Contract - 04-11-2017 - 8674 - Provide Contract with Great Rivers BHO.AS -8676 Motion Items 8.
BOCC Agenda
Meeting Date: 04/11/2017
Provider Contract with Great Rivers BHO
Submitted For: Adam Pithan, Drug Court
Department: Drug Court
Submitted By: Randi Gosselin, Juvenile
Information
Subject and Summary Statement
This grant provides State general funds from the Great Rivers BHO to local juvenile drug courts for case
management, prevention and drug addiction treatment, individual and family services, and other
necessary interventions. This is a one -year, April 11 2017, through March 31, 2018, for a maximum
program agreement amount of $61,647.08.
Will Staff Attend Y / N
N
Department Recommendation
Department recommends that the BOCC approve the contract.
Fiscal Impact
Expenditure Required $: 0
Budget Sufficient Y -N: Y
Amendment Required Y -N: N
Source of Funds - Fund /Dept.: 00199/285100
Grant Y -N: Y
Attachments
BHO Contract 2017 -2018
Form Review
Inbox Reviewed By Date
Adam Pithan Adam Pithan 04/04/2017 11:42 AM
Chad Connors Chad Connors 04104/2017 11:45 AM
Doug Jensen Doug Jensen 04104/2017 11:53 AM
Dana Gigler Dana Gigler 04105/2017 08:50 AM
Claire Hauge, Financial Management Claire Hauge 04/05/2017 10:26 AM
Clerk of the Board Tiffany Ostreim 04105/2017 10:46 AM
Form Started By: Randi Gosselin Started On: 04/04/2017 10:35 AM
Final Approval Date: 04105/2017
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 312018
Great Rivers BHO Provider Contract
STATE
This contract is between Great Rivers Behavioral Health Organization (Great Rivers) and the
Contractor identified below:
Cowlitz County Contract Start Date: April 1, 2017
1839 1"Ave. Ste 2A Contract End Date: March 31, 2018
Longview, WA 98632 Budget Authority: STATE Funds
Telephone: 360 - 414 -5508 Contract Number: 20170015
Program Contact: Adam Pithan
Great Rivers Contact: Marc Bollinger
Fiscal Contact: Brian Cameron
Cowlitz County hereinafter referred to as the Contractor and Great Rivers, agree to the terms and
conditions of this Contract, including all terms and exhibits, by signing below:
FOR GREAT RIVERS BEHAVIORAL FOR COWLITZ COUNTY:
HEALTH ORGANIZATION: Board of County Commissioners
Marc Bollinger, LICSW Joe Gardner, Chairman
Great Rivers CEO
Date
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Pl ne Mortensen, Commissioner &
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Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS.
The words and phrases listed below, as used in the Agreement, shall each have the followingdefinitions:
1.1. Agreement means this Great Rivers and Contractor Agreement on General
Terms and Conditions, Special Terms and Conditions, Statement of Works and
Exhibits and other documents attached or incorporated by reference.
1.2. CFR means Code of Federal Regulations. All references in this Agreement to CFR
chapters or sections shall include any successor, amended, or replacement
regulation. The CFR may be accessed at http: / /www.ecfr.aov.
1.3. Confidential Information means information that is exempt from disclosure to the
public or other unauthorized persons under Chapter 42.56 RCW or other federal
or state laws. Confidential Information includes, but is not limited to, Personal
Information.
1.4. Contractor means the BHA entity with which Great Rivers enters into this
Agreement.
1.5. Debarment means an action taken by a federal official to exclude a person or
business entity from participating in transactions involving certain federal funds.
1.6. DSHS or the department or the Department means the Department of Social
and Health Services of the State of Washington.
1.7. DSHS Representative means any DSHS employee who has been delegated
contract - signing authority by the DSHS Secretary or his /her designee.
1.8. Data Universal Numbering System (DUNS) means a unique identifier for
businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet
D &B) and are used for a variety of purposes, including applying for government
contracting opportunities.
1.9. Encrypt means to encode Confidential Information into a format that can only be
read by those possessing a "key "; a password, digital certificate or other
mechanism available only to authorized users. Encryption must use a key length
of at least 128 bits.
1.10. General Terms and Conditions means the contractual provisions contained
within this Agreement, which govern the contractual relationship between
Great Rivers and the BHA.
1.11. Great Rivers means Great Rivers Behavioral Health Organization. Great Rivers
is a BHO within Cowlitz County, Grays Harbor County, Lewis County, Pacific
County and Wahkiakum County.
1.12. Owner means a person who is a director, officer, partner, or a person or
corporation with beneficial ownership of more than 5 percent of an entity's equity.
Contract No. 20170015 Page 2
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
1.13. Personal Information means information identifiable to any person, including, but
not limited to, information that relates to a person's name, health, finances,
education, business, use or receipt of governmental services or other activities,
addresses, telephone numbers, social security numbers, driver license numbers,
other identifying numbers, and any financial identifiers.
1.14. Physically Secure means that access is restricted through physical means to
authorized individuals only.
successor, amended, or replacement
1.15. RCW means the Revised Code of Washington. All references in this Agreement
to RCW chapters or sections shall include any successor, amended, or
replacement statute.
1.16. Secretary means the individual appointed by the Governor, State of Washington,
as the head of DSHS, or his /her designee.
1.17. Secured Area means an area to which only authorized representatives of the
entity possessing the Confidential Information 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.
1.18. Subcontract means a separate Contract between the Contractor and an individual
or entity ( "Subcontractor') to perform all or a portion of the duties and obligations
that the Contractor shall perform pursuant to this Agreement.
1.19. Tracking means a record keeping system that identifies when the sender begins
delivery of Confidential Information to the authorized and intended recipient, and
when the sender receives confirmation of delivery from the authorized and
intended recipient of Confidential Information.
1.20. Trusted Systems include only 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, DHQ 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.
1.21. USC means the United States Code. All references in this Agreement to USC
chapters or sections shall include any successor, amended, or replacement
statute. The USC may be accessed at http: www.apo.govluscode
1.22. WAC means the Washington Administrative Code. All references in this
Agreement to WAC chapters or sections shall include any successor, amended,
or replacement regulation.
Contract No. 20170015 Page 3
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
2. AMENDMENT.
This Agreement, or any term or condition thereof, may be modified only by a written amendment
signed by both parties. Only personnel authorized to bind each of the parties shall sign an
amendment.
3. ASSIGNMENT.
Except as otherwise provided herein, the Contractor shall not assign rights or obligations derived
from this Agreement to a third party without the prior, written consent of the Great Rivers CEO
and the written assumption of the Contractor's obligations by the third party.
4. BILLING LIMITATIONS.
Unless otherwise specified in this Agreement, Great Rivers shall not pay any claims except for
those described in Exhibit A.
5. COMPLIANCE WITH APPLICABLE LAW.
At all times during the term of this Agreement the Contractor and Great Rivers shall comply with
all applicable federal, state, and local laws, regulations, and rules, including but not limited to,
nondiscrimination laws and regulation.
6. CONFIDENTIALITY.
6.1. The parties shall not use, publish, transfer, sell or otherwise disclose any
Confidential Information gained by reason of this Agreement for any purpose that
is not directly connected with the Contractor's performance of the services
contemplated there under, except:
6.1.1. As provided by law; or,
6.1.2. In the case of Personal Information, as provided by law or with the prior
written consent of the person or personal representative of the person
who is the subject of the Personal Information.
6.2. The Contractor and Great Rivers shall protect and maintain all Confidential
Information gained by reason of this Agreement against unauthorized use, access,
disclosure, modification or loss. This duty requires the Contractor to employ
reasonable security measures, which include restricting access to the Confidential
Information by:
6.2.1. Allowing access only to staff that have an authorized business
requirement to view the Confidential Information.
6.2.2. Physically securing any computers, documents, or other media
containing the Confidential Information.
6.2.3. Ensure the security of Confidential Information transmitted via fax
facsimile) by:
Contract No. 20170015 Page 4
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
6.2.3.1. Verifying the recipient phone number to prevent accidental
transmittal of Confidential Information to unauthorized persons.
6.2.3.2. Communicating with the intended recipient before transmission
to ensure that the fax will be received only by an authorized
person.
6.2.3.3. Verifying after transmittal that the fax was received by the
intended recipient.
6.2.4. Sending paper documents containing Confidential Information via a
Trusted System.
6.2.5. Following the requirements of the Great Rivers Data Security
Requirements Exhibit B (attached to this contract).
6.3. Upon request by Great Rivers, at the end of the Contract term or when no longer
needed, Confidential Information shall be returned to Great Rivers or Contractor
shall certify in writing that they will employ a Great Rivers approved method to
destroy the information at the end of any required records retention period.
Contractor may obtain information regarding approved destruction methods from
the Great Rivers contact identified on the cover page of this Agreement.
6.4. Paper documents with Confidential Information may be recycled through a
contracted firm, provided the contract with the recycler specifies that the
confidentiality of information will be protected, and the information destroyed
through the recycling process. Paper documents containing Confidential
Information requiring special handling (e.g., protected health information) must be
destroyed through shredding, pulping, or incineration.
6.5. The compromise or potential compromise of Confidential Information must be
reported to Great Rivers Contact designated on this Agreement within five (5)
business days of discovery. Contractor must also take actions to mitigate the risk
of loss and comply with any notification or other requirements imposed by law, or
Great Rivers.
DEBARMENT CERTIFICATION.
The Contractor, by signature to this Contract, certifies that the Contractor and any Owner is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from participating in transactions (Debarred) and
is not listed in the Excluded Parties List System in the System for Award Management (SAM)
website. The Contractor shall immediately notify Great Rivers if, during the term of this Contract,
Contractor becomes debarred. Great Rivers may immediately terminate this Contract by
providing Contractor written notice if Contractor becomes Debarred during the term hereof. The
Contractor also agrees to include the above requirements in all subcontracts in which it enters.
8. DISPUTES.
When a dispute arises over an issue concerning the terms of this Agreement, the parties agree
to the following process to address the dispute.
Contract No. 20170015 Page 5
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
8.1. The Contractor and Great Rivers shall attempt to resolve the dispute through
informal means between the Contractor and the Great Rivers Contracts Manager.
82 If the Contractor is not satisfied with the outcome, the Contractor may submit the
disputed issue, in writing to P.O. Box 1447 Chehalis, WA 98532. The written
submission must contain the following information:
8.2.1. The Contractor's Contact for the issue.
8.2.2. The Issue in dispute.
8.2.3. The Contractor's position on the issue.
8.3. The Great Rivers Governing Board CEO may request additional information
from the Contractor. The CEO shall issue a final written decision to the
contractor within thirty (30) calendar days of receipt of all information
relevant to the issue. The review decision shall be provided to the
Contractor.
8.4. Both parties agree to make their best efforts to resolve disputes arising from
this Agreement and agree that this dispute resolution process is the sole
administrative remedy available under this Agreement.
9. ENTIRE AGREEMENT.
This Agreement, including all documents attached to or incorporated by reference, shall contain
all the terms and conditions to be agreed upon by the parties. No other understandings or
representations, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or bind the parties.
10. GOVERNING LAW AND VENUE.
The laws of the State of Washington govern this Agreement. In the event of a lawsuit by either
party involving this Agreement, venue shall be proper only in Lewis County, Washington.
11. HIPAA COMPLIANCE.
Preamble: This section of the Agreement (referred to as "Contract" in this section ") is the Business
Associate Agreement as required by HIPAA.
11.1. Definitions.
11.1.1. Business Associate, as used in this Contract, means the "Contractor"
and generally has the same meaning as the term "business associate"
at 45 CFR 160.103. Any reference to Business Associate in this
Contract includes Business Associate's employees, agents, officers,
Subcontractors, third party contractors, volunteers, or directors.
11.1.2. Business Associate Agreement means this HIPAA Compliance
section of the Contract and includes the Business Associate provisions
required by the U.S. Department of Health and Human Services, Office
Contract No. 20170015 Page 6
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
for Civil Rights.
11.1.3. Breach means the acquisition, access, use, or disclosure of Protected
Health Information in a manner not permitted under the HIPAA Privacy
Rule which compromises the security or privacy of the Protected Health
Information, with the exclusions and exceptions listed in 45 CFR
164.402.
11.1.4. Covered Entity means Great Rivers, a Covered Entity as defined at 45
CFR 160.103, in its conduct of covered functions by its health care
components.
11.1.5. Designated Record Set means a group of records maintained by or
for a Covered Entity, that is: the medical and billing records about
Individuals maintained by or for a covered health care provider; the
enrollment, payment, claims adjudication, and case or medical
management record systems maintained by or for a health plan; or
Used in whole or part by or for the Covered Entity to make decisions
about Individuals.
11.1.6. Electronic Protected Health Information (EPHI) means Protected
Health Information that is transmitted by electronic media or maintained
in any medium described in the definition of electronic media at 45 CFR
160.103.
11.1.7. HIPAA means 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).
11.1.8. HIPAA Rules means the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Parts 160 and Part 164.
11.1.9. Individual(s) means the person(s) who is the subject of PHI and
includes a person who qualifies as a personal representative in
accordance with 45 CFR 164.502(g).
11.1.10. Minimum Necessary means the least amount of PHI necessary to
accomplish the purpose for which the PHI is needed.
11.1.11. Protected Health Information (PHI) means individually identifiable
health information created, received, maintained or transmitted by
Business Associate on behalf of a health care component of the
Covered Entity 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 the past, present, or future payment for
provision of health care to an Individual. 45 CFR 160.103. PHI includes
demographic information that identifies the Individual or which there is
reasonable basis to believe can be used to identify the Individual. 45
CFR 160.103. PHI is information transmitted or held in any form or
medium and includes EPHI. 45 CFR 160.103. PHI does not include
education records covered by the Family Educational Rights and
Contract No. 20170015 Page 7
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
Privacy Act, as amended, 20 USCA 1232g(a)(4)(B)(iv) or employment
records held by a Covered Entity in its role as employer.
11.1.12. Security Incident means the attempted or successful unauthorized
access, use, disclosure, modification or destruction of information or
interference with system operations in an information system.
11.1.13. Subcontractor as used in this HIPAA Compliance section of the
Contract (in addition to its definition in the General Terms and
Conditions) means a Business Associate that creates, receives,
maintains, or transmits Protected Health Information on behalf of
another Business Associate.
11.1.14. Use includes the sharing, employment, application, utilization,
examination, or analysis, of PHI within an entity that maintains such
information.
11.2. Compliance. Business Associate shall perform all Contract duties, activities and
tasks in compliance with HIPAA, the HIPAA Rules, and all attendant regulations
as promulgated by the U.S. Department of Health and Human Services, Office of
Civil Rights.
11.3. Use and Disclosure of PHI. Business Associate is limited to the following
permitted and required uses or disclosures of PHI:
11.3.1. Duty to Protect PHI. Business Associate shall protect PHI and shall
use appropriate safeguards, and comply with Subpart C of 45 CFR Part
164 (Security Standards for the Protection of Electronic Protected
Health Information) with respect to EPHI, to prevent the unauthorized
Use or disclosure of PHI other than as provided for in this Contract or
as required by law, for as long as the PHI is within its possession and
control, even after the termination or expiration of this Contract.
11.3.2. Minimum Necessary Standard. Business Associate shall apply the
HIPAA Minimum Necessary standard to any Use or disclosure of PHI
necessary to achieve the purposes of this Contract. See
45 CFR 164.514 (d)(2) through (d)(5).
11.3.3. Disclosure as Part of the Provision of Services. Business Associate
shall only Use or disclose PHI as necessary to perform the services
specified in this Contract or as required by law, and shall not Use or
disclose such PHI in any manner that would violate Subpart E of 45
CFR Part 164 (Privacy of Individually Identifiable Health Information) if
done by Covered Entity, except for the specific uses and disclosures
set forth below.
11.3.4. Use for Proper Management and Administration. Business
Associate may Use PHI for the proper management and administration
of the Business Associate or to carry out the legal responsibilities of the
Business Associate.
11.3.5. Disclosure for Proper Management and Administration. Business
Contract No. 20170015 Page 8
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
Associate may disclose PHI for the proper management and
administration of Business Associate or to carry out the legal
responsibilities of the Business Associate, provided the disclosures are
required by law, or Business Associate obtains reasonable assurances
from the person to whom the information is disclosed that the
information will remain confidential and used or further disclosed only
as required by law or for the purposes for which it was disclosed to the
person, and the person notifies the Business Associate of any
instances of which it is aware in which the confidentiality of the
information has been Breached.
11.3.6. Impermissible Use or Disclosure of PHI. Business Associate shall
report to Great Rivers in writing all Uses or disclosures of PHI not
provided for by this Contract within five (5) business days of becoming
aware of the unauthorized Use or disclosure of PHI, including Breaches
of unsecured PHI as required at 45 CFR 164.410 (Notification by a
Business Associate), as well as any Security Incident of which it
becomes aware. Upon request by Great Rivers, Business Associate
shall mitigate, to the extent practicable, any harmful effect resulting
from the impermissible Use or disclosure.
11.3.7. Failure to Cure. If Great Rivers learns of a pattern or practice of the
Business Associate that constitutes a violation of the Business
Associate's obligations under the terms of this Contract and reasonable
steps by Great Rivers do not end the violation, Great Rivers shall
terminate this Contract, if feasible. In addition, If Business Associate
learns of a pattern or practice of its Subcontractors that constitutes a
violation of the Business Associate's obligations under the terms of
their contract and reasonable steps by the Business Associate do not
end the violation, Business Associate shall terminate the Subcontract,
if feasible.
11.3.8. Termination for Cause. Business Associate authorizes immediate
termination of this Contract by Great Rivers, if Great Rivers determines
that Business Associate has violated a material term of this Business
Associate Agreement. Great Rivers may, at its sole option, offer
Business Associate an opportunity to cure a violation of this Business
Associate Agreement before exercising a termination for cause.
11.3.9. Consent to Audit. Business Associate shall give reasonable access
to PHI, its internal practices, records, books, documents, electronic
data and /or all other business information received from, or created or
received by Business Associate on behalf of Great Rivers, to the extent
it relates to the services provided under this Agreement, to the
Secretary of DHHS and /or to DSHS for use in determining compliance
with HIPAA privacy requirements.
11.3.10. Obligations of Business Associate upon Expiration or
Termination. Upon expiration or termination of this Contract for any
reason, with respect to PHI received from Great Rivers, or created,
maintained, or received by Business Associate, or any Subcontractors,
Contract No. 20170015 Page 9
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
on behalf of Great Rivers, Business Associate shall:
11.3.10.1. Retain only that PHI which is necessary for Business Associate
to continue its proper management and administration or to
carry out its legal responsibilities;
11.3.10.2. Return to Great Rivers or destroy the remaining PHI that the
Business Associate or any Subcontractors still maintain in any
form;
11.3.10.3. Continue to use appropriate safeguards and comply with
Subpart C of 45 CFR Part 164 (Security Standards for the
Protection of Electronic Protected Health Information) with
respect to Electronic Protected Health Information to prevent
Use or disclosure of the PHI, other than as provided for in this
Section, for as long as Business Associate or any
Subcontractors retain the PHI;
11.3.10.4. Not Use or disclose the PHI retained by Business Associate or
any Subcontractors other than for the purposes for which such
PHI was retained and subject to the same conditions set out in
the "Use and Disclosure of PHI" section of this Contract which
applied prior to termination; and
11.3.10.5. Return to Great Rivers or destroy the PHI retained by Business
Associate, or any Subcontractors, when it is no longer needed
by Business Associate for its proper management and
administration or to carry out its legal responsibilities.
11.3.11. Survival. The obligations of the Business Associate under this section
shall survive the termination or expiration of this Contract.
11.4. Individual Rights.
11.4.1. Accounting of Disclosures.
11.4.1.1. Business Associate shall document all disclosures, except
those disclosures that are exempt under 45 CFR 164.528, of
PHI and information related to such disclosures.
11.4.1.2. Within ten (10) business days of a request from Great Rivers,
Business Associate shall make available to Great Rivers the
information in Business Associate's possession that is
necessary for Great Rivers to respond in a timely manner to a
request for an accounting of disclosures of PHI by the Business
Associate. See 45 CFR 164.504(e)(2)(ii)(G) and 164.528(b)(1).
11.4.1.3. At the request of Great Rivers or in response to a request made
directly to the Business Associate by an Individual, Business
Associate shall respond, in a timely manner and in accordance
with HIPAA and the HIPAA Rules, to requests by Individuals for
an accounting of disclosures of PHI.
Contract No. 20170015 Page 10
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
11.4.1.4. Business Associate record keeping procedures shall be
sufficient to respond to a request for an accounting under this
section for the six (6) years prior to the date on which the
accounting was requested.
11.4.2. Access.
11.4.2.1. Business Associate shall make available PHI that it holds that
is part of a Designated Record Set when requested by
Great Rivers or the Individual as necessary to satisfy
Great Rivers' obligations under 45 CFR 164.524 (Access of
Individuals to Protected Health Information).
11.4.2.2. When the request is made by the Individual to the Business
Associate or if Great Rivers asks the Business Associate to
respond to a request, the Business Associate shall comply with
requirements in 45 CFR 164.524 (Access of Individuals to
Protected Health Information) on form, time and manner of
access. When the request is made by Great Rivers, the
Business Associate shall provide the records to Great Rivers
within ten (10) business days.
11.4.3. Amendment.
11.4.3.1. If Great Rivers amends, in whole or in part, a record or PHI
contained in an Individual's Designated Record Set and
Great Rivers has previously provided the PHI or record that is
the subject of the amendment to Business Associate, then
Great Rivers will inform Business Associate of the amendment
pursuant to 45 CFR 164.526(c)(3) (Amendment of Protected
Health Information).
11.4.3.2. Business Associate shall make any amendments to PHI in a
Designated Record Set as directed by Great Rivers or as
necessary to satisfy Great Rivers' obligations under
45 CFR 164.526 (Amendment of Protected Health Information).
11.5. Subcontracts and Other Third Party Agreements. In accordance with
45 CFR 164.502(e)(1)(ii), 164.504(e)(1)(i), and 164.308(b)(2), Business Associate
shall ensure that any agents, Subcontractors, independent contractors or other
third parties that create, receive, maintain, or transmit PHI on Business Associate's
behalf, enter into a written contract that contains the same terms, restrictions,
requirements, and conditions as the HIPAA compliance provisions in this Contract
with respect to such PHI. The same provisions must also be included in any
contracts by a Business Associate's Subcontractor with its own business
associates as required by 45 CFR 164.314(a)(2)(b) and 164.504(e)(5).
11.6. Obligations. To the extent the Business Associate is to carry out one or more of
Great Rivers' obligation(s) under Subpart E of 45 CFR Part 164 (Privacy of
Individually Identifiable Health Information), Business Associate shall comply with
all requirements that would apply to Great Rivers in the performance of such
obligation(s).
Contract No. 20170015 Page 11
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
11.7. Liability. Within ten (10) business days, Business Associate must notify
Great Rivers of any complaint, enforcement or compliance action initiated by the
Office for Civil Rights based on an allegation of violation of the HIPAA Rules and
must inform Great Rivers of the outcome of that action. Business Associate bears
all responsibility for any penalties, fines or sanctions imposed against the Business
Associate for violations of the HIPAA Rules and for any imposed against its
Subcontractors or agents for which it is found liable.
11.8. Breach Notification.
11.8.1. In the event of a Breach of unsecured PHI or disclosure that
compromises the privacy or security of PHI obtained from Great Rivers
or involving Great Rivers' clients, Business Associate will take all
measures required by state or federal law.
11.8.2. Business Associate will notify Great Rivers within three (3) business
days of discovery by telephone and in writing of any acquisition, access,
Use or disclosure of PHI not allowed by the provisions of this Contract
or not authorized by HIPAA Rules or required by law of which it
becomes aware which potentially compromises the security or privacy
of the Protected Health Information as defined in 45 CFR 164.402
Definitions).
11.8.3. Business Associate will notify the Great Rivers Contact shown on the
cover page of this Contract within five (5) business days by telephone
or e-mail of any potential Breach of security or privacy of PHI by the
Business Associate or its Subcontractors or agents. Business
Associate will follow telephone or e-mail notification with a faxed or
other written explanation of the Breach, to include the following: date
and time of the Breach, date Breach was discovered, location and
nature of the PHI, type of Breach, origination and destination of PHI,
Business Associate unit and personnel associated with the Breach,
detailed description of the Breach, anticipated mitigation steps, and the
name, address, telephone number, fax number, and e-mail of the
individual who is responsible as the primary point of contact. Business
Associate will address communications to the Great Rivers Contact.
Business Associate will coordinate and cooperate with Great Rivers to
provide a copy of its investigation and other information requested by
Great Rivers, including advance copies of any notifications required for
Great Rivers review before disseminating and verification of the dates
notifications were sent.
11.8.4. If Great Rivers or the Contractor determines that Business Associate
or its Subcontractor(s) or agent(s) is responsible for a Breach of
unsecured PHI:
11.8.4.1. requiring notification of Individuals under 45 CFR § 164.404
Notification to Individuals), Business Associate bears the
responsibility and costs for notifying the affected Individuals and
receiving and responding to those Individuals' questions or
requests for additional information;
Contract No. 20170015 Page 12
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2015
11.8.4.2. requiring notification of the media under 45 CFR § 164.406
Notification to the media), Business Associate bears the
responsibility and costs for notifying the media and receiving
and responding to media questions or requests for additional
information;
11.8.4.3. requiring notification of the U.S. Department of Health and
Human Services Secretary under 45 CFR § 164.408
Notification to the Secretary), Business Associate bears the
responsibility and costs for notifying the Secretary and receiving
and responding to the Secretary's questions or requests for
additional information; and
11.8.4.4. Great Rivers will take appropriate remedial measures up to
termination of this Contract.
11.9. Miscellaneous Provisions.
11.9.1. Regulatory References. A reference in this Contract to a section in the
HIPAA Rules means the section as in effect or amended.
11.9.2. Interpretation. Any ambiguity in this Contract shall be interpreted to
permit compliance with the HIPAA Rules.
12. INDEPENDENT STATUS.
For purposes of this Agreement, the Contractor acknowledges that the Contractor is not an officer,
employee, or agent of Great Rivers and that an independent contractor relationship will be created
by this Agreement. The Contractor shall not hold out itself or any of its employees as, nor claim
status as, an officer, employee, or agent of Great Rivers. The Contractor shall not claim for itself
or its employees any rights, privileges, or benefits, which would accrue to an employee of
Great Rivers. The Contractor shall defend, indemnify and hold harmless Great Rivers from all
obligations to pay or withhold federal or state taxes or contributions on behalf of the Contractor or
the Contractor's employees.
13. INSPECTION.
Great Rivers may request reasonable access to the Contractor's records and place of business
for the limited purpose of monitoring, auditing, and evaluating compliance with this Agreement,
and applicable laws and regulations. The Contractor shall upon receiving reasonable written
notice, provide Great Rivers with access to its place of business and to its records which are
relevant to its compliance with this Agreement, and applicable laws and regulations for the
duration of the required record retention period as set forth in section 17.
14. INSURANCE.
14.1. Great Rivers certifies that it is a member of a risk pool as provided by RCW 48.62
and RCW 39.34., and shall pay for losses for which it is found liable.
14.2. The Contractor certifies that it is self - insured, is a member of a risk pool, or
maintains insurance coverage as required in this Agreement. The Contractor shall
pay for losses for which it is found liable.
Contract No. 20170015 Page 13
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
14.2.1. If the Contractor is not a member of a risk pool, the Contractor shall
carry CGL to include coverage for bodily injury, property damage, and
contractual liability, with the following minimum limits: Each Occurrence
1,000,000; General Aggregate - $2,000,000. The policy shall include
liability arising out of premises, operations, independent Contractors,
products, completed operations, personal injury, advertising injury, and
liability assumed under an insured Contract. Great Rivers, its elected
and appointed officials, agents, and employees shall be named as
additional insureds.
16. LAWSUITS.
Nothing in this Agreement shall be construed to mean that the Contractor or its subcontractors,
agents or employees, can bring a legal claim for declaratory relief, injunctive relief, judicial review
under RCW 34.05, or civil liability, against Great Rivers, the state, or state agencies, for actions
or inactions performed pursuant to the administration of RCW 71.05 or RCW 71.24 with regard to
the following: (a) allocation or payment of federal or state funds; (b) the use or allocation of state
hospital beds; or (c) financial responsibility for the provision of long term or short term inpatient or
outpatient mental health care.
16. LOBBYING PROHIBITED.
Federal Funds must not be used for lobbying activities as defined in 2 CFR 200.450, as amended.
17. MAINTENANCE OF RECORDS.
17.1. During the term of this Agreement and for six (6) years following termination or
expiration of this Agreement, the Contractor shall maintain records sufficient to:
17.1.1. Document performance of all acts required by law, regulation, or this
Agreement, including but not limited to maintaining the content of all
medical records in a manner consistent with the utilization control
requirements of 42 CFR 456, 42 CFR 456.111, and 42 CFR 456.211.
17.1.2. Demonstrate accounting procedures, practices, and records that
sufficiently and properly document the Contractor's invoices to
Great Rivers and all expenditures made by the Contractor to perform
as required by this Agreement.
17.1.3. Substantiate the Contractor's statement of its organization's structure,
tax status, capabilities, and performance.
17.2. Without agreeing that litigation or claims are legally authorized, if any litigation,
claim, audit or other legal action involving the records is started before the
expiration of the six (6) year period, the records subject to this section shall be
retained until all litigation, claims, or audit findings involving the records have been
resolved.
18. ORDER OF PRECEDENCE.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence, in the following order, to:
Contract No. 20170015 Page 14
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
18.1. Applicable federal and State of Washington statutes and regulations.
18.2. The General Terms & Conditions of this Agreement.
18.3. The Special Terms & Conditions of this Agreement.
18.4. Any Exhibits attached or incorporated into this Agreement by reference.
18.5. Any Statement of Work attached or incorporated into this Agreement.
19. OWNERSHIP OF MATERIAL.
Material created by the Contractor and paid for by Great Rivers as a part of this Agreement shall
be owned by Great Rivers and shall be "work made for hire" as defined by Title 17 USC, Section
101. This material includes, but is not limited to: books; computer programs; documents; films;
pamphlets; reports; sound reproductions; studies; surveys; tapes; and /or training materials.
Material which the Contractor uses to perform this Agreement but is not created for or paid for by
Great Rivers is owned by the Contractor and is not "work made for hire'; however, Great Rivers
shall have a perpetual license to use this material for Great Rivers internal purposes at no charge
to Great Rivers, provided that such license shall be limited to the extent which the Contractor has
a right to grant such a license.
20. RESPONSIBILITY.
Contractor shall be responsible for and shall defend, indemnify and hold Great Rivers harmless
including all costs and reasonable attorneys' fees) from all claims for personal injury, property
damage and /or disclosure of confidential information and /or from the imposition of government
fines or penalties resulting from the acts or omissions of the Contractor and of subcontractors
related to the performance of this contract. Great Rivers shall be responsible and shall defend,
indemnify and hold Contractor harmless (including costs and reasonable attorneys' fees) from all
claims for personal injury, property damage and /or disclosure of confidential information and /or
imposition of government fines or penalties resulting from the acts or omissions of Great Rivers
related to the performance of this contract.
21. SEVERABILITY.
The provisions of this Agreement are severable. If any court holds invalid any provision of this
Agreement, including any provision of any document incorporated herein or therein by reference,
that invalidity shall not affect the other provisions this Agreement.
22. SUBCONTRACTING.
The Contractor may subcontract services to be provided under this Agreement, unless otherwise
specified within this Agreement. If Great Rivers, the Contractor, and a subcontractor of the
Contractor are found by a jury or other trier of fact to be jointly and severally liable for personal
injury damages arising from any act or omission under this Agreement, then Great Rivers shall
be responsible for its proportionate share, and the Contractor and its subcontractors shall be
responsible for their proportionate share. Nothing in this term shall be construed as creating a
right or remedy of any kind or nature in any person or party other than Great Rivers and the
Contractor. This provision shall not apply in the event of a settlement by either Great Rivers or
the Contractor.
Contract No. 20170015 Page 15
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
23. SUBRECIPIENTS.
23.1. General. If the Contractor is a subrecipient of federal awards as defined by the
2 CFR Part 200 and this Agreement, the Contractor shall:
23.1.1. Maintain records that identify, in its accounts, all federal awards
received and expended and the federal programs under which they
were received, by Catalog of Federal Domestic Assistance (CFDA) title
and number, award number and year, name of the federal agency, and
name of the pass- through entity;
23.1.2. Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
23.1.3. Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
23.1.4. Incorporate 2 CFR Part 200, Subpart F audit requirements into all
agreements between the Contractor and its Subcontractors who are
subrecipients;
23.1.5. Comply with the applicable requirements of 2 CFR Part 200, including
any future amendments to 2 CFR Part 200 and any successor or
replacement Office of Management and Budget (OMB) Circular or
regulation; and
23.1.6. Comply with the Omnibus Crime Control and Safe Streets Act of 1968;
Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation
Act of 1973; Title II of the Americans with Disabilities Act of 1990; Title
IX of the Education Amendments of 1972; The Age Discrimination Act
of 1975; and The Department of Justice Non - Discrimination
Regulations, 28 CFR Part 42, Subparts C D E, and G, and 28 CFR
Parts 35 and 39. (Go to www.oip.usdoi.gov /ocr/ for additional
information and access to the aforementioned Federal laws and
regulations.)
23.2. Single Audit Act Compliance. If the Contractor is a subrecipient and expends
750,000 or more in federal awards from any and /or all sources in any fiscal year,
the Contractor shall procure and pay for a single audit or a program - specific audit
for that fiscal year. Upon completion of each audit, the Contractor shall:
23.2.1. Submit to the Great Rivers contact person, listed on the first page of
this Agreement, the data collection form and reporting package
specified in 2 CFR Part 200, Subpart F, reports required by the
program- specific audit guide (if applicable), and a copy of any
management letters issued by the auditor;
23.2.2. Follow -up and develop corrective action for all audit findings, in
accordance with 2 CFR Part 200, Subpart F; prepare a "Summary
Schedule of Prior Audit Findings ", reporting the status of all audit
Contract No. 20170015 Page 16
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
findings included in the prior audit's schedule of findings and
questioned costs.
23.3. Overpayments. If it is determined by Great Rivers, or during the course of the
required audit, that the Contractor has been paid unallowable costs under this
Agreement, Great Rivers may require the Contractor to reimburse Great Rivers in
accordance with 2 CFR Part 200.
24. SURVIVABILITY.
The terms and conditions contained in this Agreement, which by their sense and context, are
intended to survive the expiration of the particular Agreement shall survive. Surviving terms
include, but are not limited to, the following Sections: Confidentiality, Disputes, Inspection,
Maintenance of Records, Ownership of Material, Responsibility, Subcontracting, Termination for
Default, Termination Procedure, and Treatment of Property.
25. TERMINATION DUE TO CHANGE IN FUNDING, CONTRACT RENEGOTIATION OR
SUSPENSION.
If the funds Great Rivers relied upon to establish this Agreement are 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 Agreement:
25.1. At Great Rivers' discretion, this Agreement maybe renegotiated under the revised
funding conditions.
25.2. At Great Rivers' discretion, Great Rivers may give notice to Contractor maintain
only Individuals already being served with medically necessary services, or to
implement a plan in coordination with Great Rivers within three (3) months to
suspend performance, when Great Rivers 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.
25.2.1. 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.
25.2.2. When Great Rivers determines 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
Great Rivers informing Great Rivers whether it can resume
performance and, if so, the date of resumption. For purposes of this
sub - subsection, "written notice" may include email.
25.2.3. If the Contractor's proposed resumption date is not acceptable to
Great Rivers and an acceptable date cannot be negotiated,
Great Rivers 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. Great Rivers shall
be liable only for payment in accordance with the terms of this Contract
for services rendered prior to the retroactive date of termination.
Contract No. 20170015 Page 17
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
25.3. Great Rivers may immediately terminate this Agreement by providing written
notice to the Contractor. The termination shall be effective on the date specified in
the termination notice. Great Rivers shall 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 shall accrue to Great Rivers in the event the termination
in this section is exercised.
26. TERMINATION FOR CONVENIENCE.
The Great Rivers CEO may terminate this Agreement in whole or in part for convenience by giving
the Contractor at the least ninety (90) days calendar days' written notice addressed to the
Contractor. The Contractor may terminate this Agreement for convenience by giving Great Rivers
at least ninety (90) days calendar days' written notice addressed to the Great Rivers CEO.
27. TERMINATION FOR DEFAULT.
27.1. The Great Rivers CEO may terminate this Agreement for default, in whole or in
part, by written notice to the Contractor, if Great Rivers has a reasonable basis to
believe that the Contractor has:
27.1.1. Failed to meet or maintain any requirement for contracting with
Great Rivers;
27.1.2. Failed to protect the health or safety of any Great Rivers client;
27.1.3. Failed to perform under any term or condition of this agreement, or any
provision of this Agreement;
27.1.4. Violated any law, regulation, rule, or ordinance applicable to this
Agreement; or
27.1.5. Otherwise breached any provision or condition of this Agreement.
27.2. Before the Great Rivers CEO may terminate this Agreement for default,
Great Rivers shall provide the Contractor with written notice of the Contractor's
noncompliance with this Agreement and provide the Contractor a reasonable
opportunity to correct the Contractor's noncompliance. If the Contractor does not
correct the Contractor's noncompliance within the period of time specified in the
written notice of noncompliance, the Great Rivers CEO may then terminate this
Agreement. Great Rivers CEO may terminate this Agreement for default without
such written notice and without opportunity for correction if Great Rivers has a
reasonable basis to believe that a client's health or safety is in jeopardy.
27.3. The Contractor may terminate this Agreement for default, in whole or in part, by
written notice to Great Rivers, if the Contractor has a reasonable basis to believe
that Great Rivers has:
27.3.1. Failed to meet or maintain any requirement for contracting with the
Contractor;
27.3.2. Failed to perform under any provision of this Agreement;
Contract No. 20170015 Page 18
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
27.3.3. Violated any law, regulation, rule, or ordinance applicable to this
Agreement; or
27.3.4. Otherwise breached any provision or condition of this Agreement
27.4. Before the Contractor may terminate this Agreement for default, the Contractor
shall provide Great Rivers with written notice of Great Rivers' noncompliance with
the agreement and provide Great Rivers a reasonable opportunity to correct
Great Rivers' noncompliance. If Great Rivers does not correct Great Rivers'
noncompliance within the period of time specified in the written notice of
noncompliance, the Contractor may then terminate the agreement.
28. EXPIRATION PROCEDURE.
The following provisions apply in the event this Agreement is terminated or expires:
28.1. The Contractor shall cease to perform any services required by this Agreement as
of the effective date of termination or expiration and shall comply with all
reasonable instructions including those contained in the notice of termination which
are related to the transfer of clients, distribution of property, and termination of
services.
28.2. The Contractor shall promptly deliver to Great Rivers business office, all
Great Rivers assets (property) in the Contractor's possession, including, it
applicable, any material created under this Agreement. Upon failure to return
Great Rivers' property within ten (10) working days of this Agreement termination,
the Contractor shall be charged with all reasonable costs of recovery, including
transportation. The Contractor shall take reasonable steps to protect and preserve
any property of Great Rivers that is in the possession of the Contractor pending
return to Great Rivers.
28.3. Great Rivers shall be liable for and shall pay for only those services authorized
and provided through the effective date of termination or expiration. Great Rivers
may pay an amount mutually agreed by the parties for partially completed work
and services, if work products are useful to or usable by Great Rivers.
28.4. If Great Rivers terminates this Agreement for default, Great Rivers may withhold a
sum from the final payment to the Contractor that Great Rivers determines is
reasonably necessary to protect Great Rivers against loss or additional liability
occasioned by the alleged default. Great Rivers shall be entitled to all remedies
available at law, in equity, or under this Agreement. If it is later determined that the
Contractor was not in default, or if the Contractor terminated this Agreement for
default, the Contractor shall be entitled to all remedies available at law, in equity,
or under this Agreement except as to the limitations set forth in "Lawsuits" Section
of this Agreement.
28.5. If the Contractor at any time decides it shall no longer be a service provider within
Great Rivers behavioral health system for any reason, the Contractor must provide
the Great Rivers contact person, or successor, listed on the first page of this
Agreement with written notice at least ninety (90) calendar days prior to the
effective date of termination and work with Great Rivers to develop a mutually
agreed upon transition plan with the collaborative goal of minimizing the disruption
Contract No. 20170015 Page 19
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
of services to BHO clients. The transition plan shall address all issues leading to
the transition of the agency function to Great Rivers such as the payment and
encounter reconciliation, and of all items and /or requirements of the Contractor
that extend beyond the termination of services.
29. TREATMENT OF CLIENT PROPERTY.
29.1. Unless otherwise provided in this Agreement, the Contractor shall ensure that any
adult client receiving services from the Contractor under this Agreement has
unrestricted access to the client's personal property. The Contractor shall not
interfere with any adult client's ownership, possession, or use of the client's
property, except when the client's property is held in evidence or when access to
the property could endanger public safety.
29.2. The Contractor shall provide clients under age eighteen (18) with reasonable
access to their personal property that is appropriate to the client's age,
development, and needs.
29.3. Upon termination or completion of this Agreement, the Contractor shall promptly
release to the client and /or the client's Authorized Representative all of the client's
personal property.
29.4. This section does not prohibit the Contractor from implementing such lawful and
reasonable policies, procedures and practices as the Contractor deems necessary
for safe, appropriate, and effective service delivery (for example, appropriately
restricting clients' access to, or possession or use of lawful or unlawful weapons
and drugs).
30. TREATMENT OF PROPERTY.
If applicable, Title to all property purchased or furnished by Great Rivers for use by the Contractor
during this Contract term shall remain with Great Rivers. Title to all property purchased or
furnished by the Contractor for which the Contractor is entitled to reimbursement by Great Rivers
under this Contract shall pass to and vest in Great Rivers. The Contractor shall protect and
maintain all Great Rivers property in its possession against loss or damage and shall return
Great Rivers' property to Great Rivers upon Contract termination or expiration.
31. WAIVER.
Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default. No waiver shall be construed to be a modification of the terms and
conditions of this Agreement unless amended as set forth in Section 2, "Amendment ". Only the
Great Rivers Governing Board or designee has the authority to waive any term or condition of this
Agreement on behalf of Great Rivers.
Contract No. 20170015 Page 20
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
SPECIFIC TERMS AND CONDITIONS
PURPOSE OF AGREEMENT
The purpose of this agreement is for the Contractor to maintain a juvenile drug court (JDC) in
order to offer non - violent juvenile offenders treatment and education alternatives to criminal
prosecution.
Period of Performance —This Agreement is in effect from April 1, 2017 through March 31, 2018.
2. DEFINITIONS
2.1. Assessment means diagnostic services provided by a CDP or CDP trainee under
CDP supervision to determine an Individual's involvement with alcohol and other
drugs. See WAC 388 -8778 -0500 for a detailed description of assessment
requirements.
2.2. Avatar means the Great Rivers Medicaid Management Information System.
2.3. Division of Behavioral Health and Recovery (DBHR) means the DSHS-
designated single state agency for mental health and substance use disorder
treatment, authorized by RCW 71.05, 71.24, 71.34, 70.96a, and 70.96b.
2.4. Juvenile Drug Court means a court that has special calendars or dockets
designed to achieve a reduction in recidivism and substance abuse among
nonviolent, substance abusing felony and non - felony juvenile offenders by
increasing their likelihood for successful rehabilitation through early, continuous,
and intense judicially supervised treatment; mandatory periodic drug testing; and
the use of appropriate sanctions and other rehabilitation services.
3. PAYMENT
3.1. The Contractor must ensure that all funds, including interest earned, provided
pursuant to this Agreement are used solely to support the public behavioral health
system.
3.2. State funds will be paid in the amount outlined in Exhibit A., Payment and Budget
Provisions.
3.3. During the term of this Contract, payments are made on or about the fifteenth
15th) day of each month following the month of service or within normal business
payment cycle defined in Exhibit A. The Contractor shall be responsible to provide
all behavioral health services through the end of the month for which they are
legally obligated by this agreement.
3.3.1. Each payment shall be reduced by the amount paid by Great Rivers on
behalf of the Contractor for unpaid assessments, penalties, damages,
and other payments pending a dispute resolution process. If the dispute
is still pending at the end of this Agreement, Great Rivers shall withhold
the amount in question from the final payment until the dispute is
resolved.
Contract No. 20170015 Page 21
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
3.3.2. Great Rivers will withhold fifty percent (50 %) of the final payment under
this Agreement until all final reports and data are received and accepted
by Great Rivers, and until all pending corrective actions, penalties, or
unpaid assessments are satisfied.
3.4. Reporting Requirements. The Contractor shall maintain books, records,
documents, and other materials relevant to this Agreement which sufficiently and
properly reflect all payments made to the Contractor, or other actions taken in
regard to the Contractor's performance of the services described herein.
4. REPORTING REQUIREMENTS
4.1. Monthly report accompanying each invoice which documents the Performance of
Work statement above.
4.2. The Contractor shall provide Great Rivers with an Interim report due by October
15, 2017 and final report due by July 15, 2018 on forms that include:
4.2.1. Participant levels, including: number of participants; number of
participants terminated for drug use, for new charges, for other
reasons; and number of graduates /completions.
4.2.2. Drug test information, including: number of UAs, number of positive
UAs.
4.2.3. Number of sanctions and incentives handed out by the judge.
4.2.4. Percentage of participants and their families involved in best and
promising practices, including Functional Family Therapy, Aggression
Replacement Therapy, etc.
4.2.5. Percentage of participants working on education and /or employment
goals.
4.2.6. Recidivism rate (conviction -free at six months and at one year following
graduation).
4.2.7. Percentage of graduates who continue with optional aftercare services
4.3. Reviews. The Contractor must cooperate in all reviews, including but not limited
to, surveys, and research conducted by Great Rivers, DSHS or other Washington
State Departments.
4.4. Notification Required by Law. The Contractor will notify the following agencies
or any others when required by law.
4.4.1. Adult Protective Services.
4.4.2. Child Protective Services.
4.4.3. Department of Health.
Contract No. 20170015 Page 22
6.
6.
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
4.4.4. Local Law Enforcement.
4.4.5. Medicaid Fraud Control Unit.
4.4.6. Washington State Patrol.
PERFOMANCE WORK STATEMENT:
5.1. Juvenile Drug Court. The Contractor shall provide the services and staff, and
otherwise do all things necessary for or incidental to the performance of work as
set forth below. The Contractor must provide the following for each participant
within the juvenile drug court (JDC):
5.1.1. A substance use disorder assessment. DBHR prefers the GAIN -I
assessment tool.
5.1.2. Behavioral health treatment and counseling as appropriate which may
include Evidence -Based Practices such as Functional Family Therapy
and Aggression Replacement Training.
5.1.3. A comprehensive case management plan which is individually tailored,
Culturally Competent, developmentally and gender appropriate and
which includes educational goals that draws on the strengths and
addresses the needs of the Individual.
5.1.4. Drug testing, scheduled and at random, to support the treatment plan
and monitor compliance with the plan.
5.1.5. Tracking of attendance and completion of activities, and imposing
appropriate incentives for compliance and sanctions for lack of
compliance.
5.1.6. Engagement of the community to broaden the support structure and
better ensure success, such as such as referrals to mentors, support
groups, pro - social activities, etc.
REMEDIAL ACTIONS
6.1. Great Rivers may initiate remedial action if it is determined that any of the following
situations exist:
6.1.1. A problem exists that negatively impacts Clients receiving services
6.1.2. The Contractor has failed to perform any of the behavioral health
services required in this Agreement.
6.1.3. The Contractor has failed to develop, produce, and /or deliver to
Great Rivers any of the statements, reports, data, data corrections,
accountings, claims, and /or documentation described herein, in
compliance with all the provisions of this Agreement.
6.1.4. The Contractor has failed to perform any administrative function
Contract No. 20170015 Page 23
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
required under this Agreement. For the purposes of this section,
administrative function" is defined as any obligation other than the
actual provision of behavioral health services.
6.1.5. The Contractor has failed to implement corrective action required by
Great Rivers and within prescribed timeframes.
6.2. Great Rivers may impose any of the following remedial actions:
6.2.1. Require the Contractor to develop and execute a corrective action plan.
Corrective action plans developed by the Contractor must be submitted
for approval to Great Rivers within thirty (30) calendar days of
notification. Corrective action plans may require modification of any
policies or procedures by the Contractor relating to the fulfillment of its
obligations pursuant to this Agreement. Great Rivers may extend or
reduce the time allowed for corrective action depending upon the
nature of the situation.
6.2.1.1. Corrective action plans must include:
6.2.1.1.1. A brief description of the situation requiring
corrective action.
6.2.1.1.2. The specific actions to be taken to remedy
the situation.
6.2.1.1.3. A timetable for completion of the actions.
6.2.1.1.4. Identification of individuals responsible for
implementation of the plan.
6.2.1.2. Corrective action plans are subject to approval by
Great Rivers. Great Rivers may:
6.2.1.2.1. Accept the plan as submitted.
6.2.1.2.2. Accept the plan with specified modifications.
6.2.1.2.3. Request a modified plan.
6.2.1.2.4. Reject the plan.
6.2.2. Any corrective action plan that was in place as part of a previous SMHC
Agreement shall be applied to this Agreement in those areas where the
Contract requirements are substantially similar.
6.2.3. Withhold up to five percent (5 %) the next monthly payment and each
monthly payment thereafter until the corrective action has achieved
resolution. Great Rivers, at its sole discretion, may return a portion or
all of any payments withheld once satisfactory resolution has been
achieved.
Contract No. 20170015 Page 24
6.2.4.
6.2.5.
Increase withholdings identified al
percent (3 %) for each successive
situation has not been resolved.
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
ove by up to an additional three
month during which the remedial
Terminate for Default as described in the General Terms and
Conditions; this may include releasing a Request for Proposals to re-
procure the services provided under this agreement.
ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent
amendments thereto remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affixed his /her signature in execution thereof.
Contract No. 20170015 Page 25
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
EXHIBIT A — BUDGET PROVISIONS
Total consideration payable to the Contractor for satisfactory performance of the work
under this Agreement is up to an annual maximum of $61,647.08 and shall be based on
the following:
a. Great Rivers shall pay a monthly set rate of $4,720.59 for 12 months.
b. For accomplishments reached by each participant, Great Rivers shall pay an
additional amount, up to a maximum of $5,000, as follows:
L A SUD assessment within 14 calendar days of referral, $100
ii. 60 days clean and sober, $100
iii. At least 60 days enrolled in an educational program and passing grades in all
classes, or upon High School graduation or GED completion, $200
iv. The identification of and engagement with at least two pro - social support
people and ongoing participation in at least one pro - social activity, $200
2. Payment shall be based on invoices approved by Great Rivers and shall be contingent
upon timely receipt and acceptance of all financial and program reports required pursuant
to this contract. Invoices should be received by Great Rivers no later than the tenth (10 In)
of the month. Payment shall be made on or about the 15'" of the month following the
month of service if required documentation is submitted in a timely manner.
3. The Great Rivers shall not be responsible for any financial loss incurred by the Contractor
or its subcontractors as a result of performance of services outlined in the Contract.
4. Monthly payments are subject to adjustment as necessary to reconcile prior payments,
expenditures, changes to State Only Fund service ratios and to meet Great Rivers'
contract reserve requirements.
5. The Great Rivers expressly reserves the right to withhold payment in whole or in part
when:
a. The Contractor fails to submit documentation as required by the contract
necessary to substantiate claims for payments earned; or
Claims for payments are inconsistent with the terms and conditions of the contract;
or
C. The required reports have not been submitted in a timely fashion.
The Contractor will limit administrative costs to a maximum of ten (10) percent for the
period April 1, 2017 through March 31, 2018.
Contract No. 20170015 Page 26
Great Rivers / Cowlitz County State Contract
April 1, 2017 through March 31, 2018
EXHIBIT B — DATA SECURITY REQUIREMENTS
1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have
the following definitions:
a. "Authorized User(s)" means an individual or individuals with an authorized
business requirement to access Great Rivers Confidential Information.
b. "Hardened Password" means a string of at least eight characters containing at
least one alphabetic character, at least one number and at least one special
character such as an asterisk, ampersand or exclamation point.
C. "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. Data Transport. When transporting Great Rivers Confidential Information electronically,
including via email, the Data will be protected by:
a. Transporting the Data within the State Governmental Network) SGN or
Contractor's internal network, or;
b. Encrypting any Data that will be in transit outside the SGN or Contractor's internal
network. This includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following
media and protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the
Data will be restricted to Authorized User(s) by requiring logon to the local
workstation using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as
biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers
and made available through shared folders. Access to the Data will be restricted
to Authorized Users through the use of access control lists which will grant access
only after the Authorized User has authenticated to the network using a Unique
User ID and Hardened Password or other authentication mechanisms which
provide equal or greater security, such as biometrics or smart cards. Data on disks
mounted to such servers must be located in an area which is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
For Great Rivers Confidential Information stored on these disks, deleting
unneeded Data is sufficient as long as the disks remain in a Secured Area and
otherwise meet the requirements listed in the above paragraph. Destruction of the
Contract No. 20170015 Page 27
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
Data as outlined in Section 5. Data Disposition may be deferred until the disks are
retired, replaced, or otherwise taken out of the Secured Area.
C. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data
provided by Great Rivers on optical discs which will be used in local workstation
optical disc drives and which will not be transported out of a Secured Area. When
not in use for the contracted purpose, such discs must be locked in a drawer,
cabinet or other container to which only Authorized Users have the key,
combination or mechanism required to access the contents of the container.
Workstations which access Great Rivers Data on optical discs must be located in
an area which is accessible only to authorized personnel, with access controlled
through use of a key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives orjukeboxes attached to servers. Data
provided by Great Rivers on optical discs which will be attached to network servers
and which will not be transported out of a Secured Area. Access to Data on these
discs will be restricted to Authorized Users through the use of access control lists
which will grant access only after the Authorized User has authenticated to the
network using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which
is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records
in a Secured Area which is only accessible 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.
f. Remote Access. Access to and use of the Data over the State Governmental
Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS
staff who will issue authentication credentials (e.g. a Unique User ID and Hardened
Password) to Authorized Users on Contractor staff. Contractor will notify DSHS
staff immediately whenever an Authorized User in possession of such credentials
is terminated or otherwise leaves the employ of the Contractor, and whenever an
Authorized User's duties change such that the Authorized User no longer requires
access to perform work for this Contract.
g. Data storage on portable devices or media.
1) Except where otherwise specified herein, Great Rivers Data shall not be
stored by the Contractor on portable devices or media unless specifically
authorized within the terms and conditions of the Contract. If so authorized,
the Data shall be given the following protections:
a) Encrypt the Data with a key length of at least 128 bits
Contract No. 20170015 Page 28
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
b) Control access to devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical
token or biometrics.
c) Manually lock devices whenever they are left unattended and set
devices to lock automatically after a period of inactivity, if this
feature is available. Maximum period of inactivity is 20 minutes.
Physically secure the portable device(s) and /or media by
d) Keeping them in locked storage when not in use
e) Using check -in /check -out procedures when they are shared, and
f) Taking frequent inventories
2) When being transported outside of a Secured Area, portable devices and
media with Great Rivers Confidential Information must be under the
physical control of Contractor staff with authorization to access the Data.
3) Portable devices include, but are not limited to; smart phones, tablets, flash
memory devices (e.g. USB flash drives, personal media players), portable
hard disks, and laptop /notebook/netbook computers if those computers
may be transported outside of a Secured Area.
4) Portable media includes, but is not limited to; optical media (e.g. CDs,
DVDs), magnetic media (e.g. floppy disks, tape), or flash media (e.g.
CompactFlash, SD, MMC).
h. Data stored for backup purposes.
t) Great Rivers data may be stored on portable media as part of a
Contractor's existing, documented backup process for business continuity
or disaster recovery purposes. Such storage is authorized until such time
as that media would be reused during the course of normal backup
operations. If backup media is retired while Great Rivers Confidential
Information still exists upon it, such media will be destroyed at that time in
accordance with the disposition requirements in Section 5. Data Disposition
2) Great Rivers Data may be stored on non - portable media (e.g. Storage Area
Network drives, virtual media, etc.) as part of a Contractor's existing,
documented backup process for business continuity or disaster recovery
purposes. If so, such media will be protected as otherwise described in
this exhibit. If this media is retired while Great Rivers Confidential
Information still exists upon it, the data will be destroyed at that time in
accordance with the disposition requirements in Section 5 Data Disposition,
Contract No. 20170015 Page 29
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
4. Data Segregation.
a. Great Rivers Data must be segregated or otherwise distinguishable from non -
Great Rivers data. This is to ensure that when no longer needed by the Contractor,
all Great Rivers Data can be identified for return or destruction. It also aids in
determining whether Great Rivers Data has or may have been compromised in the
event of a security breach. As such, one or more of the following methods will be
used for data segregation.
b. Great Rivers Data will be kept on media (e.g. hard disk, optical disc, tape, etc.)
which will contain no non -Great Rivers data. And /or,
C. Great Rivers Data will be stored in a logical container on electronic media, such as
a partition or folder dedicated to Great Rivers Data. And /or,
d. Great Rivers Data will be stored in a database which will contain no non -
Great Rivers data. And /or,
e. Great Rivers Data will be stored within a database and will be distinguishable from
non -Great Rivers data by the value of a specific field or fields within database
records.
f. When stored as physical paper documents, Great Rivers Data will be physically
segregated from non -Great Rivers data in a drawer, folder, or other container.
g. When it is not feasible or practical to segregate Great Rivers Data from non -
Great Rivers data, then both the Great Rivers Data and the non -Great Rivers data
with which it is commingled must be protected as described in this exhibit.
5. Data Disposition. When the contracted work has been completed or when no longer
needed, except as noted in Section 3. Protection of Data b. Network Server Disks above,
Data shall be returned to Great Rivers or destroyed. Media on which Data may be stored
and associated acceptable methods of destruction are as follows:
Contract No. 20170015 Page 30
Great Rivers/ Cowlitz County State Contract
April 1, 2017 through March 31, 2018
Data stored on: Will be destroyed by:
Server or workstation hard disks, or Using a "wipe" utility which will overwrite the
Removable media (e.g. floppies, USB flash Data at least three (3) times using either
drives, portable hard disks) excluding optical
random or single character data, or
discs Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Recycling through a contracted firm provided
Confidential Information the contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential On -site shredding, pulping, or incineration
Information requiring special handling (e.g.
protected health information)
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely
defacing the readable surface with a coarse
abrasive
Magnetic tape Degaussing, incinerating or crosscut
shredding
6. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of Great Rivers shared Data must be reported to the Great Rivers Contact
designated in the Contract within one (1) business day of discovery. If no Great Rivers
Contact is designated in the Contract, then the notification must be reported to the
Great Rivers Privacy Officer. Contractor must also take actions to mitigate the risk of loss
and comply with any notification or other requirements imposed by law or Great Rivers.
7. Data shared with Subcontractors. If Great Rivers Data provided under this Contract is
to be shared with a subcontractor, the Contract with the subcontractor must include all of
the data security provisions within this Contract and within any amendments, attachments,
or exhibits within this Contract. If the Contractor cannot protect the Data as articulated
within this Contract, then the contract with the sub - Contractor must be submitted to the
Great Rivers Contact specified for this contract for review and approval.
Contract No. 20170015 Page 31