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (1) 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. c. 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 derived from a gender-based differential; and (iii) accounts for the entire differential. d. 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. e. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within fifteen (15) days of the County's request for such evidence, the County may suspend or terminate this Contract. 11. Publicity a. The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by HCA and/or the County and must not be so construed by Contractor in any advertising or other publicity materials. b. Contractor agrees to submit to the County, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name and/or the County's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name and/or the County's name with Contractor's Services may, in HCA's and/or the County's judgement, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA and/or the County prior to such use. 20-011 17 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D COUNTY RETAINS THIS FORM Individual contractors and service providers must complete and sign 12. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems? YES NO Did you retire before age 65 using the 2008 early retirement factors (ERF)? YES 0 NO Will you be receiving direct compensation for your services? 0 YES 0 NO Will you be receiving indirect compensation for your services? 0 YES 0 NO CONTRACTOR (Full, individual name of contractor): Signature: Social Security No.: Date: SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System 0 YES NO If YES, what system and plan? O Teachers' Retirement System (TRS) PIan1 Plan 2 0 Plan 3 School Employees' Retirement System (SERS) Plan 2 Plan 3 Public Employees' Retirement System (PERS) 0 Plan 1 0 Plan 2 0 Plan 3 Public Safety Employees' Retirement System (PSERS) 0 Plan 2 Law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) Plan 1 Plan 2 O Washington State Patrol Retirement System (WSPRS) 0 Plan 1 Plan 2 Judicial Retirement System (JRS) 0 2. Is the contractor a retiree of a Washington State Retirement System? 0 Yes 0 No 3. Did the contractor retire before age 65 using the 2008 ERF? 0 Yes 0 No I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form -MS 344 R 5/09), and the Internal Revenue Service rules governing independent contractor status. COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE: Signature: Date: COUNTY RETAINS THIS FORM 20-011 18 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT E CONFIDENTIAL INFORMATION SECURITY REQUIREMENTS 1. Definitions In addition to the definitions set out in this Contract for CJTA Funded Treatment and Recovery Support Services, 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; or flash media (e.g. 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.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information 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 Information 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 Information 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.g. 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. g. "Unique User ID" 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 Information electronically, including via email, the Data must be encrypted using NIST 800 -services approved algorithms http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: a. Data at Rest: i. Data will be encrypted with NIST 800 -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 ID, 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 Information 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. 20-011 19 of 20 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT D ii. Data stored on Portable/Removable Media or Devices: 1. Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800 -series approved algorithms. Encryption keys will be stored and protected independently of the Data. 2. HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Contract. If so authorized, the Receiving Party must protect the Data by: a. Encrypting with NIST -800 services approved algorithms. Encryption keys will be stored and protected independently of the data: b. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; c. Keeping devices in locked storage when not in use; d. Using check-in/check-out procedures when devices are shared: e. Maintain an inventory of devices; and f. 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 Information 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 Information received under this Contract must be segregated or otherwise distinguishable from non -HCA data. This is to ensure that when no longer needed by the Contractor, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. a. The HCA Confidential Information must be kept in one of the following ways: i. On media (e.g. hard disk, optical disc, tape, etc.) which will contain only HCA data; or ii. In a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or iii. In a database that will contain only HCA Data; or iv. Within a database and will be distinguishable from non -HCA Data by value of a specific field or fields within database records; or v. 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 Information from non -HCA data, then both the HCA Confidential Information and the non -HCA data with which it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors. If HCA Confidential Information provided under this Contract is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information 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). a. For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. 20-011 20 of 20 20-011 Exhibit 1 Washington State Health Care uthority PROFESSIONAL SERVICES CONTRACT for CJTA Funded Treatment and Recovery Support Services HCA Contract Number: K3956 Resulting from Solicitation Number (If applicable: NA ContractorNendor Contract Number: THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Cowlitz County, (Contractor). CONTRACTOR NAME Cowlitz County CONTRACTOR DOING BUSINESS AS (DBA) CONTRACTOR ADDRESS Street City State I Zip Code 1952 9th Avenue Longview WA 198632-4045 CONTRACTOR CONTACT Gena James CONTRACTOR TELEPHONE 360) 414-5599 CONTRACTOR E-MAIL ADDRESS jamesg@co.cowlitz.wa.us Is Contractor a Subrecioient under this Contract? EYES 5 NO CFDA NUMBER(S): FFATA Form Reauired YES (ENO HCA PROGRAM Criminal Justice Treatment Account- State Appropriations HCA DIVISION/SECTION DBHR / SUD HCA CONTACT NAME AND TITLE Tony Walton, Criminal Justice Behavioral Health Administrator HCA CONTACT ADDRESS Health Care Authority 626 8th Avenue SE PO Box 42730 Olympia, WA 98504-2730 HCA CONTACT TELEPHONE 360) 725-9992 HCA CONTACT E-MAIL ADDRESS tony.walton(a hca.wa.gov CONTRACT START DATE July 1, 2019 CONTRACT END DATE June 30, 2020 TOTAL MAXIMUM CONTRACT AMOUNT 220,602.00 PURPOSE OF CONTRACT: Contractor to provide Criminal Justice Treatment Account funds to provide treatment and recovery support services to individuals involved in the criminal justice system in accordance with RCW 71.24.580. The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by HCA. SIGNA URECONTRACTOR N PRINTED NAME AND TITLE BOARD OF COUNTY ER OF COWLIITZZ COUNTY, WASHINGTON Joe. Gardner. Chairman DATE SIGNED 1-0-1 5 HCA SI ATURE 1 A A rAI ED NAME AND TITLE zit-ek -i'wr-e , DATE SIGNED\ ow ATTEST: Clerk of the Board Date: 20-011 Exhibit 1 TABLE OF CONTENTS 1. STATEMENT OF WORK (SOW) 4 2. DEFINITIONS .4 3. SPECIAL TERMS AND CONDITIONS 6 3.1 PERFORMANCE EXPECTATIONS 6 3.2 TERM 6 3.3 COMPENSATION 7 3.4 REVENUE AND EXPENDITURE/PAYMENTS 8 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS 9 3.6 LEGAL NOTICES 9 3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE 10 3.8 INSURANCE 10 4. GENERAL TERMS AND CONDITIONS 12 4.1 ACCESS TO DATA 12 4.2 AMENDMENTS 12 4.3 ASSIGNMENT 12 4.4 ATTORNEYS' FEES 13 4.5 CHANGE IN STATUS 13 4.6 CONFIDENTIAL INFORMATION PROTECTION 13 4.7 CONFIDENTIAL INFORMATION SECURITY 14 4.8 CONFIDENTIAL INFORMATION BREACH - REQUIRED NOTIFICATION 14 4.9 CONTRACTOR'S PROPRIETARY INFORMATION 15 4.10 COVENANT AGAINST CONTINGENT FEES 15 4.11 DEBARMENT 15 4.12 DISPUTES 15 4.13 ENTIRE AGREEMENT 16 4.14 FORCE MAJEURE 16 4.15 FUNDING WITHDRAWN, REDUCED OR LIMITED 16 4.16 GOVERNING LAW 17 4.17 HCA NETWORK SECURITY 17 4.18 INDEMNIFICATION 18 4.19 INDEPENDENT CAPACITY OF THE CONTRACTOR 18 4.20 INDUSTRIAL INSURANCE COVERAGE 18 4.21 LEGAL AND REGULATORY COMPLIANCE 18 4.22 LIMITATION OF AUTHORITY 18 4.23 NO THIRD -PARTY BENEFICIARIES 19 4.24 NONDISCRIMINATION 19 4.25 OVERPAYMENTS TO CONTRACTOR 19 4.26 PAY EQUITY 19 4.27 PUBLICITY 20 4.28 RECORDS AND DOCUMENTS REVIEW 20 Washington State 2 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.29 REMEDIES NON-EXCLUSIVE 21 4.30 RIGHT OF INSPECTION 21 4.31 RIGHTS IN DATA/OWNERSHIP 21 4.32 SEVERABILITY 22 4.33 SITE SECURITY 22 4.34 SUBCONTRACTING 22 4.35 SURVIVAL 23 4.36 TAXES 23 4.37 TERMINATION 23 4.38 TERMINATION PROCEDURES 25 4.39 WAIVER 26 4.40 WARRANTIES 26 Attachments Attachment 1: Confidential Information Security Requirements Attachment 2: Quarterly Progress Report Template Attachment 3: Quarterly Revenue and Expenditure Report Template Schedules Schedule A: Statement of Work (SOW) CTJA Funded Treatment and Recovery Support Services Washington State 3 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 Contract K3956 for CTJA Funded Treatment and Recovery Services IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW) The Contractor will provide the services and staff as described in Schedule A: Statement of Work. 2. DEFINITIONS Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. Business Associate" means a Business Associate as defined in 45 CFR 160.103, who performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity, that involves the use or disclosure of protected health information (PHI). Any reference to Business Associate in this Contract 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. 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.aov/cgi-bin/ECFR?page=browse. Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of govemmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. Contract" means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. Contractor" means Cowlitz County, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also Washington State 4 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 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, fumished, acquired, or used by Contractor in meeting requirements under this Contract. Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. Protected Health Information" or "PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). RCW' means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://aops.Ieg.wa.gov/rcw/. State Fiscal Quarter" means quarterly periods of January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. 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. Washington State 5 CJTA Funded Treatment and Recovery Support Health Care Authority . HCA Contract K3956 20-011 Exhibit 1 Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. 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:/lapp.Ieu.wa.gov/wac/. 3. SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following: 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of contract; 3.1.2 Use of professional judgment; 3.1.3 Collaboration with HCA staff in Contractor's conduct of the services; 3.1.4 Conformance with HCA directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; and 3.1.7 Provision of high quality services. HCA will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold allocation of funding if expectations are not met or Contractor's performance is unsatisfactory. 3.2 TERM 3.2.1 The initial term of the Contract will commence on July 1, 2019 and continue through June 30, 2020, unless terminated sooner as provided herein. 3.2.2 This Contract may be extended by mutual written agreement of the parties. 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 Washington State 6 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 not pay any costs incurred before a contract or any subsequent amendment(s) is fully executed. 3.3 COMPENSATION 3.3.1 The Maximum Compensation payable to Contractor for the performance of all things necessary for or incidental to the performance of work as set forth in Schedule A: Statement of Work is $220,602.00, and includes any allowable expenses. The Maximum Compensation includes $86,406 CJTA funding, and 134,196 State Drug Court funding. 3.3.2 Contractor's compensation for services rendered will be paid monthly in amounts of 1112th of the State Fiscal Year Total Maximum Compesnation, inconsideration of the deliverables table below. Payment will be contingent upon HCA Contract Manager acceptance of the deliverable, and approval of a correct and complete Revenue and Expenditure Report from Contractor. Deliverables Table July 1, 2019 through June 30, 2020 Deliverable Due Date Annual Maximum Amount 1 Submit a county Criminal Justice Treatment Account (CJTA) Plan that was approved by the local CJTA panel and signed by County October 15, 2019 55,146.00 2 Submit quarterly progress reports 45 calendar days of end of State Fiscal Quarter 55,152.00 3 Submit quarterly CJTA Revenue and Expenditure Reports 45 calendar days of end of State• Fiscal Quarter 55,152.00 4 Submit quarterly Programmatic Treatment Reports through Secure File Transfer (SFT) process 45 calendar days of end of State Fiscal Quarter 55,152.00 State Fiscal Year 2020 Total Maximum Compensation 220,602.00 3.3.3 The Contractor is required to limit Administration costs to no more than ten percent (10%) of the Contract Maximum Compensation. Administration costs will be measured on a fiscal year basis and based on the information reporting in the Revenue and Expenditure reports and reviewed by the HCA Behavioral Health Administration. 3.3.4 Payment may be withheld if the deliverables are not met by the date indicated in the table above. 3.3.5 Day-to-day expenses related to performance under the Contract, including but not limited to travel, lodging, meals, and incidentals, will not be reimbursed to Contractor. Washington State 7 CJTA Funded Treatment and Recovery Support HCA Contract K3956HealthCareAuthority 20-011 Exhibit 1 3.3.6 Source of Funds. The above Maximum Compensation payable under this Contract is based on the funding from the following sources: 3.3.6.1 100% is allocated under this Contract from Washington state CJTA appropriations. 3.3.6.2 Funding Stipulations: a) No Federal Match. The Contractor shall not use funds payable under this Contract as match toward federal funds. b) Supplanting. The Contractor may not supplant the amount of federal, state and local funds otherwise expended for services provided under this Contract. c) Prohibition of Use of Funds for Lobbying Activities. The Contractor must not use funds payable under this Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of an state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. d) Per RCW 71.24.582, the HCA is required to reclaim any unspent allocations each state fiscal year. 3.4 REVENUE AND EXPENDITURE/PAYMENTS 3.4.1 Contractor must submit accurate and complete Revenue and Expenditure Reports for all amounts allocated by HCA via e-mail to the HCA Contract Manager, identified in Section 3.5. Contractor must include the HCA Contract number in the subject line of the email and the title of the Report attachment. 3.4.2 Revenue and Expenditure Reports must provide a detailed breakdown of each type. All Revenue and Expenditure Reports will be reviewed and must be approved by the HCA Contract Manager or his/her designee prior to ongoing payment. 3.4.3 HCA will return incorrect or incomplete Revenue and Expenditure Reports to the Contractor for correction and reissue. 3.4.4 In order to receive allocations under this agreement, Contractor must register with the Statewide Payee Desk at httas://ofm.wa.gov/it-systems/statewide- vendorpayee-services/receiving-payment-state. Payment will be directly deposited in the bank account or sent to the address Contractor designated in its registration. Washington State 8 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 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. 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS 3.5.1 Contractor's Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. 3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding contract performance and deliverables. The HCA Contract Manager has the authority to accept or reject the services provided and must approve Contractor's Revenue and Expenditure Reports prior to subsequent payment(s). 3.5.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. CONTRACTOR Contract Manager Information Health Care Authority Contract Manager Information Name: Gina James Name: Tony Walton Title: Title: Criminal Justice Behavioral Health Administrator Address: 1952 9th Avenue Longview, WA 98632-4045 Address: 626 8th Avenue SE PO Box 42730 Olympia, WA 98504-2730 Phone: 360) 414-5599 Phone: 360) 725-9992 Email: jamesg@co.cowlitz.wa.us Email: tony.walton@hca.wa.gov 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, retum receipt requested, to the parties at the addresses provided in this section. Washington State Health Care Authority 9 CJTA Funded Treatment and Recovery Support HCA Contract K3956 20-011 Exhibit 1 3.6.1 In the case of notice to the Contractor: Cowlitz County 1952 9th Avenue Longview, WA 98632-4045 3.6.2 In the case of notice to HCA: Attention: Contracts Administrator Health Care Authority Division of Legal Services Post Office Box 42702 Olympia, WA 98504-2702 3.6.3 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. In 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 Recitals 3.7.3 Special Terms and Conditions; 3.7.4 General Terms and Conditions; 3.7.5 Attachment 1: Confidential Information Security Requirements; 3.7.6 Schedule A: Statement(s) of Work; 3.7.7 Attachment 2: Quarterly Progress Report Template; 3.7.8 Attachment 3: Quarterly Revenue and Expenditure Report Template; and 3.7.9 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3.8 INSURANCE 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 Washington State 10 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 omission of Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. Contractor certifies that it is self-insured, is a member of a risk pool, or maintains the types and amounts of insurance identified below: 3.8.1 Commercial General Liability Insurance Policy - Provide a Commercial General Liability Insurance Policy, 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. In 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. All policies must be primary to any other valid and collectable insurance. In the event of cancellation, non -renewal, revocation or other termination of any insurance coverage required by this Contract, Contractor must provide written notice of such to HCA within one (1) Business Day of Contractor's receipt of such notice. Failure to buy and maintain the required insurance may, at HCA's sole option, result in this Contract's termination. 3.8.5 Privacy Breach Response Coverage. For the term of this Contract and 3 years following its termination or expiration, Contractor must maintain insurance to cover costs incurred in connection with a security incident, privacy Breach, or potential compromise of Data, including: 3.8.5.1 Computer forensics assistance to assess the impact of the Breach or potential Breach, determine root cause, and help determine whether Washington State 11 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 and the extent to which notification must be provided to comply with Breach notification laws. 3.8.5.2 Notification and call center services for individuals affected by a Breach. 3.8.5.3 Breach resolution and mitigation services for individuals affected by a Breach, including fraud prevention, credit monitoring and identity theft assistance. 3.8.5.4 Regulatory defense, fines and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security law(s) or regulation(s). Upon request, Contractor must submit to HCA a certificate of insurance that* outlines the coverage and limits defined in the Insurance section. If a certificate of insurance is requested, Contractor must submit renewal certificates as appropriate during the term of the contract. 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those 'models. 4.2 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. 4.3 ASSIGNMENT 4.3.1 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 4.34, 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 4.3.1 of the Contract will be null and void. 4.3.2 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. Washington State 12 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.3.3 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 4.4 ATTORNEYS' FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys' fees and costs. 4.5 CHANGE -IN -STATUS— - In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify HCA of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.6 CONFIDENTIAL INFORMATION PROTECTION 4.6.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without HCA's express written consent or as provided by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information (See Attachment 1: Confidential Information Security Requirements). 4.6.2 Contractors that come into contact with Protected Health Information may be required to enter into a Business Associate Agreement with HCA in with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400 -13424, H.R. 1 (2009) HITECH Act) (HIPAA). 4.6.3 HCA reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 4.6.4 The obligations set forth in this Section will survive completion, cancellation, expiration, or termination of this Contract. Washington State 13 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.7 CONFIDENTIAL INFORMATION SECURITY The federal govemment, including the Centers for Medicare and Medicaid Services CMS), and the State of Washington all maintain security requirements regarding privacy, data access, and other areas. Contractor is required to comply with the Confidential Information Security Requirements set out in Attachment 1 to this Contract and appropriate portions of the Washington OCIO Security Standard, 141.10 httns://ocio.wa.aov/policies/141-securing-information-technolonv-assets/14110-securino- information-technologv-assets). 4.8 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION 4.8.1 Contractor must notify the HCA Privacy Officer (HCAPrivacyOfficerCa.hca.wa.gov) within five Business Days of discovery of any Breach or suspected Breach of Confidential Information. 4.8.2 Contractor will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. Contractor agrees to indemnify and hold HCA harmless for any damages related to unauthorized use or disclosure of Confidential Information by Contractor, its officers, directors, employees, Subcontractors or agents. 4.8.3 If 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: 4.8.3.1 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. 4.8.3.2 In any case, Contractor will pay the reasonable costs of notification to individuals, media, and govemmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients (such as paying for regular credit watches in some cases). 4.8.3.3 Contractor will compensate HCA clients for harms caused to them by any Breach or possible Breach. 4.8.4 Any breach of this clause may result in termination of the Contract and the demand for retum or disposition (Attachment 1, Section 6) of all Confidential Information. 4.8.5 Contractor's obligations regarding Breach notification survive the termination of this Contract and continue for as long as Contractor maintains the Confidential Information and for any breach or possible breach at any time. Washington State 14 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.9 CONTRACTOR'S PROPRIETARY INFORMATION Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records Act, and that this Contract will be a public record as defined in chapter 42.56 -RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, HCA will maintain the confidentiality of Contractor's information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary Information, HCA will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, HCA will release the requested information on the date specified. 4.10 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. 4.11 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. 4.12 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. 4.12.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is Washington State 15 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 not satisfied with the response of the responding party, then the initiating party may request that the HCA Director review the dispute. Any such request from the initiating party must be submitted in writing to the HCA Director within five (5) Business Days after receiving the response of the responding party. The HCA Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The HCA Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.12.2 A party's request for a dispute resolution must: 4.12.3 4.12.2.1 Be in writing; 4.12.2.2 Include a written description of the dispute; 4.12.2.3 State the relative positions of the parties and the remedy sought; 4.12.2.4 State the Contract Number and the names and contact information for the parties; 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. 4.13 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 4.40 Warranties. 4.14 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. 4.15 FUNDING WITHDRAWN, REDUCED OR LIMITED If HCA determines in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then HCA, at its sole discretion, may: 4.15.1 Terminate this Contract pursuant to Section 4.37.3, Termination for Non - Allocation of Funds; Washington State 16 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.15.2 Renegotiate the Contract under the revised funding conditions; or 4.15.3 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 resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this Contract. 4.15.3.1 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. 4.15.3.2 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. 4.15.3.3 If the Contractor's proposed resumption date is not acceptable to HCA and an acceptable date cannot be negotiated, HCA may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. 4.16 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. Nothing in this Contract will be construed as a waiver by HCA of the State's immunity under the 11th Amendment to the United States Constitution. 4.17 HCA NETWORK SECURITY Contractor agrees not to attach any Contractor -supplied computers, peripherals or software to the HCA Network without prior written authorization from HCA's Chief Information Officer. Unauthorized access to HCA networks and systems is a violation of HCA Policy and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the HCA visitor Wr-Fi Internet connection while on site. Washington State 17 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.18 INDEMNIFICATION Contractor must defend, indemnify, and save HCA harmless from and against all claims, including reasonable attorneys' fees resulting from such claims, for any or all injuries to persons or damage to property, or Breach of its confidentiality and notification obligations under Section 4.6 Confidential information Protection and Section 4.7 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. 4.19 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. 4.20 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. 4.21 LEGAL AND REGULATORY COMPLIANCE 4.21.1 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. 4.21.2 While on the HCA premises, Contractor must comply with HCA operations and process standards and policies (e.g., ethics, Internet / email usage, data, network and building security, harassment, as applicable). HCA will make an electronic copy of all such policies available to Contractor. 4.21.3 Failure to comply with any provisions of this section may result in Contract termination. 4.22 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. Washington State 18 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.23 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. 4.24 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 VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or terminated in whole or in part under the Termination for Default sections, and Contractor may be declared ineligible for further contracts with HCA. 4.25 OVERPAYMENTS TO CONTRACTOR In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor will refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, HCA may charge Contractor one percent (1%) per month on the amount due, until paid in full. If the Contractor disagrees with HCA's actions under this section, then it may invoke the dispute resolution provisions of Section 4.12 Disputes. 4.26 PAY EQUITY 4.26.1 Contractor represents and warrants that, as required by Washington state law Laws of 2017, Chap. 1, § 213), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.26.2 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. 4.26.3 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. Washington State 19 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.26.4 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. 4.26.5 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. 4.27 PUBLICITY 4.27.1 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. 4.27.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name with Contractor's Services may, in HCA's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA prior to such use. 4.28 RECORDS AND DOCUMENTS REVIEW 4.28.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by HCA, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR 447.2021 4.28.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. 4.28.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. Washington State 20 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.29 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 4.30 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to HCA, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 4.31 RIGHTS IN DATA/OWNERSHIP 4.31.1 HCA and Contractor agree that all data and work products (collectively "Work Product") produced pursuant to this Contract will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. 4.31.2 If for any reason the Work Product would not be considered a work for hire under applicable law, Contractor assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.31.3 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. 4.31.4 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. 4.31.5 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 Washington State 21 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 4.31.6 20-011 Exhibit 1 Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 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. 4.32 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 4.33 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. 4.34 SUBCONTRACTING 4.34.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of the work contemplated under this Contract without prior written approval of HCA. HCA has sole discretion to determine whether or not to approve any such subcontract. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to HCA for any breach in the performance of Contractor's duties. 4.34.2 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any subcontracts. 4.34.3 If at any time during the progress of the work HCA determines in its sole judgment that any Subcontractor is incompetent or undesirable, HCA will notify Contractor, and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work. 4.34.4 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. Washington State 22 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.34.5 HCA has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. 4.35 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. In addition, the terms of the sections titled Confidential Information Protection, Confidential Information Breach — Required Notification, Contractor's Proprietary Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents Review, Rights in Data/Ownership, and Rights of State and Federal Governments will survive the termination of this Contract. The right of HCA to recover any overpayments will also survive the termination of this Contract. 4.36 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 govemment, 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. 4.37 TERMINATION 4.37.1 TERMINATION FOR DEFAULT In the event HCA determines that Contractor has failed to comply with the terms and conditions of this Contract, HCA has the right to suspend or terminate this Contract. HCA will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. HCA reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by HCA to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. Washington State 23 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a Termination for Convenience." 4.37.2 TERMINATION FOR CONVENIENCE When, at HCA's sole discretion, it is in the best interest of the State, HCA may terminate this Contract in whole or in part by providing ten (10) calendar days' written notice. If this Contract is so terminated, HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.37.3 TERMINATION FOR NONALLOCATION OF FUNDS If funds are not allocated to continue this Contract in any future period, HCA may immediately terminate this Contract by providing written notice to the Contractor. 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. 4.37.4 TERMINATION FOR WITHDRAWAL OF AUTHORITY In the event that the authority of HCA to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such withdrawal of authority at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.37.5 TERMINATION FOR CONFLICT OF INTEREST HCA may terminate this Contract by written notice to the Contractor if HCA determines, after due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated, HCA will be entitled to pursue the same remedies against the Contractor as it could pursue in the event Contractor breaches the contract. Washington State 24 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 4.38 TERMINATION PROCEDURES 4.38.1 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. 4.38.2 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 4.12 Disputes. HCA may withhold from any amounts due the Contractor such sum as HCA determines to be necessary to protect HCA against potential loss or liability. 4.38.3 After receipt of notice of termination, and except as otherwise directed by HCA, Contractor must: 4.38.3.1 Stop work under the Contract on the date of, and to the extent specified in, the notice; 4.38.3.2 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; 4.38.3.3 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; 4.38.3.4 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; 4.38.3.5 Transfer title to and deliver as directed by HCA any property required to be furnished to HCA; 4.38.3.6 Complete performance of any part of the work that was not terminated by HCA; and 4.38.3.7 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 Washington State 25 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 20-011 Exhibit 1 are in the possession of the Contractor and in which HCA has or may acquire an interest. 4.39 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. 4.40 WARRANTIES 4.40.1 Contractor represents and warrants that it will perform all services pursuant to this Contract in a professional manner and with high quality and will immediately re -perform any services that are not in compliance with this representation and warranty at no cost to HCA. 4.40.2 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. 4.40.3 Any written commitment by Contractor within the scope of this Contract will be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and will render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor to HCA or contained in any Contractor publications, or descriptions of services in written or other communication medium, used to influence HCA to enter into this Contract. Washington State 26 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3856 20-011 Exhibit 1 Schedule A Statement of Work Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to, the performance of work as set forth below. 1. Definitions American Society of Addiction Medicine" or "ASAM"means the six dimensions to identify the intensity of treatment services that best fits the individual's needs and provides a common language of holistic, biopsychosocial assessment, and treatment across addiction treatment, physical health, and mental health services, which also addresses the spiritual issues relevant in recovery. Case Management" or "Case Management Services" means services provided by a Substance Use Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT) licensed by the Washington Department of Health, or a person under the direct clinical supervision of a SUDP, to individuals assessed as needing treatment and admitted into treatment. Services are provided to assist clients in gaining access to needed medical, social, educational, and other services. Services include case planning, case consultation and referral, and other support services for the purpose of engaging and retaining or maintaining clients in treatment. Continuity of Care" means the provision of continuous care for chronic or acute medical and behavioral health conditions to maintain care that has started or been authorized to start as the Individual transitions between: facility to home; facility to another facility; providers or service areas; managed care contractors; and Medicaid fee-for-service and managed care arrangements. Continuity of Care occurs in a manner that prevents secondary illness, health care complications, or re -hospitalization; and promotes optimum health recovery. County Match" means that jurisdictions must match, on a dollar -for -dollar basis, state moneys allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the state may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts RCW 2.30.040). Criminal Justice Treatment Account" or "CJTA" means the account created by Washington State Legislature that may be expended solely for: substance use disorder treatment and treatment support services for individuals with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attomey in Washington State (RCW 71.24.580). CJTA Plan" or "Plan" means the plan that is developed by the county human services or behavioral health services department, county prosecutor, county sheriff, county superior court, a substance use disorder treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court (RCW 71.24.580(6)). The plan shall be approved by the county legislative authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of this section, for disposition of all the funds provided from the CJTA within that county. Culturally and Linguistically Appropriate Services" or "CLAS" means the national standards in health and health care intended to advance health equity, improve quality, and eliminate health disparities by establishing a blueprint for health and health care organizations. Washington State 27 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 Division of Behavioral Health and Recovery" or "DBHR" means the Health Care Authority's Division of Behavioral Health and Recovery, and its employees and authorized agents. Drug Court" means a court utilizing a program structured to achieve both a reduction in criminal recidivism and an increase in the likelihood of rehabilitation through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). Evidence -based Practice" or "EBP" means a prevention or treatment service or practice that has been validated by some form of documented research evidence and is appropriate for use with individuals with a substance use disorder that are involved in the criminal justice system. EBP also means a program or practice that has been tested where the weight of the evidence from review demonstrates sustained improvements in at least one outcome, and/or a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost -beneficial. Individual" means any person in the criminal justice system who is in need of behavioral health services, regardless of income, ability to pay, insurance status or county of residence. Medication Assisted Treatment (MAT)" or "Medications for Opioid Use Disorder (MOOD)" both mean the use of FDA -approved opioid agonist medications (e.g., methadone, buprenorphine products including buprenorphine/naloxone combination formulations and buprenorphine mono - product formulations) for the treatment of opioid use disorder and the use of opioid antagonist medication (e.g. naltrexone products including extended-release and oral formulations) to prevent relapse to opioid use. Outreach" or "Community Outreach" means identification of hard -to -reach Individuals with a possible SUD and engagement of these individuals in assessment and ongoing treatment services as necessary. Research -based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence -based (RCW 2.30.020). Recovery Support Services" or "RSS" means services that are intended to promote an individual's socialization, recovery, self -advocacy, development of natural support, and maintenance of community living skills. RSS include, but are not limited to, the following services: Supported employment services, supportive housing services, peer support services, wraparound facilitation services, and any other services that are conducive to an individual's recovery in an Substance Use Disorder (SUD) Program (WAC 246-341-0718). Substance Use Disorder" or "SUD" means a problematic pattem of using alcohol or another substance that results in the impairment in daily life or noticeable distress; and, whereby the individualcontinues use despite leading to clinically significant impairment or distress as categorized in the DSM -5. Substance Use Disorder Professional" or "SUDP" means an individual who is certified according to RCW 18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD services. Substance Use Disorder Professional Trainee" or "SUDPT" means an individual working toward the education and experience requirements for certification as a chemical dependency professional, and who has been credentialed as a CDPT Washington State 28 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 Therapeutic Courts" means a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out -of -home placements of children, termination of parental rights, and substance use and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives RCW 2.30.020). Treatment" means services that are critical to a participant's successful completion of his or her substance use disorder treatment program, including but not limited to the recovery support and other programmatic elements outlined in Chapter 246-341 WAC. Treatment Support" means services such as transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions. Washington State Jail" or "Jail" means any city, county, regional, or tribal jail operating in the state of Washington. 2. Purpose Contractor will provide treatment and recovery support services, funded by Criminal Justice Treatment Account funds, to individuals involved in the criminal justice system in accordance with RCW 71.24.580. 3. CTJA Account Services Specific Eligibility and Funding Requirements In addition to state funding through the CJTA, several counties receive additional state funding for specific Drug Courts. State Drug Court funding is provided to the following counties: Clallam, Cowlitz, King, Kitsap, Pierce, Skagit, Spokane, and Thurston. The counties that receive supplemental state Drug Court funding must ensure the provision of substance use disorder treatment and support services detailed below, and in accordance with RCW 71.24.580 ad RCW 2.30.030. a. In accordance with RCW 71.24.580, the Contractor will be responsible for treatment and recovery support services for criminally involved individuals. b. CJTA Statutory Funding Guidelines 1. In accordance with RCW 2.30.040 counties that allocate CJTA and/or State Drug Court funds to a Therapeutic Court Program must match, on a dollar -for -dollar basis, an equal amount of local funding through cash or in-kind resources. Moneys appropriated under this provision may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts. 2. No more than ten percent (10%) of the total CJTA funds may be used for the following support services combined: i. Transportation; and ii. Child Care Services. 3. At a minimum, thirty percent (30%) of the CJTA funds for special projects that meet any or all of the following conditions: Washington State 29 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 i. An acknowledged best practice (or treatment strategy) that can be documented in published research; ii. An approach utilizing either traditional or best practice approaches to treat significant underserved population(s) and populations who are disproportionately affected by the criminal justice system; iii. A regional project conducted in partnership with at least one other entity serving the service area; and/or iv. CJTA Special Projects. A special project would HCA retains the right to request progress reports on CJTA special projects. 4. CJTA Funding — Allowable Services a. Brief Intervention (any level, assessment not required); b. Acute Withdrawal Management (ASAM Level 3.7WM); c. Sub -Acute Withdrawal Management (ASAM Level 3.2WM); d. Outpatient Treatment (ASAM Level 1); e. Intensive Outpatient Treatment (ASAM Level 2.1); f. Opioid Treatment Program (ASAM Level 1); g. Case Management (ASAM Level 1.2); h. Intensive Inpatient Residential Treatment (ASAM Level 3.5); i. Long-term Care Residential Treatment (ASAM Level 3.3); j. Recovery House Residential Treatment (ASAM Level 3.1); k. Assessment (to include Assessments done while in jail); I. Interim Services; m. Community Outreach; n. Involuntary Commitment Investigations and Treatment; o. Room and Board (Residential Treatment Only); p. Transportation; q. Childcare Services; r. Urinalysis; s. Recovery Support Services that may include: Washington State 30 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 1. Employment services and job training; 2. Relapse prevention; 3. Family/marriage education; 4. Peer-to-peer services, mentoring and coaching; 5. Self-help and spiritual, religious support groups; 6. Housing support services (rent and/or deposits); 7. Life skills; 8. Education Training (e.g. GED Assistance); and 9. Parent education and child development. t. Substance Use Disorder treatment in the Jail: 1. CJTA funds may not supplant any currently funded programs that previously existed in a Jail environment. 2. The Contractor may not use more than 30% of their allocation for treatment in the Jail unless they receive written authorization from the HCA Contract Manager. 3. If CJTA funds are utilized for these purposes, the Contractor must attempt to provide treatment with the following stipulations: i. Identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate their retum to the community; ii. Continue treatment services with individuals who were engaged in community-based treatment prior to their incarceration, with the intent to complete the outpatient treatment episode; and iii. Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment. 4. The following treatment modalities may be provided through CJTA funding: i. Engaging individuals in SUD treatment; ii. Screening, assessing, and inducting individuals on MOUD; iii. Referral to SUD services; iv. Providing continuity of care; and v. Planning for an individual's transition from Jail. Washington State 31 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 5. MAT in Therapeutic Courts Per RCW 71.24.580, "If a region or county uses criminal justice treatment account.funds to support a therapeutic court, the therapeutic court must allow the use of all medications approved by the federal food and drug administration for the treatment of opioid use disorder as deemed medically appropriate for a participant by a medical professional. If appropriate medication -assisted treatment resources are not available or accessible within the jurisdiction, the health care authority's designee for assistance must assist the court with acquiring the resource." a. The Contractor, under the provisions of this Contract, will abide by the following guidelines related to CJTA and Therapeutic Courts: 1. The Contractor will only subcontract with Therapeutic Courts that have policy and procedures allowing Participants at any point in their course of treatment to seek FDA - approved medication for any substance use disorder and ensuring the agency will provide or facilitate the induction of any prescribed FDA approved medications for any substance use disorder. 2. The Contractor will only subcontract with Therapeutic Court programs that work with licensed SUD behavioral health treatment agencies that have policy and procedures in place ensuring they will not deny services to Enrollees who are prescribed any of the Federal Drug Administration (FDA) approved medications to treat all substance use disorders. 3. The Contractor may not subcontract with a Therapeutic Court program that is known to have policies and procedures in place that mandate titration of any prescribed FDA approved medications to treat any substance use disorder, as a condition of participants being admitted into the program, continuing in the program, or graduating from the program, with the understanding that decisions conceming medication adjustment are made solely between the participant and their prescribing provider. 4. The Contractor must notify the HCA if it discovers that a CJTA funded Therapeutic program is practicing any of the following: i. Requiring discontinuation, titration, or alteration of their medication regimen as a precluding factor in admittance into a Therapeutic Court program; ii. Requiring participants already in the program discontinue MOUD in order to be in compliance with program requirements; iii. Requiring discontinuation, titration, or alteration of their MOUD medication regimen as a necessary component of meeting program requirements for graduation from a Therapeutic Court program. 5. All decisions regarding an individual's amenability and appropriateness for MOUD will be made by the individual in concert with a medical professional. 6. CJTA Plan Washington State 32 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 a. The Contractor must coordinate with the local CJTA panel for the county in order to facilitate the planning requirement as described in RCW 71.24.580(6). County level funding priorities are established by the local CJTA Panel. The plans should detail the coordination within the county, leverage the needed services for the community, and reach the intended population for the CJTA fund. Any CJTA funded efforts must be included in the CJTA Plan, including the following specific elements: 1. Describe in detail how substance use disorder treatment and support services will be delivered within the region; 2. Per section 3.b.1 of this Statement of Work, address the CJTA Account Match Requirement if funds provide treatment or recovery support services for therapeutic court participants; 3. Include details on special projects such as best practices/treatment strategies, significant underserved population(s), or regional endeavors, including the following: i. Describe the project and how it will be consistent with the strategic plan; ii. Describe how the project will enhance treatment services for individuals in the criminal justice system; iii. Indicate the number of individuals who will be served using innovative funds; iv. If applicable, indicate plans for inclusion of MOUD within the county's Therapeutic Court programs; and v. Address the Fiscal and programmatic Data Reporting requirements found in Section 7 of this Statement of Work. 4. The Local CJTA Panel must approve the Contractor's CJTA Plan through a consensus. A majority vote is sufficient if a consensus is not reached. 5. The final approved plan must be approved by the county's legislative authority. 6. Completed and legislatively approved plans must be submitted to the HCA for Review and Approval. Plan will be forwarded to the State CJTA Panel once approved by the HCA. The Contractor must implement the plan as it is written and notify the HCA if any changes are made. 7. CJTA Plans are due by October 15, 2019 and are updated every two years to coincide with the state fiscal biennium. Contractor may reasonable request an extension of up to 30 calendar days on the CJTA Plan due date, and HCA may approve the extension in its sole discretion. 7. Data Reporting Requirements a. The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and related data systems to oversee all data interfaces and support the specific reporting requirements under Contract. Washington State 33 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 b. The Contractor shall ensure that all Subcontractors required to report programmatic data have the capacity to submit all HCA required data to enable the Contractor to meet the requirements under the Contract. c. There are three quarterly reports that the Contractor will be responsible for submitting: The Quarterly Progress Report (QPR), the Revenue and Expenditure Report (R&E), and the Programmatic Treatment Report (PTR). 1. The Contractor will be responsible for submitting the QPR. The HCA will provide the Contractor with a template form that will report on the following program elements: i. Number of individuals served under CJTA funding for that time period; ii. Barriers to providing services to the Criminal Justice Population; iii. Strategies to overcome the identified barriers; iv. Training and Technical assistance needs; v. Success stories or narratives from individuals receiving CJTA services; and vi. If a Therapeutic Court receives CJTA funded services, the number of admissions of individuals into the program who were either already on MOUD, referred to MOUD, or were provided information regarding MOUD. 2. The Contractor will be responsible for submitting the R&E on a quarterly basis. The HCA will provide the Contractor with a template form that captures the fiscal expenditures for that quarter. The Contractor: i. Will use the Excel spreadsheet provided by the HCA; ii. Will report the amount of CJTA expenditures in their Contractor for each state fiscal quarter (State Fiscal quarters end on March 31, June 30, September 30, and December 31); iii. Complete the document in its entirety; and iv. Submit the internally reviewed and complete R&E report within 45 days of the end of each State Fiscal Quarter. 3. The Contractor is responsible for submitting the PTR each quarter through a Secure File Transfer (SFT). The HCA will provide the Contractor with an excel workbook template that will capture a variety of demographic and programmatic data that supports the services being provided by the state appropriations. In addition, this process will include the following: i. The Contractor will ensure that their subcontractor has the bandwidth to complete all data elements requested in the PTR. Washington State 34 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 20-011 Exhibit 1 ii. The Contractor may allow the subcontractor to do all data entry but the PTR must be submitted into the Behavioral Health Data System (BHDS) by the Contractor through the established Secure File Transfer procedure within 45 days of the end of each State Fiscal Quarter. The Contractor may request an extension of this requirement during the first Contract term. iii. The Contractor will review for completeness and accuracy each PTR that they receive from the subcontractor. iv. The Contractor will work with their subcontractors to ensure that any applicable Release of Information (ROI) forms are updated to account for the sharing of Personal Health Information (PHI) with the HCA. Washington State 35 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 1 Attachment 1 Confidential Information Security Requirements 1. Definitions 20-011 Exhibit 1 In addition to the definitions set out in this Contract for CJTA Funded Treatment and Recovery Support Services, 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 extemal authentication must be a minimum of 10 characters long. ii. Passwords for intemal 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; or flash media (e.g. 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.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information 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 Information 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 Information 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.g. 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 36 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 1 20-011 Exhibit 1 g. "Unique User ID" 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 Information electronically, including via email, the Data must be encrypted using NIST 800 -series approved algorithms htto://csrc.nist.qov/publications/PubsSPs.html). This includes transmission over the public intemet. b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: a. Data at Rest: i. Data will be encrypted with NIST 800 -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 ID, 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 Information 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: Washington State Health Care Authority Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800 -series approved algorithms. Encryption keys will be stored and protected independently of the Data. HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Contract. If so authorized, the Receiving Party must protect the Data by: 1. Encrypting with NIST 800 -series approved algorithms. Encryption keys will be stored and protected independently of the data; 2. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; 3. Keeping devices in locked storage when not in use; 4. Using check-in/check-out procedures when devices are shared; 37 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 1 20-011 Exhibit 1 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 Information 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 Information received under this Contract must be segregated or otherwise distinguishable from non -HCA data. This is to ensure that when no longer needed by the Contractor, all HCA Confidential Information can be identified for retum or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. a. The HCA Confidential Information must be kept in one of the following ways: i. on media (e.g. hard disk, optical disc, tape, etc.) which will contain only HCA Data; or ii. in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or iii. in a database that will contain only HCA Data; or iv. within a database and will be distinguishable from non -HCA Data by the value of a specific field or fields within database records; or v. 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 Information from non - HCA data, then both the HCA Confidential Information and the non -HCA data with which it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors If HCA Confidential Information provided under this Contract is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http:llcsrc.nist.gov/publications/PubsSPs.html). Washington State Health Care Authority 38 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 1 20-011 Exhibit 1 a. For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. Washington State Health Care Authority 39 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 1 20-011 Exhibit 1 Attachment 2: Quarterly Progress Report Template CRIMINAL JUSTICE TREATMENT ACCOUNT QUARTERLY PROGRESS REPORT Please respond to each question and submit as a separate attachment with your quarterly R&E Report to: tonv.walton@hca.wa.eov Report Quarter July 2019 to September 2019 DOctober 2019 to December 2019 OJanuary 2020 to March 2020 April 2020 to June 2020 Name of County completing Report: Click or tap here to enter text. Please enter your status for each item, if item is incomplete please list your plan of correction (POC) including actions to be taken and target date for completion. • 1. Contractor entered all encounters and supplemental transactions funded by CJTA into the "CJTA Provider Entry Workbook"? Yes No If no, please enter POC. 2. County submitted the CJTA Programmatic Treatment Report through the Secure File Transfer? Yes No If no, please enter POC. 3. County submitted the Quarterly Revenue and Expenditure Report? Yes No If no, please enter POC. Washington State Health Care Authority 40 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 3 20-011 Exhibit 1 Attachment 2: Quarterly Progress Report Template 4. County has made attempts to expand access to Recovery Support Services for the intended population? OYes ONo If no, please enter POC. 5. CJTA funding provides services for individual in a Therapeutic Court Program? OYes ONo If Yes, please indicate the number of individuals who were admitted into the program during this quarter who are receiving medication assisted treatment or medications for opioid use disorder: If Yes, please indicate what medications the individuals admitted into the program during this quarter are receiving (e.g. Buprenorphine, Methadone, Naltexone): 6. Is there any indication that the Therapeutic Court programs benefitting from CJTA are denying access to, or requiring titration from, any medications for opioid use disorder? OYes ONo Please enter any additional comments here: 7. CJTA funding used in the local, county, city, or tribal Jail? OYes ONo If Yes, please indicate any barriers to providing treatment services and transitioning individuals into the community: Washington State 41 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3956 Attachment 3 20-01.1 Exhibit 1 Attachment 2: Quarterly Progress Report Template 8. List any other significant accomplishments. 9. List any training or technical assistance needs. 10. Summarize any barrier(s) encountered and plans to overcome the barrier(s) with timeline. 11. Please include any other comments you would like to convey to the HCA Contract Manager: Completed By: Date: Washington State Health Care Authority 42 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 3 20-011 Exhibit 1 Attachment 3: Quarterly Revenue and Expenditure Report Template CJTA Revenue & Expenditure Report County Name Month l - IMonth l [Year] REVENUES AMOUNT Non -Medicaid Revenues Criminal Justice Treatment Acct (CJTA) State Drug Court (CJTA) TOTAL REVENUES EXPENDITURES - Substance Use Disorder AMOUNT Number Served Assessment (to include assessments done while in jail) Interim Services Community Outreach Brief Intervention (Any level, assessment not required) Acute Withdrawal Management (Detoxification) Involuntary Commitment Investigations and Treatment Sub -Acute Withdrawal Management (Detoxification) Outpatient Treatment (Group or Individual) Intensive Outpatient Treatment Opiate Substitution Treatment Case Management Urinalysis Room and Board (Residential Treatment only) Intensive Inpatient Residential Treatment Services Long -Tem Care Residential Treatment Services Recovery House Residential Treatment Services Treatment in the jail (8 Sessions) Recovery Support Services Administration -10% Maximum Transportation Childcare Services TOTAL EXPENDITURES Washington State Health Care Authority 43 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 3 20-011 Exhibit 1 Attachment 3: Quarterly Revenue and Expenditure Report Template Additional Required Reporting: CJTA Amount Adult Youth 100% Match PPW 0.00 Total Discrepancy CJTA - Minimum 30% Innovative 100% Match Contracted Directly with Courts 0.00 0.00 Washington State Health Care Authority 44 CJTA Funded Treatment and Recovery Support HCA Contract K3956 Attachment 3 MI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEDIYYYY) 03/11/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Longview Commercial Insurance P.O. Box 9 Longview, WA 98632INSURERA: CONTACT Traci WinnsNAME: PHONE 800 499-0933 FAX 941C, No, Ext): (A1C, No): 866 577-1326 aDRIESS: traci.wills@propelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Philadelphia Indemnity Ins Company 18058 INSURED Cowlitz Family Health Center 105712th Ave. Longview, WA 98632 INSURER B : Travelers Casualty & Surety Co. of Amer 31194 INSURER C 08/15/2020 INSURER D 1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY) POLICY EXP MM1DDlYYYY) LIMITS A X COMMERCIAL GENERAL UABIUTY PHPK2018646 08/15/2019 08/15/2020 EACH OCCURRENCE 1,000,000 X OCCUR PREM/GE Tp Raorrrence) WON (E 00 OOO1, 1,000,000 MED EXP (Any one person) 520,000 1,000,000 53,000,000 PERSONAL & ADV INJURY GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PER: PRO - ECT LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 3,000,000 A AUTOMOBILE X XAUTOS UABIUTY ANY AUTO OWNED AUTOS ONLY ONLY v SCHEDULED AUTOS NON -OWNED AUTOS ONLY PHPK2018646 08/15/2019 08/15/2020 COMBINdeEDnt) SINGLE LIMIT Ea aca 1 000,000 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident) A X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE PHUB687997 08/15/2019 08/15/2020 EACH OCCURRENCE 5,000,000 AGGREGATE 55,000,000 DED X RETENTION 510,000 A WORKERS COMPENSATION EMPLOYERS' LABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below Y1 N N N 1 A PHPK2018646 WA STOP GAP 08/15/2019 08/15/2020 STATUTE X ERMUTE E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE 51,000,000 E.L. DISEASE - POLICY UMIT 1,000,000 B Cyber Liability 107155042 09/12/2019 09/12/2020 $1,000,000 Limit 10,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACOR0101, Additional Remarks Schedule, may Cowlitz County is additional insured per attached endorsement be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION Cowlitz County Health Dept. 1952 9th Avenue Longview, WA 98632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD S4048037/M3744544 JKOO This page has been leftblank intentionally. PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability 50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy 30,000 limit 2 Damage to Premises Rented to You 1,000,000 3 HIPAA Clarification 4 Medical Payments 20,000 5 Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments — Bail Bonds 5,000 5 Supplementary Payment — Loss of Eamings 1,000 per day 5 Employee Indemnification Defense Coverage 25,000 5 Key and Lock Replacement — Janitorial Services Client Coverage 10,000 limit 6 Additional Insured — Newly Acquired Time Period Amended 6 Additional Insured — Medical Directors and Administrators Included 7 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured — Broadened Named Insured Included 7 Additional Insured — Funding Source Included 7 Additional Insured — Home Care Providers Included 7 Additional Insured — Managers, Landlords, or Lessors of Premises Included 7 Additional Insured — Lessor of Leased Equipment Included 7 Additional Insured — Grantor of Permits Included 8 Additional Insured — Vendor Included 8 Additional Insured — Franchisor Included 9 Additional Insured — When Required by Contract Included 9 Additional Insured — Owners, Lessees, or Contractors Included 9 Additional Insured — State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury — includes Mental Anguish Included 11 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: 3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: 2) A watercraft you do not own that is: a) Less than 58 feet long; and b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (1 0/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: 1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word afire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V — DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) G. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I— COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION 1— COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. 1. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I— COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: 1) Any natural person: a) While in your service or for 30 days after termination of service; b) Who you compensate directly by salary, wages or commissions; and c) Who you have the right to direct and control while performing services for you; or 2) Any natural person who is fumished temporarily to you: a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. 3) "Employee" does not mean: a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional lnsureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co - employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source — Any person or organization with respect to their liability arising out of: 1) Their financial control of you; or 2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: 1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; b) The construction, erection, or removal of elevators; or c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury' or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1) The insurance afforded the vendor does not apply to: a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b) Any express warranty unauthorized by you; c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i) The exceptions contained in Sub -paragraphs (d) or (f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1) Your acts or omissions; or 2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: 1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. 2) This insurance does not apply to: a) `Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or b) `Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the `occurrence" or offense is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; or 3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; or 3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a Toss, provided the waiver is made in a written contract. P. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: 1) Any insured; or 2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company AS -10613 BOCC Agenda Meeting Date: 03/24/2020 Contract with Lower Columbia CAP Submitted For: Dee Wirkkala Department: District Court Motion Items 3. 1-a-1,9 I eel wit: -1-1.- I M txv S 20 zr: Submitted By: Lisa Huckleberry Information Subject and Summary Statement The purpose of County Contract No. 001-2020 with Lower Columbia CAP is to provide a Judicial Coordinator for the Community Court program under the direction of Cowlitz County District Court,. The maximum consideration for this contract shall not exceed $78,000 during the period January 1, 2020 through December 31, 2020. Funding for this agreement comes from the Mental Health Sales Tax. Will Staff Attend - NAME OF STAFF Yes, Dee Wirkkala. Department Recommendation Cowlitz County District Court recommends the Board approve County Contract No. 001-2020 with Lower Columbia CAP. Expenditure Required $: 78000 Budget Sufficient Y -N: Y Amendment Required Y -N: N Source of Funds - What Dept ? : 121100 Grant Y -N: N 001-2020 Community Court Insurance Certificate Fiscal Impact Attachments Form Review Form Started By: Lisa Huckleberry Started On: 02/28/2020 04:42 PM Final Approval Date: 02/28/2020 Lower GREAT 1.5 c IVERS BEHAVIORAL HEALTH 1. MEASURES & OUTCOMES Cowlitz Community Court Monthly Program Report February 2020 MEASURE Current Period Unduplicated Year -to -Date Since Program Inception Number Required to Show Compliance Number Showing Compliance 1 Number of new Community Court participants 2 2 32 2 2 Number of Community Court participants offered Opt -In 3 3 42 2 2 Number of new Community Court participants with SOC 2 2 32 2 2 Total number of Community Court participants 20 20 32 20 15 2 Number of referrals to community resources per Action Plan 8 32 130 20 15 Mental Health (Mandatory) 2 7 23 15 11 SUD Treatment (Mandatory) 0 0 5 0 0 Co -Occurring Mental Health/SUD Treatment (Mandatory) 3 6 12 6 5 Housing (Recommendation) 1 3 17 0 0 Employment/Income (Recommendation) 2 4 20 0 0 Education (Recommendation) 0 2 18 0 0 Legal (NWJP/CWLA) (Recommendation) 0 0 2 0 0 Veteran Services (Recommendation) 0 1 2 0 0 Basic Needs — Food (Recommendation) 0 2 12 0 0 Basic Needs — Other (Recommendation) 0 6 16 0 0 COMMUNITY AGENCIES PARTICIPATING IN SERVICE FAIR MEASURE Current Period Unduplicated Year -to -Date Since Program Inception Number Required to Show . Compliance Number Showing Compliance 5 Recidivism 0 0 0 N/A N/A Number who recidivated during program participation 0 0 0 N/A N/A o Recidivism Rate 0 0 0 N/A N/A Number who recidivated following program exit 0 0 0 N/A N/A o Recidivism Rate 0 0 0 N/A N/A 6 Number of program exits 3 8 18 N/A N/A Graduation/Completion 2 6 8 N/A N/A Revoked for Non -Compliance 0 0 0 N/A N/A Offered but did not opt -in 1 2 6 N/A N/A Identified by Prosecutor but never appeared in court 0 0 0 N/A N/A Given opt -in but not approved by Prosecutor 0 0 4 N/A N/A Deceased 0 0 0 N/A N/A New Offenses 0 0 0 N/A N/A 7 Service entry event 4 9 50 N/A N/A Number of community agencies/resources present 6 6 35 N/A N/A Number of attendees — Community Court 3 11 42 N/A N/A Number of attendees — General Public 12 28 142 N/A N/A COMMUNITY AGENCIES PARTICIPATING IN SERVICE FAIR DSHS Kelso Community Services Office (CSO) River City Transit Columbia Wellness Community Health Partners Lower Columbia CAP Cowlitz Family Health Center GOALS 1. Reduce recidivism for program participants No recidivism occurred this month or since program conception. 2. Increase Access to Community Resources The community court resource fairs have continued to be an asset to the community. There have been 4 resource fairs with 6 service providers represented the month of February. In total 22 service providers have been represented during the resource fairs. The resource fairs have been attended by a total of 42 Community Court clients and 142 individuals from the community in total. 3. Increase penetration rate for behavioral health services The penetration rate for behavioral health services within the program is 75% at this time with 15 out of 20 participating. 4. Decrease in Crisis Response One client has used a Crisis Response service this month. It is the first client since the beginning of the program 5. Increase in proactive engagement of individuals needing behavioral care services Of the 42 individuals that have been given opt -in forms 32 have signed a SOC and have been or are currently active Community Court defendants and are involved in behavioral health services. 6. Community cost savings Based on approximately $99.45 per day for jail cost, at the end of January an additional minimum of approximately $9,000 was saved by the Cowlitz Community Court for a total savings of $37,592. Again, based on the estimate of $99.45 per day for jail cost, at the end of February an additional minimum of approximately $2000 was saved by the Cowlitz Community Court for a total savings of $39,592 since March 2019. When estimating savings of jail costs, it is only based on the time of possible incarceration at time of arrest it is not based on if the individual was sentenced; which would then increase the jail costs significantly. Gross Misdemeanors can incur up to 364 days in jail and up to a $5,000 fine. There has been a total of 39 Opt -ins presented to the Community Court program, however, only 30 have completed the entry agreement. 20 Clients are currently active. 1. 17 VI4 gSMIN6 Lower CV) GREAT6- RIVi BEHAVIORAL HEALTH MEASURES & OUTCOMES Cowlitz Community Court Monthly Program Report January 2020 MEASURE Current Period Unduplicated Year -to -Date Since Program Inception Number Required to Show Compliance Number Showing Compliance 1 Number of new Community Court participants 8 8 30 8 8 Number of Community Court participants offered Opt -In 9 9 39 8 8 Number of new Community Court participants with SOC 8 8 30 8 8 Total number of Community Court participants 20 20 30 20 15 2 Number of referrals to community resources per Action Plan 24 24 122 20 15 Mental Health (Mandatory) 5 5 21 12 8 SUD Treatment (Mandatory) 0 0 5 0 0 Co -Occurring Mental Health/SUD Treatment (Mandatory) 3 3 12 6 5 Housing (Recommendation) 3 3 16 0 0 Employment/Income (Recommendation) 2 2 18 0 0 Education (Recommendation) 2 2 18 0 0 Legal (NWJP/CWLA) (Recommendation) 0 0 2 0 0 Veteran Services (Recommendation) 1 1 2 0 0 Basic Needs — Food (Recommendation) 2 2 12 0 0 Basic Needs — Other (Recommendation) 6 6 16 0 0 COMMUNITY AGENCIES PARTICIPATING IN SERVICE FAIR MEASURE Current Period Unduplicated Year -to Date Since Program Inception Number Required to Show Compliance Number Showing Compliance 5 Recidivism 0 0 0 N/A N/A Number who recidivated during program participation 0 0 0 N/A N/A o Recidivism Rate 0 0 0 N/A N/A Number who recidivated following program exit 0 0 0 N/A N/A o Recidivism Rate 0 0 0 N/A N/A 6 Number of program exits 5 5 15 N/A N/A Graduation/Completion 4 4 6 N/A N/A Revoked for Non -Compliance 0 0 0 N/A N/A Offered but did not opt -in 1 1 5 N/A N/A Identified by Prosecutor but never appeared in court 0 0 0 N/A N/A Given opt -in but not approved by Prosecutor 0 0 4 N/A N/A Deceased 0 0 0 N/A N/A New Offenses 0 0 0 N/A N/A 7 Service entry event 5 5 46 N/A N/A Number of community agencies/resources present 6 6 29 N/A N/A Number of attendees— Community Court 8 8 39 N/A N/A Number of attendees — General Public 16 16 130 N/A N/A COMMUNITY AGENCIES PARTICIPATING IN SERVICE FAIR DSHS Kelso Community Services Office (CSO) River City Transit Columbia Wellness Community Health Partners Lower Columbia CAP Cowlitz Family Health Center GOALS 1. Reduce recidivism for program participants No recidivism occurred this month or since program conception. 2. Increase Access to Community Resources The community court resource fairs have continued to be an asset to the community. There have been 5 resource fairs with 6 service providers represented the month of January. In total 22 service providers have been represented during the resource fairs. The resource fairs have been attended by a total of 39 Community Court clients and 130 individuals from the community since the programs conception. 3. Increase penetration rate for behavioral health services The penetration rate for behavioral health services within the program is 75% at this time with 15 out of 20 participating. 4. Decrease in Crisis Response One client has used a Crisis Response service this month. It is the first client since the beginning of the program 5. Increase in proactive engagement of individuals needing behavioral care services Of the 39 individuals that have been given opt -in forms 30 have signed a SOC and have been or are currently active Community Court defendants and are involved in behavioral health services. 6. Community cost savings Based on approximately $99.45 per day for jail costs, at the end of December an additional minimum of approximately $1,000 was saved by the Cowlitz Community Court for a total savings of $28,592 estimated so far for 2019. In January 2020, 9 more referrals with opt -ins were filed. Again, based on the estimate of $99.45 per day for jail cost, at the end of January an additional minimum of approximately $9,000 was saved by the Cowlitz Community Court for a total savings of $37,592 since March 2019. When estimating savings of jail costs, it is only based on the time of possible incarceration at time of arrest it is not based on if the individual was sentenced; which would then increase the jail costs significantly. Gross Misdemeanors can incur up to 364 days in jail and up to a $5,000 fine. There has been a total of 39 Opt -ins presented to the Community Court program, however, only 30 have completed the entry agreement. 20 Clients are currently active. 1. LowerColumbia GREAT 4VERS OL MEASURES & OUTCOMES Cowlitz Community Court Quarterly Program Report October -December 2019 MEASURE Current Period Unduplicated Year -to -Date Number Required to Show Compliance Number Showing Compliance 1 Number of new Community Court participants 7 22 22 22 Number of Community Court participants offered Opt -In 11 30 22 22 Number of new Community Court participants with SOC 7 22 22 22 Total number of Community Court participants 7 22 22 22 2 Number of referrals to community resources per Action Plan 35 98 22 22 Mental Health (Mandatory) 6 16 16 16 SUD Treatment (Mandatory) 0 5 1 1 Co -Occurring Mental Health/SUD Treatment (Mandatory) 4 9 9 9 Housing (Recommendation) 5 13 0 0 Employment/Income (Recommendation) 6 16 0 0 Education (Recommendation) 5 16 0 0 Legal (NWJP/CWLA) (Recommendation) 0 2 0 0 Veteran Services (Recommendation) 1 1 0 0 Basic Needs — Food (Recommendation) 4 10 2 2 Basic Needs — Other (Recommendation) 4 10 0 0 MEASURE Current Period Unduplicated Year-to-Date Number Required to Show Compliance Number Showing Compliance 5 Recidivism 0 0 N/A N/A Number who recidivated during program participation 0 0 N/A N/A o Recidivism Rate 0 0 N/A N/A Number who recidivated following program exit 0 0 N/A N/A o Recidivism Rate 0 0 N/A N/A 6 Number of program exits 4 10 N/A N/A Graduation/Completion 2 2 N/A N/A Revoked for Non-Compliance 0 0 N/A N/A Offered but did not opt-in 0 4 N/A N/A Identified by Prosecutor but never appeared in court 0 0 N/A N/A Given opt-in but not approved by Prosecutor 0 4 N/A N/A Deceased 0 0 N/A N/A New Offenses 0 0 N/A N/A 7 Service entry event 12 41 N/A N/A Number of community agencies/resources present 32 23 N/A N/A Number of attendees — Community Court 12 31 N/A N/A Number of attendees — General Public 32 114 N/A N/A rr COMMUNITY AGENCIES PARTICIPATING IN SERVICE FAIR DSHS Kelso Community Services Office (CSO) River City Transit Columbia Wellness Community Health Partners Lower Columbia CAP Cowlitz Family Health Center WSU Extension Office Cowlitz Community Network Cowlitz County Elections Cowlitz Indian Tribe Awakenings Inc. GOALS 1. Reduce recidivism for program participants No recidivism occurred this quarter or since program conception. 2. Increase Access to Community Resources The community court resource fairs have continued to be an asset to the community. There have been 12 resource fairs with 11 service providers represented. The resource fair has been attended by a total of 32 individuals from the community this quarter. There have been 7 new individuals from Community Court and 5 existing Community Court clients in attendance. 3. Increase penetration rate for behavioral health services The penetration rate for behavioral health services within the program this quarter is 100% at this time with 7 out of 7 participating. 4. Decrease in Crisis Response No clients have accessed any crisis services since the program began March 7th 2019. 5. Increase in proactive engagement of individuals needing behavioral care services Of the 11 individuals that have been given opt -in forms 7 have signed a SOC and are active Community Court defendants and are involved in behavioral health services. 5. Community cost savings Based on approximately $99.45 per day for jail costs, at the end of the quarter Cowlitz Community Court has saved taxpayers an estimated $7,264. Again, based on the estimate of $99.45 per day for jail costs, at the end of December an additional minimum of approximately $1,000 was saved by Cowlitz Community Court for a total savings of $28,592 estimated so far for 2019. When estimating savings of jail costs, it is only based on the time of possible incarceration at time of arrest it is not based on if the individual was sentenced; which would then increase the jail costs significantly. Gross Misdemeanors can incur up to 364 days in jail and up to a $5,000 fine. e There has been a total of 30 Opt -ins presented to the Community Court program, however, only 22 have completed the entry agreement and are active.