HomeMy WebLinkAboutPacket Special Council Jun 25 2024Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Meeting Agenda
HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010)
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Kaylee Galloway
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Dana Brown-Davis, C.M.C.
Council (Special)
Tuesday, June 25, 2024
10 AM
Hybrid Meeting
June 25, 2024Council (Special)Meeting Agenda
Call To Order
Roll Call
Announcements
Individuals who require special assistance to participate in the Council's meetings are asked to contact
the Council Office at 360.778.5010 at least 96 hours in advance. This committee meeting is also noticed
as a meeting of the Whatcom County Council, with the agenda limited to committee business.
Committee Discussion and Action
AB2024-428 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Washington State Health Care Authority (HCA) to expand
the Law Enforcement Assisted Diversion (LEAD) Program, in the amount of
$420,000
Other Business
Adjournment
Page 2 Printed on 4/24/2025Whatcom County
Agenda Bill Master Report
Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File Number: AB2024-428
1AB2024-428 Status:AuthorizedFile ID:Version:
nervin@co.whatcom.wa.us06/25/2024File Created:Entered by:
ContractHealth DepartmentDepartment:File Type:
Assigned to:Council (Special)Final Action:06/25/2024
Agenda Date:06/25/2024 Enactment #:
Primary Contact Email: elautenb@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Request authorization for the County Executive to enter into a contract between Whatcom County and
the Washington State Health Care Authority (HCA) to expand the Law Enforcement Assisted
Diversion (LEAD) Program, in the amount of $420,000
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
HISTORY OF LEGISLATIVE FILE
Action: Sent To: Date: Acting Body:
AUTHORIZED06/25/2024 Council (Special)
Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler6Aye:
0Nay:
Donovan1Absent:
Attachments:Memo, Supporting Email Document, Contract, Contract #202406026
Page 1Whatcom County Printed on 4/24/2025
From: Jones, Heidi (HCA) <heidi.jones@hca.wa.gov>
Sent: Friday, June 21, 2024 3:57 PM
To: Vanessa Martin <VMartin@co.whatcom.wa.us>
Subject: K7591 Whatcom County | Delay Background
Vanessa,
Per our discussion, I wanted to provide you some history with why this contract was delayed to the
unusual extent of finalizing just a few short weeks prior to the end of the SFY2024 fiscal year, June 30,
2024. As you may know, HCA initiated a procurement for new LEAD programs around October 2023. By
February 2024, we had identified 4 apparent successful bidders but we had money left over and wanted
to contract with you to enhance your existing LEAD programs. In addition to the late start on the
contracts, we had some levels of data governance review that had not existing when we did the same
procurement 4 years ago, and had an almost 3 month delay before we were able to land on contract
language that was approved. This was a big change in the way we wrote our contract with you, so we
had to make several changes, and review the new format together. It was an HCA delay for certain, and I
hope this helps with facilitating signatures for the contract for SFY2024 and SFY2025.
Thank you,
Heidi Jones
Contracts Specialist
Division of Legal Services
office: 360-725-5705
heidi.jones@hca.wa.gov
Pronouns: She, her
www.hca.wa.gov
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 WHATCOM
COUNTY CONTRACT Whatcom County Contract No. INFORMATION
SHEET 202406026 Originating
Department: 85 Health Division/
Program: i.e. Dept Division and Program) Response Systems Division / Law Enforcement Assisted Diversion Contract
or Grant Administrator: Vanessa Martin Contractor'
s / Agency Name: Washington State Health Care Authority Is
this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No Yes ®
I No If Amendment or Renewal,(per WCC 3.08.100 a Original Contract #: Does
contract require CouncilApproval? Yes ® I No If No, include WCC: Already
approved? Council Approved Date: Exclusions see: Whatcom County Codes 3.06.010 3.08.090 and 3.08.100 Is
this a grant agree ent? yes,
grantor agency contract numbers : K7591 CFDA#: Yes ® I No ElIf Is
this contract grant funded? If
yes, Whatcom County rant contract numbers : Yes I No Is
this contract the result of a RFP or Bidprocess? I Contract Cost Center:
124132 Yes I No I If yes, RFP and Bid number(s): d shis -
agreement excluded from E-Verify? No 1 Yes If
YES, indicate exclusion(s) below: Professional
services agreement for certified/licensed professional. Contract
work is for less than $100,000. Contract for Commercial off the shelf items (COTS). Contract
work is for less than 120 days. Work related subcontract less than $25,000. Interlocal
Agreement (between Governments). Public Works - Local Agency/Federally Funded FHWA. Contract
Amount:(sum of original contract amount and any
prior amendments): Council
approval required for; all property leases, contracts or bid awards exceeding $40,000, and
professional service contract amendments that have an increase greater than $10,000 or 10%
of contract amount, whichever is greater, except when: 1.
Exercising an option contained in a contract previously approved by the council. 2.
Contract is for design, construction, r-o-w acquisition, prof. services, or other capital costs approved
by council in a capital budget appropriation ordinance. 3.
Bid or award is for supplies. 4.
Equipment is included in Exhibit "B" of the Budget Ordinance 5.
Contract is for manufacturer's technical support and hardware maintenance of electronic systems
and/or technical support and software maintenance from the developer of ro
rieta software currently used b Whatcom County. 420,
000 This
Amendment Amount: Total
Amended Amount: Summary
of Scope: This agreement provides funding for the expansion of the LEAD Program. Term
of Contract: 1 Year Expiration Date: 06/30/2025 Contract
Routing: 1. Prepared by: JT Date: 06/18/2024 2.
Attorney signoff: CQ Date: 06/24/2024 3.
AS Finance reviewed: A Martin Date: 6/21 /2024 4.
IT reviewed (if IT related): I Date: 5.
Contractor approved: DS Date: 6.
Executive Contract Review: Date: 6/25/2024 7.
Council approved if necessary): AB2024-428 Date: 06/25/2024 8.
Executive signed: Date: 6/25/2024 9.
Original to Council: Date:
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1 DADFDB6D6B8
WHATCOM COUNTY
Health and Community Services
MEMORANDUM
TO: Satpal Sidhu, County Executive
FROM: Erika Lautenbach, Director
Erika Lautenbach, MPH, Director
Amy Harley, MD, MPH, Co -Health Officer
Greg Thompson, MD. MPH, Co -Health Officer
RE: Washington State Health Care Authority — LEAD Program Expansion Services Agreement
DATE: June 25, 2024
Attached is an interlocal agreement between Whatcom County and Washington State Health Care
Authority (HCA) for your review and signature.
Background and Purpose
This agreement provides funding for Whatcom County Health and Community Services to expand the
operational capabilities of its existing Law Enforcement Assisted Diversion/Let Everyone Advance with
Dignity (LEAD) Program.
LEAD provides intensive case management services to individuals recently arrested and/or at high risk of
arrest. LEAD enhances safety, health and equity by building a community -based alternative to arrest and
incarceration for people whose unlawful behavior stems from unmanaged substance use, mental health
challenges, or extreme poverty.
Funding Amount and Source
Funding for this agreement, in the amount of $420,000, is provided by the Washington State HCA. These
funds will be added in the 2024 budget. Council authorization is required per WCC 3.06.010 for grants
exceeding $40,000.
Please contact Vanessa Martin at 602-501-3595 (VMartin(@.co.whatcom.wa.us) if you have any questions
or concerns regarding this request.
509 Girard Street
Bellingham, WA 98225-4005 fiNWHATCOM
COUNTY
HEALTH AND
COMMUNITY
SERVICES
Main Line: (360) 778-6000
www.whatcomcounty.us/health
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 INTERAGENCY
AGREEMENT HCA Contract Number: K7591 Washington
State Health
Care ,Vuthority forLaw
Enforcement
Assisted Diversion (LEAD)
Contractor Contract
Number: 202406026 THIS
AGREEMENT
is made by and between Washington State Health Care Authority (HCA) and Whatcom County, pursuant
to the authority granted by Chapter 39.34 RCW. CONTRACTOR NAME
CONTRACTOR DOING BUSINESS AS (DBA) Whatcom County
CONTRACTOR ADDRESS
Street Citv State Zip Code 509 Girard
Street Bellingham WA 98225 CONTRACTOR CONTRACT
CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Vanessa Martin
602-501-3595 vmartin(c_co.whatcom.wa.us HCA PROGRAM
HCA DIVISION/SECTION Division of
Behavioral Health & Recovery (DBHR) HCA CONTRACT
MANAGER NAME AND TITLE HCA CONTRACT MANAGER ADDRESS Health Care
Authority Grace Burkhart,
Diversion Services Program Manager 626 8th Avenue SE PO Box
2730 Olympia, WA
98504-2730 HCA CONTRACT
MANAGER TELEPHONE HCA CONTRACT MANAGER E-MAIL ADDRESS 360) 725-
0973 grace.burkhartCcDhca.wa.aov CONTRACT START
DATE I CONTRACT END DATE I TOTAL MAXIMUM CONTRACT AMOUNT Date of
Execution I June 30, 2025 I $420,000 PURPOSE OF
CONTRACT: Expand the
operational capabilities of an existing LEAD Program that adheres to the Core Principles of Law Enforcement Assisted
Diversion (LEAD) as noted in Substitute Senate Bill (SSB) 5380 and Revised Code of Washington RCW) 71.
24.589. The parties
signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This
Contract will only be binding upon signature by both parties. The parties may execute this contract in multiple counterparts,
each of which is deemed an original and all of which constitute only one agreement. E-mail electronic mail)
transmission of a signed copy of this contract shall be the same as delivery of an original. C R1109R
SIGNATURE PRINTED NAME AND TITLE DATE atpA Satpal
Singh
Sidhu county Executive 6/25/2024 1192C7C18B664E3... HCA
SIGNATURE
PRINTED NAME AND TITLE DATE ndria Howerton
Deputy Contracts
Administrator 6/14/2024 Washington State
Page 1 of 17 LEAD Services Health Care
Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 DocuSigned
by: EOOE05E4A7809409.
a(hrx r,IA,V'iSft,In, LA& APPROVAL
AS TO PROGRAM: . Malora
Christensen, Response Systems Manager DocuSigned
by: E
DEPARTMENTHEADAPPROVAL: rrq aGI.
assras
oznz7ean 6/
25/2024 Date
6/
25/2024 Erika
Lautenbach, Director — Health and Community Services Date DocuSigned
by: APPROVAL
AS TO FORK6/25/
2024 crnaaccsraoQncn Christopher
Quinn,
Chief Civil Deputy Prosecutor Washington State
Health Care Authority 626 8t"
Avenue SE Olympia, WA
98504 360-725-
0973 Grace. BurkharW(
Oca.wa.gov Date
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 1.
DEFINITIONS Authorized
Representative" means a person to whom signature authority has been delegated in writing
acting within the limits of the person's authority. 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, finances, education, business, use
or receipt of governmental services, names, addresses, telephone numbers, social security numbers,
driver license numbers, financial profiles, credit card numbers, financial identifiers and any other
identifying numbers, law enforcement records, HCA source code or object code, or HCA or State
security information. Contract"
or "Agreement" means the entire written agreement between HCA and the contractor, including
any exhibits, documents, or materials incorporated by reference. MContract and Agreement
may be used interchangeably. Contractor"
means Whatcom County, its employees and agents. Contractor includes any firm, provider,
organization, individual or other entity performing services under this Agreement. It also includes
any Subcontractor retained by Contractor as permitted under the terms of this Agreement. Data"
means information disclosed, exchanged or used by Contractor in meeting requirements under
this Agreement. Data may also include Confidential Information as defined in 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. Information
and Communication Technology" or "ICT" means information technology and other equipment,
systems, technologies, or processes, for which the principal function is the creation, manipulation,
storage, display, receipt, or transmission of electronic data and information, as well as any
associated content. Examples include computers and peripheral equipment; information kiosks and
transaction machines; telecommunications equipment; customer premises equipment; multifunction
office machines; software; applications; websites; videos; and electronic documents."
Services" means all work performed or provided by Contractor pursuant to this Contract.
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 included as Attachment 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 Agreement under a separate contract with Contractor.
The term "Subcontractor" means subcontractor(s) of any tier. Washington
State Page 2 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 2.
STATEMENT OF WORK Contractor
will furnish the necessary personnel, equipment, material and/or service(s) and otherwise do
all things necessary for or incidental to the performance of work set forth in Attachment 1. 3.
PERIOD OF PERFORMANCE Subject
to its other provisions, the period of performance of this Contract will commence on date of last
signature, and be completed on June 30, 2025, unless terminated sooner or extended upon written
agreement between the parties. 4.
PAYMENT Compensation
for the work provided in accordance with this Agreement has been established under the
terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein
will not exceed $420,000. Payment for satisfactory performance of the work will not exceed this
amount unless the parties mutually agree to a higher amount. Compensation for services will be based
on the following rates or in accordance with Attachment 1, Statement of Work. 5.
BILLING PROCEDURE 5.
1. Contractor must submit accurate invoices to the following address for all amounts to be paid by HCA
via e-mail to the HCA Contract Manager for this Contract. Include the HCA Contract number
in the subject line of the email. 5.
2. Invoices must describe and document to HCA's satisfaction a description of the work performed, the
progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown
of each type. Any single expense in the amount of $50.00 or more must be accompanied
by a receipt in order to receive reimbursement. All invoices will be reviewed and must
be approved by the Contract Manager or designee prior to payment. 5.
3. Contractor must submit properly itemized invoices to include the following information, as applicable:
A.
The HCA Contract number; B.
Contractor name, address, phone number; C.
Description of Services; D.
Date(s) of delivery; E.
Net invoice price for each item; F.
Applicable taxes; G.
Total invoice price; and H.
Payment terms and any available prompt payment discount. Washington
State Page 3 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 5.
4. Contractor will return incorrect or incomplete invoices for correction and reissue. The Agreement number
must appear on all invoices, bills of lading, packages, and correspondence relating to this
Agreement. 5.
5. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed
invoices. Payment will be directly deposited in the bank account or sent to the address
Contractor designated in this Agreement. 5.
6. Upon expiration or termination any claims for payment for costs due and payable under this Agreement
that are incurred prior to the expiration date must be submitted by Contractor within sixty (
60) calendar days after the expiration date. There will be no obligation to pay any claims that
are submitted sixty-one (61) or more calendar days after the expiration date ("Belated Claims").
Belated Claims will be paid at HCA's sole discretion, and any such potential payment is
contingent upon the availability of funds. 6.
ACCESSIBILITY 6.
1. REQUIREMENTS AND STANDARDS. Each information and communication technology (ICT) product
or service furnished under this Contract shall be accessible to and usable by individuals with
disabilities in accordance with the Americans with Disabilities Act (ADA) and other applicable
Federal and State laws and policies, including OCIO Policy 188, et seq. For purposes of
this clause, Contractor shall be considered in compliance with the ADA and other applicable Federal
and State laws if it satisfies the requirements (including exceptions) specified in the regulations
implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility
Guidelines (WCAG) 2.1 Level AA Success Criteria and Conformance Requirements (
2008), which are incorporated by reference, and the functional performance criteria.
6.
2. DOCUMENTATION. Contractor shall maintain and retain, subject to review by HCA, full documentation
of the measures taken to ensure compliance with the applicable requirements and
functional performance criteria, including records of any testing or simulations conducted. 6.
3. REMEDIATION. If the Contractor claims that its products or services satisfy the applicable requirements
and standards specified in this Section and it is later determined by HCA that any furnished
product or service is not in compliance with such requirements and standards, HCA will
promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost
to HCA, repair or replace the non -compliant products or services within the period specified by
HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the
contract, delivery, task order, or work order, or purchase line item without termination liabilities
or have any necessary changes made or repairs performed by employees of HCA or by
another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby. 6.
4. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim arising
out of failure to comply with the aforesaid requirements. Washington
State Page 4 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 8.
AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This
Agreement may be amended by mutual agreement of the parties. Such amendments are not binding
unless they are in writing and signed by an Authorized Representative of each party. 9.
SUBCONTRACTING Neither
the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated
under this Agreement without obtaining HCA's prior written approval. HCA shall have no
responsibility for any action of any such Subcontractors. 10.
ASSIGNMENT The
work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other party,
which consent will not be unreasonably withheld. 11.
CONTRACT MANAGEMENT The
Contract Manager for each of the parties, named on the face of this Contract, will be responsible for
and will be the contact person for all communications and billings regarding the performance of this
Agreement. Either party must notify the other party within thirty (30) days of change of Contract Management.
Changes in Contract Management shall require an amendment. 12.
DISALLOWED COSTS The
Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors. 13.
DISPUTES In
the event that a dispute arises under this Agreement, it will be determined by a dispute board in the
following manner: Each party to this Agreement will appoint one member to the dispute board. The
members so appointed will jointly appoint an additional member to the dispute board. The dispute
board will review the facts, Agreement terms and applicable statutes and rules and make a determination
of the dispute. The dispute board will thereafter decide the dispute with the majority prevailing.
The determination of the dispute board will be final and binding on the parties hereto. As an
alternative to this process, either of the parties may request intervention by the Governor, as provided
by RCW 43.17.330, in which event the Governor's process will control. 14.
GOVERNANCE This
Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington
and any applicable federal laws. The provisions of this Agreement will be construed to conform
to those laws. Washington
State Page 5 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 In
the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency will be resolved by giving precedence in the following order:
A.
Applicable Federal and State of Washington statutes and regulations; B.
Attachment 1: Statement of Work; and C.
Any other provisions of the agreement, including materials incorporated by reference. 15.
INDEPENDENT CAPACITY The
employees or agents of each party who are engaged in the performance of this Agreement will not
be considered for any purpose to be employees or agents of the other party. 16.
RECORDS MAINTENANCE 16.
1. The parties to this Agreement will each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance
of the services described herein. These records will be subject to inspection, review
or audit by personnel of both parties, other personnel duly authorized by either party, the Office
of the State Auditor, and federal officials so authorized by law. All books, records, documents,
and other material relevant to this Agreement will be retained for six years after expiration
and the Office of the State Auditor, federal auditors, and any persons duly authorized by
the parties will have full access and the right to examine any of these materials during this period.
16.
2. Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving
party will not disclose or make available this material to any third parties without first giving
notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will
use reasonable security procedures and protections to assure that records and documents provided
by the other party are not erroneously disclosed to third parties. Washington
State Page 6 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 18.
TREATMENT OF ASSETS 18.
1. Ownership HCA
shall retain title to all property furnished by HCA to Contractor under this contract. Title to all
property furnished by the Contractor, for the cost of which the Contractor is entitled to reimbursement
as a direct item of cost under this contract, excluding intellectual property provided
by the Contractor, shall pass to and vest in HCA upon delivery of such property by the Contractor.
Title to other property, the cost of which is reimbursable to the Contractor under this Contract,
shall pass to and vest in HCA upon (i) issuance for use of such property in the performance
of this Contract, (ii) commencement of use of such property in the performance of this
Contract, or (iii) reimbursement of the cost thereof by HCA, in whole or in part, whichever occurs
first. 18.
2. Use of Property Any
property furnished to Contractor shall, unless otherwise provided herein, or approved in writing
by the HCA Contract Manager, be used only for the performance of and subject to the terms
of this Contract. Contractor's use of the equipment shall be subject to HCA's security, administrative
and other requirements. 18.
3. Damage to Property Contractor
shall continuously protect and be responsible for any loss, destruction, or damage to property
which results from or is caused by Contractor's acts or omissions. Contractor shall be liable
to HCA for costs of repair or replacement for property or equipment that has been lost, destroyed
or damaged by Contractor or Contractor's employees, agents or subcontractors. Cost of
replacement shall be the current market value of the property and equipment on the date of the
loss as determined by HCA. 18.
4. Notice of Damage Upon
the loss of, destruction of, or damage to any of the property, Contractor shall notify the HCA
Contract Manager thereof within one (1) Business Day and shall take all reasonable steps to
protect that property from further damage. 18.
5. Surrender of Property Contractor
will ensure that the property will be returned to HCA in like condition to that in which it was
furnished to Contractor, reasonable wear and tear excepted. Contractor shall surrender to HCA
all property upon the earlier of expiration or termination of this Contract. 19.
RIGHTS IN DATA Unless
otherwise provided, data which originates from this Agreement will be "works for hire" as defined
by the U.S. Copyright Act of 1976 and will be owned by HCA. Data will include, but not be limited
to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright,
patent, register and the ability to transfer these rights. Washington
State Page 7 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 20.
CONFIDENTIALITY Each
party agrees not to divulge, publish or otherwise make known to unauthorized persons confidential
information accessed under this Agreement. Contractor agrees that all materials containing
confidential information received pursuant to this Agreement, including, but not limited to information
derived from or containing patient records, claimant file and medical case management report
information, relations with HCA's clients and its employees, and any other information which may
be classified as confidential, shall not be disclosed to other persons without HCA's written consent
except as may be required by law. 21.
SEVERABILITY If
any provision of this Agreement or any provision of any document incorporated by reference will be held
invalid, such invalidity will not affect the other provisions of this Agreement, which can be given effect
without the invalid provision if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared
to be severable. 22.
FUNDING AVAILABILITY HCA'
s ability to make payments is contingent on funding availability. In the event funding from state, federal,
or other sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this Agreement, HCA, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or to renegotiate the Agreement subject to new funding limitations
and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines
the funding insufficiency is resolved. HCA may exercise any of these options with no notification
restrictions. 23.
TERMINATION Either
party may terminate this Agreement upon 30-days' prior written notification to the other party. If this
Agreement is so terminated, the parties will be liable only for performance rendered or costs incurred
in accordance with the terms of this Agreement prior to the effective date of termination. 24.
TERMINATION FOR CAUSE If
for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either party violates any of these terms and conditions, the aggrieved party will give the
other party written notice of such failure or violation. The responsible party will be given the opportunity
to correct the violation or failure within 30 days. If failure or violation is not corrected, this Agreement
may be terminated immediately by written notice of the aggrieved party to the other. Washington
State Page 8 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 26.
WAIVER A
failure by either party to exercise its rights under this Agreement will not preclude that party from subsequent
exercise of such rights and will not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an Authorized Representative of the party and
attached to the original Agreement. 27.
ALL WRITINGS CONTAINED HEREIN This
Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist
or to bind any of the parties hereto. 28.
SURVIVORSHIP The
terms, conditions and warranties contained in this Agreement that by their sense and context are intended
to survive the completion of the performance, expiration or termination of this Agreement shall
so survive. In addition, the terms of the sections titled Rights in Data, Confidentiality, Disputes and
Records Maintenance shall survive the termination of this Agreement. Attachments
Attachment
1: Statement of Work Washington
State Page 9 of 17 LEAD Services Health
Care Authority HCA IAA K7591
DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 ATTACHMENT
1: STATEMENT OF WORK Purpose
Expand
the operational capabilities of an existing LEAD Program that adheres to the Core Principles
of LEAD as noted in Substitute Senate Bill (SSB) 5380 and Revised Code of Washington (
RCW) 71.24.589. 2.
Background The
LEAD model was used as a template to establish a pilot site program through Senate Bill 5380 (
2019). Pilot sites were established in four (4) counties: Mason, Snohomish, Thurston, and Whatcom.
In 2023, additional funding was provided to convert the pilot site into an ongoing grant program,
and to award contracts for jurisdictions in the state of Washington to apply for funding to
scale existing projects or to launch new LEAD programs. LEAD
is a field -based program involving case management and coordination with law enforcement.
Contacts with Individuals often happen in the field (ex: someone camping in a park).
Rather than law enforcement arresting Individuals, the LEAD contractor is contacted, and arrives
at scene to evaluate the Individual's capacity and eligibility for LEAD services. 3.
Definitions 3.
1 Division of Behavioral Health and Recovery or DBHR - A Division within the Health Care Authority
that provides funding, training, and technical assistance to community -based providers
for prevention, intervention, treatment, and recovery support services to people in
need. 3.
2 Law Enforcement Assisted Diversion, LEAD or Program - A registered trademark referring
to the LEAD Program developed by the Seattle King County Policy Coordinating
Group. The LEAD Program is managed by the Purpose Dignity Action PDA)
and is recognized as an evidence -based practice in the Washington Medicaid Waiver
Toolkit and falls under the Office of Justice Programs standards for evidence - based
practices. 3.
3 LEAD Support Bureau, National Support Bureau, or NSB — A project of the PDA. The LEAD
NSB will be providing strategic guidance and technical assistance to the pilot sites developing
LEAD Programs under this Agreement, including providing guidance on implementation
with a commitment to the LEAD Programs core principles. An organization
that provides technical support for implementation of LEAD programs with fidelity
to the LEAD core principles. 3.
4 PDA (Purpose. Dignity.Action) — The parent organization supporting the LEAD Support Bureau
as one of multiple public advocacy programs in Washington State. Formerly known
as the Public Defender Association prior to 2013. The organization that that will provide
technical assistance for the LEAD site selection, implementation, and evaluation. 3.
5 Recovery Navigator Program - RCW 71.24.115 outlines the scope of activities for the Recovery
Navigator Program as a pre -arrest diversion program operated by the regional behavioral
health administrative service organizations in Washington State. Washington
State Page 10 of 17 LEAD Services Health
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 4.
HCA Responsibilities 4.
1 Provide an HCA Contract Manager that will monitor all expanded operations under the LEAD
Program; and 4.
2 Provide timely responses to all inquiries from the Contractor. 5.
Work Expectations 5.
1 Program Facilitation 5.
1.1 Collaborate with HCA Contract Manager to create a LEAD Program Site Evaluation
Plan to incorporate the additional operational capacity available through
the expansion funding, with the intent of yielding results that include but are
not limited to: a.
Reduction in arrests, time spent in custody, and/or recidivism for the LEAD
Program participants; b.
Increased access to and utilization of non -emergency community behavioral
health and/or substance use disorder services; C.
Reduction in the utilization of emergency services; d.
Increased resilience, stability, and well-being for LEAD Program participants;
and e.
Reduction in cost for the justice system in comparison to processing cases
as usual through the justice system. 5.
1.2 Continue providing intensive case management services. 5.
1.3 Continue providing intensive case management services and ensure that any new
staff hired through the expansion funding are trained on all applicable case management
practices. 5.
2 The Contractor's LEAD Program Manager will continue to provide logistical coordination, support,
and record -keeping to the local LEAD Policy Coordinating Group (PCG) and Operational
Workgroup (OWG), and will incorporate additional reporting related to the expanded
operational capacity created through this expansion as required. 5.
3 Maintain employees and/or contract clinical support positions, to include, but not limited to
the following: 5.
3.1 Outreach Coordinator; 5.
3.2 Clinical Supervisor, and 5.
3.3 Case Manager. Washington
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 5.
4 Provide referrals to local community agencies for intensive case management services, including
but not limited to the following: 5.
4.1 Substance Uses Disorder (SUD) services; 5.
4.2 Mental health services, and 5.
4.3 Behavioral health assessment and treatment. 6.
Deliverables Table 6.
1 Contractor will provide reports in accordance with Attachments, due dates and rates in the
table below. 5.
1.1 HCA Contract Manager will provide templates to Contractor within ten (10) business
days after Contract execution. 5.
1.2 HCA Contract Manager will provide updated templates, as needed. 5.
1.3 Contractor will use the current template and format to fulfill reporting deliverables.
6.
2 Contractor will transmit all reports via the Wa-Tech Managed File Transfer (MFT) portal. 6.
3 Report Table. Description
Rate Due Date Amount SFY2024
1
Budget and 60,000 per plan June 30, 2024 60,000 Staffing
Plan x 1 plan Attachment
2) 2
Narrative Report 50,000 per report 50,000 Attachment
3) x 1 report Subtotal
SFY2024 Expenses 110,000 SFY2025
3
Monthly 12,000 per month July 2024-May 2025: 15th of 144,000 Implementation
x12 months each month, following the month Reports —
Staffing of service. Attachment
4) June
2025: With final invoice. 4Monthly12,000 per month 144,000 Implementation
x12 months Reports —
Flex Funds
Attachment
5) 5
Expansion 22,000 per report June 2025: With final invoice 22,000 Outcomes
report x 1 report Subtotal
SFY2025 Expenses 310,000 Total
Maximum Compensation for deliverables completed through
June 30, 2025 420,000 Washington
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 ATTACHMENT
2: BUDGET AND STAFFING PLAN 1.
Purpose. 1.
1. A narrative plan for budget and staffing needs and activities Contractor plans to start on or
after July 1, 2024. 1.
2. Restatement and/or adjustment of informal proposed plans previously submitted, adjusted
to reflect plans on what the Contractor plans to do with the funding 1.
3. Timeline projection of milestones, to be monitored and matched through Attachment 4, Monthly
Implementation Reports — Staffing, and Attachment 5, Monthly Implementation Reports —
Flex Funds. 2.
Format: Word document for narrative descriptions, with use of Excel as needed to support budget
spreadsheet needs. 3.
Components 3.
1. Demonstrating intended goals for expanding program capability. 3.
2. Further outlining the need for the (2) Behavioral Health Specialist positions requested in the
budget proposal and the projected impact on alleviating caseload capacity issues. Washington
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 ATTACHMENT
3: NARRATIVE REPORT Purpose:
1.
1. Prior to June 30, 2024 - Narrative report that provides a description of the program and maps
out identified needs and how they will be addressed starting July 1, 2024. 1.
2. Restatement and/or adjustment of informal proposals and mission statements previously submitted,
explaining why additional funds are needed and what is anticipated to be gained
by this expansion. 1.
3. Could include history, challenges encountered/anticipated, expansion goals, etc. 2.
Format: Word document 3.
Components: 3.
1. Detail the hiring timeline for adding program staff. 3.
2. Describe the impact of new staff on reporting and workflow management systems. Washington
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 ATTACHMENT
4: MONTHLY IMPLEMENTATION REPORTS — STAFFING Purpose:
Track and document over time the progress made in staffing and expansion implementation.
2.
Format: Word document. HCA Contract Manager will work with Contractor to create a template to
provide clarification and examples. 3.
Components 3.
1. Narrative of participant success stories related to expansion staffing. 3.
2. Narrative description of any success stories or outreach engagement activities performed
by staff funded through grant expansion. 3.
3. Anticipated performance report impacts to the site evaluation plan. Washington
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 ATTACHMENT
5: MONTHLY IMPLEMENTATION REPORTS — FLEX FUNDS Purpose:
Report and document activities, highlighting expansion activities demonstrating novel successes
or unique situations for use of funds to solve problems. 2.
Format: Word Document. HCA Contract Manager will work with Contractor to create a template
to provide clarification and examples. 3.
Components 3.
1. Narrative participant success stories related to use of expansion related flex funds. 3.
2. Narrative description of successful outcomes from use of program flex funds. 3.
3. Demonstration of any utilization requests that might be considered unique or noteworthy, to
support education and training for other diversion programs. Washington
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DocuSign Envelope ID: 5C10205C-96DA-4E73-BD13-1DAD FDB6D6B8 ATTACHMENT
6: EXPANSION OUTCOMES REPORTS 4.
Purpose: Provide a summary of the outcomes that resulted from expansion funding provided in this
contract, highlighting those activities that highlight success stories or unique situations over the
entire time period covering July 1 2024 through June 30 2025. 5.
Format: Word Document. HCA Contract Manager will work with Contractor to create a template
to provide clarification and examples. 6.
Components 6.
1. Narrative of participant success stories related to use of expansion related funds. 6.
2. Narrative description of successful outcomes from access to expanded staffing that came
out of expansion plans. 6.
3. Demonstration of any utilization requests that might be considered unique or noteworthy, to
provide support, education, and training for other diversion programs. Washington
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