Board of County Commissioners John Hutchings , District 1 w Gary Edwards , District 2 w Tye Menser , District 3
Agenda for Meeting Date: Tuesday, October 13, 2020
Summary of Timed Items 2:00 p.m.) Call Meeting to Order
2:00 p.m.) Call Meeting to Order
l Pledge of Allegiance to be led by Vice-Chair Menser l Approval of the Tuesday, October 13, 2020 Agenda l Approval of the Board Meeting Minutes from: October 6, 2020
1) Opportunity for the Public to Address the Board
2) County Manager's Update a) Item Description: Follow-up on citizen issues b) Item Description: Other current issues
3) Consent Item(s) "a" through "c" c) Dept: Auditor - Financial Services File Attachment Description: Approval of the Voucher List Contact: Darren Bennett, Financial Services Division Manager Action: Move to approve the voucher list for the week of September 28, 2020 for a combined amount of $3,564,104.97.
Department Items 4) Superior Court a) Description: 2020-21 DUI/Drug Court Treatment Services Contract Contact: Sabrina Craig, Program Manager BoCC-AIS-2020-09-22- SuperiorCourt- Action: Move to approve a waiver of competitive SabrinaCraig-0139.pdf bidding and approve the DUI/Drug Court PDF File Treatment Services Contract with Pierce 2.04 MB County Alliance for the amount of $178,271.00 for the term of July 1, 2020 to June 30, 2021.
Thurston County - Board of County Commissioners Agenda Page 1 of 3 Community Planning and Economic 5) Development a) Description: Contract Amendment with the Department of Ecology to develop a Riparian Restoration Program BoCC-AIS-2020-10-27- Contact: Amber Stonik, Associate Planner CommunityPlanningandEc onomicDevelopment- Action: Move to approve the Department of Ecology AmberStonik-3252.pdf Grant No. WQNEP-2017-ThCoWR-00037 in PDF File 471 KB the amount of $552,500 for the Riparian Restoration Program, and authorize the Director of Community Planning and Economic Development to sign this agreement and future amendments that do not change the approved duration or increase the dollar amount by more than 10%.
b) Description: Set Public Hearing for Development Code Docket #A21 - Rural Accessory Dwelling Unit (ADU) BoCC-AIS-2020-10-13- Contact: Andrew Boughan, Associate Planner CommunityPlanningandEc onomicDevelopment- Action: Move to set a public hearing for Tuesday, AndrewBoughan- November 10, 2020 at 3:00 p.m., or soon 3719.pdf PDF File thereafter, at the Thurston County 246 KB Courthouse, Room 280, Building 1, to accept public testimony on Development Code Docket #A21 - Rural Accessory Dwelling Units (ADU). The public hearing will be held in-person and virtually, and a link will be provided to connect remotely for those interested in providing testimony.
6) Emergency Services a) Description: Intergovernmental EMS Contracts for Paramedical Services Contact: Kurt Hardin, Emergency Services Director BoCC-AIS-2020-09-01- EmergencyServices- Action: Move to authorize the Emergency Services SandraBush-5436.pdf Director to execute the 2021-2022 contracts, PDF File and any amendments that do not exceed 10 1.03 MB percent, for paramedic services with the cities of Olympia and Tumwater and Thurston County Fire District 3 (Lacey).
Thurston County - Board of County Commissioners Agenda Page 2 of 3 7) Public Works a) Description: Resolution for the Partial Road Closure of 188th Ave SW Contact: Matt Unzelman, Traffic Engineering and BoCC-AIS-2020-10-13- Operations Manager PublicWorks- AngelaCelestine-0230.pdf Action: Move to approve the resolution authorizing PDF File the closure of a portion of 188th Ave SW, 1.53 MB starting at the intersection of Moon Road SW and 188th Ave SW and ending 0.36 miles west of the intersection, for a definite period of 10 years.
b) Description: WSDOT Participating Agreement for 188th Ave SW Road Closure Contact: Matt Unzelman, Traffic Engineering and BoCC-AIS-2020-10-13- Operations Manager PublicWorks- AngelaCelestine-0608.pdf Action: Move to approve Washington State PDF File Department of Transportation Participating 1.34 MB Agreement (Work by Local Agency) GCB 319 obligating $435,000 of state funding for the 188th Ave SW road closure and authorize the Director of Public Works to sign the Agreement and any other necessary WSDOT supplemental agreements.
8) County Manager a) Item Description: Commissioners will report on board work sessions and assigned committee meetings providing updates on actions taken as well as upcoming issues.
b) Item Description: The County Manager will review the Board of County Commissioners schedule for the week of October 13, 2020 .
c) Item Description: Adjournment - Motion: Move to adjourn the Board of County Commissioners meeting of October 13, 2020 .
3:30 p.m.) Board of Health
Board of Health with a separate agenda and minutes.
Disability Accommodations: Room 280 is equipped with an assistive listening system and is wheelchair accessible. To request disability accommodations call the Reasonable Accommodation Coordinator at least 3 days prior to the meeting at 360-786-5440. Persons with speech or hearing disabilities may call via Washington Relay: 711 or 800-833-6388.
Thurston County - Board of County Commissioners Agenda Page 3 of 3
Board of County Commissioners AGENDA ITEM SUMMARY
Agenda Date: 10/13/2020 Date Created: 9/3/2020 Agenda Item #:
Created by: Sabrina Craig, Program Manager - Superior Court - 360-709-3089
Creator = Presenter? Yes No Is this a presentation by more than one person? Presenter: Sabrina Craig, Program Manager - Superior Court - 360-709-3089
Item Title: 2020-21 DUI/Drug Court Treatment Services Contract
Action Needed: Execute Contract Class of Item: Department
List of Exhibits Attach any materials such as spreadsheets, powerpoint Exhibit A 2020-21 presentations, word documents, etc. Statement of Work_GSO Comments.docx Click Additional Attachment to attach more materials. Microsoft Word Document 36.3 KB
PCA Contract_7.1.20- 6.30.21_GSO.docx Microsoft Word Document 69.4 KB
Exhibit B 2020-21 Compenstation and Method of Payment_GSO.docx Microsoft Word Document 39.8 KB
Exhibit C- 2020-21 Specific Provisions CJTA_GSO Comments.docx Microsoft Word Document 23.0 KB
Exhibit D 2020-21 Business Associate Agreement.docx Microsoft Word Document 49.5 KB
Exhibit E 2020-21 Data Security and Confidentiality Requirements_GSO.docx Microsoft Word Document 24.8 KB
Exhibit F Programatic Treatment Report.xlsx Microsoft Excel Worksheet 119 KB
Exhibit G- Quarterly Progress Report.pdf PDF File 58.1 KB
NOTE: If you attach a file and get a message saying " You have chosen to attach a large file… ", you need to optimize the file to make it smaller. Contact Dan Murray at 4593 for assistance.
Clearance from other Departments? Budget Effect Summary? Recommended Action: Move to approve a waiver of competitive bidding and approve the DUI/Drug Court Treatment Services Contract with Pierce County Alliance for the amount of $178,271.00 for the term of July 1, 2020 to June 30, 2021.
Item Description:
In Oct 2018 The Board approved an RFP submitted by Thurston County Superior Court-DUI/Drug Court to procure treatment services, and approved Superior Court's requested authority to sign a multi-year contract with the winning bidder, which included the initial one-year of services and two optional renewal periods. Superior Court entered into this contract from December 1, 2018- Nov 30, 2019 with the bidder that met the RFP requirements, Pierce County Alliance.
In February 2020, the BoCC approved the first of the two optional renewal periods for this contract with Pierce County Alliance. The first renewal contract expired on June 30, 2020. This shorter contracting period was done in order to put the Treatment Services Contract on the same contract cycle as the County's Criminal Justice Treatment Act (CJTA) contract with the Washington State Healthcare Authority, and Public Health and Social Services's Memorandum of Understanding (MOU) with Superior Court, which both run annually from July to June. These agreements (the CJTA contract and the PHSS MOU with Superior Court) are the funding source for this Treatment Services Contract.
The Treatment Services Contract expired on June 30, 2020. Superior Court was not been able to bring a request for approval of the third contract renewal option for the Treatment Services Contract before the Board until now because the County's CJTA contract was not yet executed, and thus no CJTA funds were available to fund the Treatment Services Contract.
In other words, but for variables outside of our control, this Treatment Services Contract with Pierce County Alliance would have been renewed in accordance with the BoCC's prior approval, and pursuant to the BoCC-approved RFP process conducted in 2018. To the extent the expiration of the Treatment Services Contract on June 30, 2020 now requires an RFP under County procurement policy, Superior Court requests a waiver of competitive bidding. Such waiver is authorized under County policy and state law does not require competitive bidding in this instance. Starting over with a new RFP process at this stage would not be beneficial or useful to the County, particularly where the contractor was awarded the preceding contracts under an RFP. This contract with Pierce County Alliance allows the Alliance to deliver vital and necessary substance abuse counseling services to DUI/Drug Court participants.
The Interdepartmental MOU between PHSS and Superior Court, providing the treatment services funding, was executed on August 25, 2020. The Thurston County CJTA plan that included the allocation for this contract (DUI/Drug Court Treatment Services Contract) was before the Board and approved on Sept 1, 2020. The AIS for this Treatment Services Contract was subsequently promptly submitted in an effort to avoid any further delay on execution of this contract.
As this upcoming contract period represents the last of the optional renewals approved by the BoCC in 2018, the Court anticipates conducting an RFP in early 2021, prior to the end of this requested contract period, before entering into another contract with a provider for these services.
This AIS is complete and ready for the Clerk of the Board to include in the Board Agenda: Date Submitted: 9/29/2020
EXHIBIT A - STATEMENT OF WORK
The CONTRACTOR shall provide substance use disorder treatment and support services for Thurston County DUI/Drug Court Program.
All services will be provided under this contract are on a fee for service basis (see Exhibit B: Compensation and Method of Payment).
1. The CONTRACTOR will maintain certification by the Washington State Department Health to provide substance use disorder (SUD) treatment services.
a. Adult Outpatient Treatment Services described below in accordance with: i. RCW 70.96A ii. WAC 246-341 iii. American Society of Addiction Medicine Patient Placement Criteria (ASAM PPC) iv. DUI/Drug Court Program Policies and Procedures v. The NADCP Best Practice Standards
2. The CONTRACTOR shall ensure that all treatment services are provided by:
a. Substance Use Disorder Professionals (SUDP) credentialed by Washington State Department of Health. A SUDPT may be used in lieu of a SUDP with appropriate supervision.
b. All treatment services provided by SUDP’s will be overseen by a credentialed Clinical Supervisor who meets all requirements outlined in WAC 246-811-049:
i. Has completed clinical supervision training. ii. Meets all WAC and RCW requirements to provide clinical supervision to other SUDP’s or SUDPT’s employed by the contractor within the Drug Court program.
1. If the primary supervisor is not able by statute requirement (WAC 246-811-049 (4)) to supervise all personnel an alternate supervisor should be identified with the same training and meeting the same requirements in WAC 246-811-049.
c. Administrative/support staff necessary to fulfill any and all other administrative and program support services provided by the CONTRACTOR as a direct service to the DUI/Drug Court program participants including:
i. Data collection related to CJTA services ii. Observation of toxicology services for therapeutic court participants in Thurston County
3. The CONTRACTOR shall, at its own expense, ensure attendance of two (2) staff members to the National Association of Drug Courts Professionals (NADCP) annual conference.
4. The Contractor shall ensure that continuing education is provided to all clinical and support staff- CONTINUING EDUCATION 42 USC 300X-28(B) AND 45 CFR 96.132(B).
5. The CONTRACTOR shall provide services to a maximum participant census of no more than 105 participants.
a. This number may be increased in mutual agreement with the CONTRACTOR and the COUNTY based on alternative/additional funding sources being obtained during the contract period.
M:\Contracts\PCA Contract 2020-2021 Exhibit A - Statement of Work - 1
6. The CONTRACTOR shall provide Substance Use Disorder treatment services as follows:
a. Complete a bio-psychosocial assessment within 7 calendar days from the date of entry into the DUI/Drug Court Program. WAC 246-341-0610 Clinical- Initial Assessment. b. Treatment services shall be provided during regular and non-business hours that include days, evenings, weekends, and holidays as prescribed by the program. c. UA testing protocols and the correct chain of custody shall be carefully followed and documented as outlined in the DUI/Drug Court Program Policies and Procedures, program contracts and Participant Handbooks. d. Assess participant needs and assist with referral to and coordination of all ancillary community resources and service agencies as an ongoing part of the individual service plan development and review. e. Ensure medication procedures are followed by all participants as outlined in the DUI/Drug Court Program Policies and Procedures, program contracts and Participant Handbooks. This includes all prescribed medications including those prescribed for Medication Assisted Treatment (MAT). f. If a participant requires detoxification, inpatient or Medication Assisted Treatment (MAT) services, the CONTRACTOR shall make all referrals based on clinical assessment utilizing ASAM Criteria and ensure that these referrals and service coordination are documented in the participants treatment plans and progress notes.
7. The CONTRACTOR shall utilize, at minimum, the following evidence-based treatment models in the provision of DUI/Drug Court treatment services:
a. Substance Use Disorder Professional (SUDP) staff are to be trained and supervised to ensure fidelity requirements in the following treatment modalities: i. Moral Reconation Therapy (MRT), ii. Cognitive Self Change (CSC), and iii. Seeking Safety. b. All SUDP/SUDPT’s providing direct treatment services shall be trained in providing treatment services for participants with co-occurring disorders.
8. The CONTRACTOR shall perform all duties as outlined in the “DUI/Drug Court Program Policies and Procedures” and consistent with the “Drug Court /Treatment Team Behavior Expectations.”
9. CONTRACTOR shall assist participants in adherence to DUI/Drug Court program contracts and all other requirements set forth in the DUI/Drug Court program handbooks.
10. The CONTRACTOR shall report all violations in accordance with DUI/Drug Court Program Policies and Procedures, program contracts and requirements set forth in the program handbook.
11. The CONTRACTOR shall provide any previous DUI/Drug Court graduate with a current referral to services in the community if they return to the program to seeking support.
12. The CONTRACTOR shall inform all program participants about the provider grievance procedure and will provide a written copy of the grievance procedure for the participants.
13. The CONTRACTOR will provide annually, no later than January 15th, evidence of fidelity in the provision of all treatment modalities used in DUI/Drug Court treatment, to include:
a. MRT b. Seeking Safety c. Cognitive Self Change
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14. The CONTRACTOR shall maintain a Medicaid services contract for the provision of Medicaid funded substance use disorder treatment services with all locally contracting Managed Care Organizations (MCO’s), to include but not limited to the following requirements:
a. Meet all “Access to Care and Appointment Standard”; b. Meet all Common Utilization Management Guidelines including: i. Obtaining prior authorization for any treatment or recovery support services; ii. Provide Case management to ensure care coordination. c. Provide timely invoicing and encounter data processing.
15. The CONTRACTOR, in its capacity as the DUI/Drug Court program treatment provider and a member of the local treatment community, will participate as a member of the local Thurston County CJTA panel and provide CJTA eligible treatment and recovery support services to CJTA eligible participants in the Thurston County DUI/Drug Court program.
16. The CONTRACTOR will ensure the complete reporting of all CJTA encounter data requirements to include:
a. CJTA-related data analytics and related data systems to oversee all data interfaces and support the specific reporting requirements under this Contract. b. The Contractor shall ensure the data collected is sufficient to meet all necessary data elements required by HCA for the Programmatic Treatment Report (PTR) Exhibit F. c. Collect and input individual demographic and encounter data for all DUI/Drug Court participants receiving CJTA funded treatment and/or recovery support services. d. Provide Secure File Transfer of all CJTA encounter data within 30 days of the end of the State fiscal quarter, adhering to all Data Use, Security and Confidentiality requirements outlined in Exhibit E: Data Use, Security and Confidentiality Requirements. e. Collect information for the CJTA Quarterly Progress Report (QPR) to include: i. number of IVDU’s and substances used ii. PPW’s, served monthly for the quarterly reports submitted to HCA by Thurston County Public Health and Social Services. f. The Contractor will be responsible for submitting information necessary to complete Revenue & Expenditure report on a quarterly basis. The County will provide the Contractor with a template form that captures the fiscal expenditures for that quarter. g. Track fidelity adherence to innovative treatment models (MRT and Seeking Safety) using Correctional Counseling Institutes MRT- fidelity check list and Seeking Safety participant group evaluations. Contractor will collect fidelity adherence data throughout the year and provide annual report no later than January 15th.
M:\Contracts\PCA Contract 2020-2021 Exhibit A - Statement of Work - 3
Thurston County Superior Court – DUI/Drug Court Program PROFESSIONAL SERVICES CONTRACT (INVOLVING PROTECTED HEALTH INFORMATION)
This Professional Services Contract, is entered into in duplicate originals between the SUPERIOR COURT FOR THE COUNTY OF THURSTON, STATE OF WASHINGTON, with its principal offices at 2000 Lakeridge Dr. SW, Bldg. 2, Olympia, WA 98502, hereinafter “County” (DUI/Drug Court Program), and Pierce County Alliance, with its principal office at 510 Tacoma Avenue South; Tacoma Wa 98402, hereinafter “Contractor.”
PARTIES TO THE CONTRACT CONTRACTOR COUNTY Pierce County Alliance Thurston County Superior Court Terree Schmidt-Whelan, Ph.D. Sabrina Craig, Program Administrator 510 Tacoma Avenue South Thurston County DUI/Drug Court Program Tacoma Wa. 98402 2400 Bristol Ct. SW Telephone: (253)272-4750 Olympia, WA 98502 Telephone: (360) 709-3089 FAX: (253)272-6788 Fax: (360) 754-4117 Email: [email protected] Email: [email protected]
CONTRACT START DATE CONTRACT END DATE
July 1, 2020 June 30, 2021
CONTRACT AMOUNT EXHIBITS The following exhibits are attached and incorporated into this Contract: $178,271.00 Exhibit A - Statement of Work Exhibit B - Compensation and Method of Payment Exhibit C – Specific Terms Exhibit D- Business Associate Agreement Exhibit E – Data Use, Security, and Confidentiality Agreement Exhibit F – Programmatic Treatment Report Spreadsheet Template Exhibit G – Quarterly Progress Report By their signatures below, the parties agree to the terms and conditions of this Professional Services Contract and all documents incorporated by reference. No other understandings or representations, oral or otherwise, regarding the subject matter of this Professional Services Contract shall be deemed to exist or bind the parties. The parties signing below certify that they are authorized to sign this Professional Services Contract and acknowledge that the waiver of immunity set out in Section 7.b. was mutually negotiated and specifically agreed to by the parties herein. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
COUNTY SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Thurston County Superior Court
DUI/Drug Court Treatment Services Contract Contract -1 DEPUTY PROSECUTING ATTORNEY Approved as to Form: Jon Tunheim, Prosecuting Attorney
By: Grace O’Connor, Deputy Prosecuting Attorney
DUI/Drug Court Treatment Services Contract Contract -2 In consideration of the mutual benefits and covenants contained herein, the parties agree as follows:
1. SERVICES PROVIDED BY THE CONTRACTOR
The CONTRACTOR represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract.
a. A detailed description of the services to be performed by the CONTRACTOR is set forth in Exhibit A, Statement of Work which is attached hereto and incorporated herein by reference.
b. The CONTRACTOR agrees to provide its own labor and as provided for in the Contract, the COUNTY will provide materials, equipment and the facility.
c. The CONTRACTOR shall perform the work specified in this contract according to standard industry practice and will meet all requirements outlined in WAC 246-341 and all RCW’s applicable to the administration of Substance Use Disorder treatment services.
d. The CONTRACTOR shall adhere to all the Specific Terms as outlined in Exhibit C, attached hereto and incorporated herein by reference. In the event any portion of the Specific Terms contained in Exhibit C conflicts with any provision contained in the Statement of Work set forth in Exhibit A, the provisions in the Specific Terms shall control and be given precedence.
e. The CONTRACTOR shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties.
f. The CONTRACTOR shall from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY's request, the CONTRACTOR shall prepare and present status reports on its work.
g. The CONTRACTOR shall submit reports and other information to the COUNTY in accordance with Exhibit B, Fiscal Provisions attached hereto and incorporated herein by this reference.
2. SERVICES PROVIDED BY THE COUNTY
In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following:
a. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR’S services.
b. Coordination with other County Departments or other Consultants as necessary for the performance of the CONTRACTOR’S services.
c. Services documents, or other information identified in Exhibit A and Exhibit B.
3. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative as set forth on page one of this Contract. Each party may change its representative upon providing written notice to the other party.
4. COMPENSATION
The maximum amount payable is set forth on page one of this Contract. Compensation shall be paid in accordance with the provisions of Exhibit B. The funding source for this Contract is the Criminal Justice
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Treatment Account (CJTA) funds.
5. SAFEGUARDING CONFIDENTIAL INFORMATION
a. Confidential Information collected, used or acquired in connection with this Contract shall be used solely for the purposes of this Contract. CONTRACTOR shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with the performance of the services, except:
(1) As provided by law; or,
(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.
b. The CONTRACTOR agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access, use, disclosure, modification or loss of Confidential Information. This duty requires the CONTRACTOR to employ reasonable security measures, which includes restricting access to the Confidential Information by: (1) allowing access only to staff that have an authorized business requirement to view the Confidential Information; and (2) physically securing any computers, documents, or other media containing the Confidential Information. The COUNTY reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used or acquired by the CONTRACTOR through this Contract. To the extent allowed by law, the CONTRACTOR shall certify the return or destruction of all Confidential Information upon expiration of this Contract.
c. Any breach of this Section may result in termination of the Contract and the demand for return of all records in connection with this Contract. The CONTRACTOR agrees to indemnify and hold harmless the COUNTY for any damages related to the CONTRACTOR’S unauthorized use or disclosure of Confidential Information.
d. The provisions of this Section shall be included in any CONTRACTOR’S subcontract(s) relating to the services provide under this Contract.
e. 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.
f. "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.
g. “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’s license numbers, other identifying numbers, and any financial identifiers. Personal Information includes “Protected Health Information” as set forth in 45 CFR §160.103 as currently drafted and subsequently amended or revised and other information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW, 42 USC §§1320 et seq., 42 CFR Part 2, Chapters 70.02, 70.24. 70.96A and 71.05 RCW or other state and federal statutes and regulations governing confidentiality or disclosure.
h. In the event any provisions contained in this Section 5 conflict with Exhibit E, the provisions in Section E shall control and be given precedence. M:/Contract/ PCA contract 2020-2021 Contract - 4
6. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the CONTRACTOR in the performance of any work required under this Contract, the CONTRACTOR shall make any and all necessary corrections without additional compensation. All work submitted by the CONTRACTOR shall be certified by the CONTRACTOR and checked for errors and omissions. The CONTRACTOR shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY
b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY.
c. The parties may, upon mutual agreement, enter into written change orders provided that said change orders do not materially increase or decrease the scope of work, contract duration, or total contract amount.
7. HOLD HARMLESS AND INDEMNIFICATION
a. The CONTRACTOR shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorney’s fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONTRACTOR’S acts, errors or omissions or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts any of them may be liable, in the performance of this Contract. Claims shall include, but not be limited to, assertions that information supplied or used by the CONTRACTOR or subcontractor infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONTRACTOR’S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONTRACTOR’S obligations hereunder shall apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents or subcontractors.
b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or subcontractor under Worker’s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONTRACTOR expressly waives any immunity the CONTRACTOR might have had under Title 51 RCW. By executing the Contract, the CONTRACTOR acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONTRACTOR makes with any subcontractor or agent performing work hereunder.
c. The CONTRACTOR’S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR’S employees, agents or subcontractors.
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8. INSURANCE
a. Professional Legal Liability: The CONTRACTOR, if a licensed professional, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR’S profession and shall be written subject to limits of not less than $1,000,000 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONTRACTOR’S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONTRACTOR’S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract.
b. Workers’ Compensation (Industrial Insurance): The CONTRACTOR shall maintain workers’ compensation insurance as required by Title 51 RCW, and shall provide evidence of coverage to the Thurston County Risk Management Division.
c. Commercial General Liability: The CONTRACTOR shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000.
i. The CONTRACTOR shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONTRACTOR will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage.
ii. The CONTRACTOR’S Commercial General Liability insurance shall include the COUNTY, its officers, officials, employees and agents as additional insureds with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured.
iii. The CONTRACTOR shall furnish the COUNTY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as an additional insured.
iv. If the CONTRACTOR’S liability coverage is written as a claims made policy, then the CONTRACTOR must evidence the purchase of an extended reporting period or “tail” coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period.
v. If the Contract is over $50,000 then the CONTRACTOR shall also maintain Employers Liability Coverage with a limit of not less than $1 million.
d. Automobile Liability: The CONTRACTOR shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000 each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non-owned automobiles.
e. Other Insurance Provisions:
i. The CONTRACTOR’S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected and appointed officers, officials, employees and agents.
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ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the COUNTY, its officers, officials, employees or agents.
iii. The CONTRACTOR’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
iv. The CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.
vi. The CONTRACTOR shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced.
f. Verification of Coverage and Acceptability of Insurers: The CONTRACTOR shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington.
i. Certificates of Insurance shall show the Certificate Holder as Thurston County and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department.
ii. Written notice of cancellation or change shall be mailed to the COUNTY at the following address:
Attn: Risk Analyst Human Resources 2000 Lakeridge Drive S.W., Bldg. 4 Olympia, Washington 98502
iii. The CONTRACTOR shall furnish the COUNTY with properly executed certificated of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the COUNTY.
iv. The CONTRACTOR or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Division.
9. FAILURE TO COMPLY WITH CONTRACT REQUIREMENTS
a. If the CONTRACTOR fails to comply with the terms and conditions of this Contract, the COUNTY may pursue such remedies as is legally available including, but not limited to, termination of this Contract in the manner specified herein.
b. If the COUNTY determines that the CONTRACTOR has failed to comply with any of its contractual obligations, the COUNTY will notify the CONTRACTOR in writing of the specific actions which must be taken by the CONTRACTOR to achieve compliance within thirty (30) calendar days or such shorter time as the COUNTY determines based on the circumstances. The COUNTY will offer technical assistance to develop and implement a corrective action plan, offering any specific feedback
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necessary for making corrections. If the CONTRACTOR fails to comply with the contractual obligations in accordance with the notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the CONTRACTOR, withhold payment, reduce or eliminate funding available to the CONTRACTOR.
c. At the end of the compliance period, the COUNTY will re-evaluate for compliance and the CONTRACTOR will be notified in writing whether they are in compliance, whether further compliance actions are required, or whether the COUNTY will elect other remedies, including termination.
10. TERMINATION
a. The COUNTY may terminate this Contract for convenience in whole or in part whenever the COUNTY determines, in its sole discretion that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONTRACTOR. In that event, the COUNTY shall pay the CONTRACTOR for all costs incurred by the CONTRACTOR in performing the Contract up to the date of such notice.
b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the COUNTY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the CONTRACTOR.
c. This Contract may be terminated in whole or in part by the mutual agreement of the parties. Such termination shall be in writing, signed by both parties and shall include the conditions for termination, the effective date, and the portion to be terminated.
11. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. The CONTRACTOR shall perform the terms of the Contract using only its bona fide employees or agents who have the qualifications to perform under this Contract. The obligations and duties of the CONTRACTOR under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the COUNTY.
b. The CONTRACTOR shall be responsible for its subcontractors’ compliance with all requirements of this Contract and applicable laws. In the event of non-compliance by a subcontractor, the COUNTY may terminate this CONTRACT in whole or in part.
c. The CONTRACTOR warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract.
12. NON-WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time.
13. CONFLICT OF INTEREST
The COUNTY may, by written notice to the CONTRACTOR, terminate this Contract or any contract in whole or in part if it is found that any of the following laws have been violated in obtaining or amending this Contract or M:/Contract/ PCA contract 2020-2021 Contract - 8 the making of any determinations with respect to this Contract.
Misconduct of Public Officers, Chapter 42.20 RCW; Code of Ethics for Municipal Officers--Contract Interests, Chapter 42.23 RCW
The COUNTY shall not be liable for payment for services rendered pursuant to this Contract, any contract or subcontract to the extent this Contract, any contract, or subcontract was entered into in violation of this clause.
The rights and remedies of the COUNTY provided for in this clause are in addition to any other rights and remedies provided by this Contract.
14. INDEPENDENT CONTRACTOR
a. The CONTRACTOR’S services shall be furnished by the CONTRACTOR as an Independent Contractor and not as an agent, employee or servant of the COUNTY. The CONTRACTOR specifically has the right to direct and control CONTRACTOR’S own activities in providing the agreed services in accordance with the specifications set out in this Contract.
b. The CONTRACTOR acknowledges that the maximum allowable compensation for this Contract is set forth on page 1 of this Contract, and the CONTRACTOR is not entitled to any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to Thurston County employees.
c. The CONTRACTOR shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent or representative of the CONTRACTOR shall be or deem to be or act or purport to act as an employee, agent or representative of the COUNTY.
d. The CONTRACTOR shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the CONTRACTOR and as to all duties, activities and requirements by the CONTRACTOR in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations.
e. The CONTRACTOR agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY’S contract representative or designee.
15. COMPLIANCE WITH LAWS
The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract.
The CONTRACTOR shall comply with Health Insurance Portability and Accountability Act of 1996, Pub.L. No. 104-191, as amended (HIPAA). The CONTRACTOR shall comply with HIPAA including all applicable regulations contained in 45 CFR Parts 160 and 164, issued by the U.S. Department of Health and Human Services as either have been amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act (HITECH Act), Title XIII of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). The CONTRACTOR shall enter into a Business Associate Agreement Addendum with the COUNTY if the COUNTY determines one is required.
16. MAINTENANCE OF RECORDS
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The CONTRACTOR agrees to establish and maintain accounting records and files which accurately reflect all direct and indirect costs related to the performance of this Contract. Records will enable identification of all Federal funds received and expended by Catalog of Federal Domestic Assistance Number (CFDA#), Federal program, contract number and year, name of Federal, state and contracting agency. Records will meet the requirements of OMB Circular A-110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-profit Organizations.
In addition to those Patient Records prescribed in WAC 388-877-0425 & 0748, The CONTRACTOR shall maintain all books, records, documents, reports, and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in performance under the approved Contract statement of work and/or Contract budget for six (6) years after the expiration or termination of the Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the Washington State Health Care Authority Medicaid billing system regulations and with the Thurston/Mason Behavioral Health Organizations Medicaid Information System (MIS) AVATAR.
The CONTRACTOR shall maintain records to document performance of all acts required by law, regulation and this CONTRACT.
The CONTRACTOR agrees to retain all documents and records relating to this Contract for six years after the expiration or termination date of this Contract. In the event of litigation, unresolved audits and/or unresolved claims, the CONTRACTOR agrees to retain all records, reports and other documentation until all such litigation, claims and audits have been resolved.
17. INSPECTION OF BOOKS AND RECORDS
The CONTRACTOR agrees that independent auditors, the COUNTY and/or authorized representatives of the state and Federal agencies will have full access, the right to inspect, audit and review, and the right to copy or transcribe all financial records, reports and other documentation pertinent to this Contract. During the term of this Contract and for one (1) year following termination or expiration of this Contract, the CONTRACTOR shall provide the COUNTY and authorized representatives of the state access to its place of business and to its records which are relevant to its compliance with this Contract, and applicable laws and regulations. The COUNTY reserves the right to perform a fiscal review during the period of this Contract, and/or a closeout review at the completion of this Contract. The COUNTY may, at reasonable times, inspect the books and records of the CONTRACTOR relating to the performance of this Contract.
18. NONDISCRIMINATION
The CONTRACTOR, its assignees, delegates or subcontractors shall not discriminate against any person in employment or in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran or military status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400.
19. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by DSHS. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the CONTRACTOR for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONTRACTOR harmless therefore to the extent such use is agreed to in writing by the CONTRACTOR.
M:/Contract/ PCA contract 2020-2021 Contract - 10 b. An electronic copy of all or a portion of material produced shall be submitted to the COUNTY upon request or at the end of the job using the word processing program and version specified by the COUNTY.
20. DEBARMENT AND SUSPENSION
As part of compliance with OMB circular A-102 and Executive Order 12549, the CONTRACTOR certifies that neither it nor its principals are not presently suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds.
The CONTRACTOR has not within a 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. The CONTRACTOR is not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated above; and has not within a 3- year period preceding this Contract had one or more public transactions (Federal, State, or local) terminated for cause or default.
If the CONTRACTOR is found to be disbarred or suspended or otherwise excluded from or ineligible for participation in any Federal program at any time during the Contract period, immediate termination of this Contract will result.
21. DISPUTES
Differences between the CONTRACTOR and the COUNTY, arising under and by virtue of this Contract, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the COUNTY’S Contract representative or designee. All rulings, orders, instructions and decisions of the COUNTY’S contract representative shall be final and conclusive, subject to the CONTRACTOR’S right to seek judicial relief pursuant to Section 21.
22. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington.
23. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid.
b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision.
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c. Should the COUNTY determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the COUNTY may, in its sole discretion, terminate this Contract.
24. NOTICES
Any notice shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out on page 1. Notice may also be given by email or facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by email or facsimile, service shall be effective on the day received, if received during regular business hours (8:00am to 5:00pm). If an email or facsimile is sent outside of business hours, service shall be effective as of the next business day.
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EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1. Consideration
A. This contract is a fee for services contract and as such services will be reimbursed based on the fee schedule below.
B. The maximum compensation payable under this Contract is: $178, 271.00.
C. Fee Schedule:
Rate Service hours provided Total (Rate x Service hours) Adult Group- $ 40.08 per hour Face to Face SUD $ 165.00 per hour Assessment Individual $27.78 per 15mins Therapy with and w/o family Case $22.14 per 15mins Management Admin- Data $26.25 per hr. entry and Not to exceed 28hrs reporting mo.
Totals $
2. COUNTY Obligation for Payment
A. No payment shall be made for any services rendered by the CONTRACTOR except for those services identified and set forth in this Contract.
B. The COUNTY shall not be obligated to reimburse the CONTRACTOR for any services or activities, performed prior to having a fully executed copy of this Contract.
C. The COUNTY will make payments monthly, upon receipt of a properly submitted invoice from the CONTRACTOR utilizing the Fee Schedule above as well as providing all supporting documentation including:
1) Detailed monthly income statement that includes:
i. Income received that month from Managed Care Organizations (MCO’s) for all Medicaid treatment services provided under this contract.
ii. Income received from 3rd party/private insurance.
2) Reports reflecting all CJTA eligible encounter data and validation of such encounter data to the COUNTY’s One Drive to ensure Public Health and Social Services (PHSS) ability to transmit quarterly encounter data to Washington State Health Care Authority.
D. The COUNTY shall not pay any claims for payment for services submitted more than 45 days after the
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calendar month in which the services were performed, unless otherwise specified in this Contract.
3. Service Availability
The Contractor will ensure that all DUI/Drug Court participants who are offered services under this contract are screened for financial eligibility. This screening will be documented and reported monthly for billing purposes.
4. Reimbursement
The CONTRACTOR shall ensure all services under this Contract are:
A. Allowable costs, in accordance with “Behavioral Health Provider Services Reference Guide,” as well as the Medicaid/CJTA billing codes and requirements.
B. All treatment services are documented in the CONTRACTORS Medical Information System (MIS), AVATAR and are available for review upon request by the COUNTY.
C. Contractor will provide CJTA encounter data monthly, using the Programmatic Treatment Report (PTR) template, a copy of which is attached as Exhibit F to this Contract. The PTR will be stored on the COUNTY’s One Drive to ensure secure access only to: Superior Court-DUI/Drug Court program, Public Health and Social Services and the CONTRACTOR. Public Health and Social Services needs such access to upload the PTR using Secure File Transmission Process (SFTP) to the Healthcare Authority to validate all CJTA eligible treatment and recovery support services provided within the Thurston County DUI/Drug Court program quarterly.
D. Billing for Medicaid eligible participants.
1) The CONTRACTOR shall ensure verification of all Medicaid benefits using ProviderOne.
2) Services to Medicaid participants shall be billed directly through the Managed Care Organizations (MCO’s).
3) Any amounts billed by the CONTRACTOR and paid by the COUNTY for services rendered to participants eligible for Medicaid services shall constitute an overpayment.
E. Billing for Non-Medicaid eligible participants.
1) The CONTRACTOR shall conduct a thorough financial screen on each participant requesting treatment services monthly and will bill the appropriate payer for services delivered during that month.
5. Billing Limitations
The CONTRACTOR shall ensure:
A. If the participant has insurance, the CONTRACTOR is required to bill their primary insurance first.
B. Single Source Funding
1) Only one source of funds can be used at any given time.
2) All treatment services provided to an individual participant during any one period of time must be funded from a sole source of funds under this Contract.
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3) The funding designated by the treatment CONTRACTOR in AVATAR medical information system defines the single source of funds to be used to fund the treatment services provided to an individual participant.
C. Multiple Payments for the Same Claim
The CONTRACTOR shall not bill the COUNTY for services performed under this Contract, and the COUNTY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the State of Washington or any other party under any other contract or agreement for the same services.
D. Recovery of Costs Claimed in Error
If the CONTRACTOR claims and the COUNTY reimburses for `expenditures under this Contract which the COUNTY later finds were (1) claimed in error or (2) not allowable costs under the terms of the Contract, the CONTRACTOR shall repay in full within 30 days of notice to repay from the COUNTY.
6. Invoice Submittal
The CONTRACTOR shall ensure the following to receive proper reimbursement:
A. Submit an invoice including all supporting documentation, encounter data no later than 45 days after the month during which any CJTA eligible treatment services were performed under this Contract. Payment is subject to the COUNTY receiving all supporting documentation and in appropriate form.
B. Shall not charge or accept additional fees from any participant, relative, or any other person, for services provided under this Contract other than those specifically authorized by the COUNTY. The CONTRACTOR shall require its subcontractors to adhere to this requirement. In the event the CONTRACTOR charges or accepts prohibited fees, the COUNTY shall have the right to assert a claim against the CONTRACTOR on behalf of the participant, per RCW 74.09. Any violation of this provision shall be deemed a material breach of this Contract.
C. The COUNTY agrees to make payment for contracted activities provided within 30 days of receipt of the CONTRACTOR’s invoice.
D. The CONTRACTOR shall submit documentation of services supporting invoicing, including encounter data and information as outlined in Exhibits F and G no less than quarterly to accommodate the COUNY’s CJTA reporting requirements.
7. Reduction in Funding
With regard to all services provided under this contract:
A. The COUNTY reserves the right to reduce the funds awarded in this Contract if the CONTRACTOR’s revenue for treatment services/activities fall below 85% of expected levels during any fiscal year quarter.
B. If the COUNTY decides to exercise the right to reduce funds, the COUNTY will provide written notification 30 days prior to the reduction. The notice will specify the reason for the reduction, the amount to be reduced, and the effective date of the reduction.
8. Medicaid Rules and Limitations Affecting Compensation
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The CONTRACTOR shall adhere to the following Medicaid rules and limitations as appropriate:
A. Ensure covered Medicaid SUD treatment services for Medicaid-eligible participants are not charged as non-Medicaid expenditure. Any such expenditure under this Contract shall constitute an overpayment.
B. Maintain a Medicaid Provider Agreement with all MCO’s contracting with all Thurston Mason treatment services providers.
C. Ensure that policies and procedures are established and utilized to screen all potential Medicaid-eligible participants for Medicaid eligibility.
D. Assist all Medicaid-eligible participants in applying for benefits when benefits are not current or have not been obtained.
E. The CONTRACTOR shall charge all covered Medicaid services provided to Medicaid-eligible participants as a Medicaid expenditure through the appropriate Medicaid billing system.
F. Medicaid eligible participants shall not be charged any fees for any treatment services including, but not limited:
Screening/ Assessments Individual counseling sessions
Brief risk intervention therapy Group counseling sessions
Interim services Case management
9. CJTA Eligibility
A. The CONTRACTOR shall provide service encounter data reporting monthly to substantiate the CJTA eligible services whether making any claim for reimbursement from the COUNTY or not.
10. Employee Education Regarding False Claims Recovery
If the CONTRACTOR makes or receives payments under Medicaid of at least $5,000,000 annually the CONTRACTOR shall:
A. Establish written policies for all employees and subcontractors that provide detailed information about the False Claims Act established in section 1902(a) (68) (A) of the Social Security Act.
B. Include detailed information about the CONTRACTOR’s policies and procedures for detecting and preventing waste, fraud, and abuse.
C. Include a specific discussion of the laws described in the written policies in the CONTRACTOR’s employee handbook if there is one. The discussion shall emphasize the right of employees to be protected as whistleblowers and include a specific discussion of the CONTRACTOR’s policies and procedures for detecting and preventing fraud, waste, and abuse.
11. Final Billing
The CONTRACTOR shall ensure that final billing for services provided under this Contract shall occur no more than 45 days after the end of this Contract.
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When terminating the Contract, the COUNTY shall withhold the final payment until all open (admitted for treatment services) cases in AVATAR have been discharged from the system by the CONTRACTOR and all claims for payment have been submitted.
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Exhibit C- Specific Terms Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to, the performance of work as set forth below. 1. Definitions “American Society of Addiction Medicine (ASAM)” means the six dimensions to identify the intensity of treatment services that best fits the individual’s needs and provides a common language of holistic, biopsychosocial assessment, and treatment across addiction treatment, physical health, and mental health services, which also addresses the spiritual issues relevant in recovery. “Case Management” or “Case Management Services” means services provided by a Substance Use Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT) licensed by the Washington Department of Health, or a person under the direct clinical supervision of a SUDP, to individuals assessed as needing treatment and admitted into treatment. Services are provided to assist clients in gaining access to needed medical, social, educational, and other services. Services include case planning, case consultation and referral, and other support services for the purpose of engaging and retaining or maintaining clients in treatment. “Continuity of Care” means the provision of continuous care for chronic or acute medical and behavioral health conditions to maintain care that has started or been authorized to start as the Individual transitions between: facility to home; facility to another facility; providers or service areas; managed care contractors; and Medicaid fee-for-service and managed care arrangements. Continuity of Care occurs in a manner that prevents secondary illness, health care complications, or re-hospitalization; and promotes optimum health recovery. “County Match” means that jurisdictions must match, on a dollar-for-dollar basis, state moneys allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the state may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts (RCW 2.30.040). “Criminal Justice Treatment Account (CJTA)” means the account created by Washington State Legislature that may be expended solely for: substance use disorder treatment and treatment support services for individuals with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington State (RCW 71.24.580). “CJTA Plan” or “Plan” means the plan that is developed by the county human services or behavioral health services department, county prosecutor, county sheriff, county superior court, a substance use disorder treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court (RCW 71.24.580(6)). The plan shall be approved by the county legislative authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of this section, for disposition of all the funds provided from the CJTA within that county.
Exhibit C – Specific Terms 1
“Culturally and Linguistically Appropriate Services (CLAS)” means the national standards in health and health care intended to advance health equity, improve quality, and eliminate health disparities by establishing a blueprint for health and health care organizations. “Division of Behavioral Health and Recovery” or “DBHR” means the Health Care Authority’s Division of Behavioral Health and Recovery, and its employees and authorized agents.
“Drug Court” means a court utilizing a program structured to achieve both a reduction in criminal recidivism and an increase in the likelihood of rehabilitation through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). “Evidence-based Practice” or “EBP” means a prevention or treatment service or practice that has been validated by some form of documented research evidence and is appropriate for use with individuals with a substance use disorder that are involved in the criminal justice system. EBP also means a program or practice that has been tested where the weight of the evidence from review demonstrates sustained improvements in at least one outcome, and/or a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost beneficial. “Individual” means any person in the criminal justice system who’s in need of behavioral health services, regardless of income, ability to pay, insurance status or county of residence. “Medication Assisted Treatment (MAT)” or “Medications for Opioid Use Disorder (MOUD)” both mean the use of FDA-approved opioid agonist medications (e.g., methadone, buprenorphine products including buprenorphine/naloxone combination formulations and buprenorphine mono- product formulations) for the treatment of opioid use disorder and the use of opioid antagonist medication (e.g. naltrexone products including extended-release and oral formulations) to prevent relapse to opioid use. “Outreach” or “Community Outreach” means identification of hard-to-reach Individuals with a possible SUD and engagement of these individuals in assessment and ongoing treatment services as necessary. “Research-based” means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence-based (RCW 2.30.020). “Recovery Support Services (RSS)” means services that are intended to promote an individual’s socialization, recovery, self-advocacy, development of natural support, and maintenance of community living skills. RSS include, but are not limited to, the following services: Supported employment services, supportive housing services, peer support services, wraparound facilitation services, and any other services that are conducive to an individual’s recovery in a Substance Use Disorder (SUD) Program (WAC 246-341-0718). “Substance Use Disorder (SUD)” means a problematic pattern of using alcohol or another substance that results in the impairment in daily life or noticeable distress; and, whereby the
Exhibit C – Specific Terms 2 individual continues use despite leading to clinically significant impairment or distress as categorized in the DSM-5. “Substance Use Disorder Professional (SUDP)” means an individual who is certified according to RCW 18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD services. “Substance Use Disorder Professional Trainee (SUDPT)” means an individual working toward the education and experience requirements for certification as a chemical dependency professional, and who has been credentialed as a CDPT “Therapeutic Courts” means a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out-of-home placements of children, termination of parental rights, and substance use and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020).
"Treatment" means services that are critical to a participant's successful completion of his or her substance use disorder treatment program, including but not limited to the recovery support and other programmatic elements outlined in- Chapter 246-341 WAC. "Treatment Support" means services such as transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions. “Washington State Jail” or “Jail” means any city, county, regional, or tribal jail operating in the state of Washington. 2. Purpose Contractor will provide treatment and recovery support services, funded by Criminal Justice Treatment Account funds, to individuals involved in the criminal justice system in accordance with RCW 71.24.580. a. Per RCW 71.24.580(5)(a), the Contractor will participate in the local CJTA Panel for purpose of developing an amendment to the county or region’s strategic plans for the utilization of funding through the CJTA. This will allow the Contractor, in concert with the local CJTA Panel, to collectively determine how to best use the supplemental funding in the context of the proviso. b. Contractor will work with the local CJTA Panel to update their CJTA Plan referenced in Exhibit A, Statement of Work to account for how the supplemental appropriation will be utilized at their county and/or regional level. At a minimum, thirty percent (30%) of all CJTA funds, allocated in this contract, including State Drug Court and State Fiscal Year 2021 supplemental funding, are to be dedicated to special projects that meet any or all of the following conditions: i. An acknowledged best practice (or treatment strategy) that can be documented in published research (i.e., Moral Reconation Therapy MRT);
Exhibit C – Specific Terms 3
ii. An approach utilizing either traditional or best practice approaches to treat significant underserved population(s) and populations who are disproportionately affected by the criminal justice system.
3. CJTA Funding – Allowable Services a. Outpatient Treatment (ASAM Level 1); b. Intensive Outpatient Treatment (ASAM Level 2.1) c. Case Management (ASAM Level 1.2); d. Assessment (to include Assessments done while in jail); e. Interim Services;
4. Data Reporting Requirements a. The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and related data systems to oversee all data interfaces and support the specific reporting requirements under Contract. b. The Contractor shall ensure the capacity to report programmatic and have the capacity to submit all HCA required data to enable the Contractor to meet the requirements under the Contract. c. There are two quarterly reports that the Contractor will be responsible for submitting information to: The Quarterly Progress Report (QPR), and the Programmatic Treatment Report (PTR). A copy of the QPR template is contained in Exhibit G of this Contract. Exhibit G may be amended by the County to reflect updated templates during the term of this Contract. A copy of the PTR template is contained in Exhibit F of this Contract; the PTR will be stored on the COUNTY’s OneDrive. Exhibit F may be amended by the County to reflect updated templates during the term of this Contract. d. The Contractor will be responsible for submitting the data necessary to complete the CJTA (QPR). The COUNTY will provide the Contractor with a template form that will report on the following program elements: i. Number of individuals served under CJTA funding for that time period; ii. Barriers to providing services to the Criminal Justice Population; iii. Strategies to overcome the identified barriers; iv. Training and Technical assistance needs; v. Success stories or narratives from individuals receiving CJTA services; and vi. If a Therapeutic Court receives CJTA funded services, the number of admissions of individuals into the program who were either already on
Exhibit C – Specific Terms 4
Medication for Opioid Use Disorder (MOUD), referred to MOUD, or were provided information regarding MOUD. e. The Contractor is responsible for submitting the PTR each quarter through a Secure File Transfer (SFT). The COUNTY will provide the Contractor with an excel workbook template that will capture a variety of demographic and programmatic data that supports the services being provided by the state appropriations. In addition, this process will include the following: i. The Contractor will ensure they have the bandwidth to complete all data elements requested in the PTR. ii. The COUNTY may allow the Contractor to do all data entry but the PTR must be submitted into the Behavioral Health Data System (BHDS) by the COUNTY through the established Secure File Transfer procedure within 45 days of the end of each State Fiscal Quarter. The Contractor may request an extension of this requirement during the first Contract term. Files submitted must conform to the following naming convention:
Exhibit C – Specific Terms 5
BUSINESS ASSOCIATE AGREEMENT ADDENDUM
THIS BUSINESS ASSOCIATE AGREEMENT (the "Addendum") is effective this 1st day of July 2020 (the "Effective Date") between Thurston County ("Covered Entity"), and Pierce County Alliance ("Business Associate").
RECITALS
WHEREAS, Covered Entity and Business Associate are parties entering into a contract dated July1st, 2020 and incorporated herein by reference (the "Underlying Agreement") pursuant to which Business Associate will provide substance use disorder treatment services and such services involve the use and disclosure of Individually Identifiable Health Information that is subject to protection under HIPAA and the HIPAA Rules (all as hereinafter defined); and
WHEREAS, Business Associate has created and maintains security safeguards for the protection from unlawful disclosure of Protected Health Information (as hereinafter defined); and
WHEREAS, Covered Entity and Business Associate desire compliance with the Standards for Privacy of Individually Identifiable Health Information set forth under the HIPAA and the HIPAA Privacy Rule;
NOW, THEREFORE, for and in consideration of the recitals above and the mutual covenants and conditions herein contained, Covered Entity and Business Associate enter into the following Addendum to provide a full statement of their respective responsibilities as more fully described below:
ARTICLE 1 DEFINITIONS
Definitions. Unless otherwise provided herein terms used shall have the same meaning as set forth in HIPAA and the HIPAA Rules.
1.1 “Addendum” means this Business Associate Agreement Addendum.
1.2 “Business Associate” as used in this Addendum means the Business Associate named in this Addendum and generally has the same meaning as the term “business associate” at 45 C.F.R. § 160.103. Any reference to Business Associate in this Addendum includes Business Associate’s employees, agents, officers, subcontractors, volunteers, or directors.
1.3 “C.F.R.” means and refers to the Code of Federal Regulations.
1.4 “Covered Entity” means Thurston County, a Covered Entity as defined at 45 C.F.R. § 160.103, in its conduct of covered functions by its health care components.
1.5 “Designated Record Set” means a group of records maintained by or for a Covered Entity that is: the medical records 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 in part, by or for the Covered Entity to make decisions about Individuals.
1.6 “Electronic Protected Health Information” or “EPHI” means Protected Health Information that is transmitted by electronic media or maintained in electronic media.
1.7 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Pub.L. No. 104-191, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted
Business Associate Agreement Addendum - Revised 4-23-14 Page 1 of 8 as Title XIII of The American Recovery and Reinvestment Act of 2009, H.R. 1, Pub.L. 111-5 (February 17, 2009), as amended or superseded, and any current and future regulations promulgated under HIPAA. 1.8 “HIPAA Rules” means the Privacy, Security, Enforcement, and Breach Notification Rules at 45 C.F.R. Part 160 and Part 164, in effect or as amended.
1.9 “Individual” means the person who is the subject of Protected Health Information and includes a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g).
1.10 "Material Alteration" means any addition, deletion or change to the PHI of any subject other than the addition of indexing, coding and other administrative identifiers for the purpose of facilitating the identification or processing of such information.
1.11 “Privacy Rule” means the Privacy Standards at 45 C.F.R. Part 164, Subpart E, in effect or as amended.
1.12 “Protected Health Information” or “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 C.F.R. § 160.103. PHI includes demographic information that identifies the Individual or about which there is reasonable basis to believe can be used to identify the Individual. 45 C.F.R. § 160.103. PHI is information transmitted or held in any form or medium and includes Electronic Protected Health Information. 45 C.F.R. § 160.103. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USCA 1232g (a)(4)(B)(iv) or employment records held by a Covered Entity in its role as employer.
1.13 “Security Rule” means the Security Standards at 45 C.F.R. Part 164, Subparts A and C, in effect or as amended.
1.14 “Subcontractor” as used in this Addendum means a Business Associate that creates, receives, maintains, or transmits Protected Health Information on behalf of another Business Associate.
1.15 "Underlying Agreement" means treatment services contract and all accompanying documents.
ARTICLE 2 SCOPE OF USE OF PHI
2.1 Services. Except as otherwise specified herein, the Business Associate may use PHI solely to perform its duties as set forth in the Underlying Agreement. Except as otherwise limited in this Addendum, Business Associate may use and disclose PHI for the proper management and administration of the Business Associate, to carry out the legal responsibilities of the Business Associate and to provide any data aggregation services pursuant to the Underlying Agreement.
2.1.1 Business Associate may disclose PHI for the purposes pursuant to the Underlying Agreement only to its employees, subcontractors and agents, in accordance with Section 2.3.4 as directed by the Covered Entity.
2.1.2 Except as otherwise limited in this Addendum, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that such disclosures are required by law or Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that the PHI will remain confidential and used or further disclosed only as required by law or for the purpose for which the PHI was disclosed to the person, the person implements reasonable and appropriate security measures to protect the PHI, and the person notifies the Business Associate of any instances of which it is aware where the confidentiality of the PHI has been breached.
Business Associate Agreement Addendum - Revised 4-23-14 Page 2 of 8 2.2 Breach or Misuse of PHI. Business Associate recognizes that any breach of confidentiality or misuse of information found in and/or obtained from records may result in the termination of the Underlying Agreement and this Addendum and/or legal action. Unauthorized disclosure of PHI may give rise to irreparable injury to the Individual or to the owner of such information, and the Individual or owner of such information may seek legal remedies against Business Associate.
2.3 Responsibilities of Business Associate. With regard to its use and/or disclosure of PHI, the Business Associate hereby agrees to do the following:
2.3.1 Use and/or disclose PHI only as permitted or required by this Addendum, HIPAA and HIPAA Rules, or as otherwise permitted or required by law. Business Associate agrees that it will not use or disclose PHI in any manner that violates federal law, including but not limited to HIPAA and any regulations enacted pursuant to its provisions, or applicable provisions of Washington State law. The Business Associate agrees that it is subject to and directly responsible for full compliance with the Privacy Rule that applies to the Business Associate to the same extent as the Covered Entity.
2.3.2 Use commercially reasonable efforts to maintain the security of the PHI and to prevent unauthorized use and/or disclosure of such PHI, including, but not limited to the following:
Any files on location at the agency must be kept in locked cabinets. Any client information transported must be kept from unauthorized access at all times.
In addition, the Business Associate agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of all Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Covered Entity in accordance with 45 C.F.R. Part 164, subpart C for as long as the PHI is within its possession and control, even after the termination or expiration of this Addendum. The Business Associate agrees that it is subject to and directly responsible for full compliance with the HIPAA Security Rule that applies to Business Associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 C.F.R., to the same extent as the Covered Entity.
2.3.3 Business Associate shall apply the HIPAA Minimum Necessary standard to any use or disclosure of PHI necessary to achieve the purposes of the Underlying Agreement. See 45 C.F.R. 164.514(d)(2) through (d)(5).
2.3.4 Require all of its employees, representatives, subcontractors and agents that create, receive, maintain, or transmit PHI or use or have access to PHI under the Underlying Agreement to agree in writing to adhere to the same restrictions and conditions on the use and/or disclosure of PHI that apply herein, including the obligation to return or destroy the PHI if feasible, as provided under Sections 5.4 and 5.5 of this Addendum.
2.3.5 Promptly report to the designated privacy officer of the Covered Entity, any use and/or disclosure of the PHI that is not permitted or required by this Addendum by telephoning the privacy officer within twenty-four (24) hours of becoming aware of it, and providing a written report of the unauthorized disclosure within five (5) business days.
The name and contact information for the Covered Entity's privacy officer is as follows:
Contact Officer: Tammy Devlin Telephone: (360) 786-5498 E-mail: [email protected] Address: 929 Lakeridge Drive SW, Building 4, Room 202 Olympia, WA 98502
Business Associate Agreement Addendum - Revised 4-23-14 Page 3 of 8 2.3.6 Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Addendum or the law.
2.3.7 Within twenty-four (24) hours of the discovery of a breach as defined at 45 C.F.R. § 164.402 notify the Covered Entity’s privacy officer of any breach of unsecured PHI and take actions as may be necessary to identify, mitigate and remediate the cause of the breach. A breach shall be treated as discovered by the Business Associate in accordance with the terms of 45 C.F.R. § 164.410. The notification shall include the following information which shall be updated promptly and provided to the Covered Entity as requested by the Covered Entity:
a. the identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been accessed, acquired, used, or disclosed during such breach;
b. a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known;
c. a description of the types of unsecured PHI that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved);
d. any steps individuals should take to protect themselves from potential harm resulting from the breach;
e. a brief description of what the Business Associate is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches;
f. contact procedures of the Business Associate for individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, web site, or postal address; and
g. any other information required to be provided to the individual by the Covered Entity pursuant to 45 C.F.R. § 164.404, as amended.
To the extent the Covered Entity deems warranted, the Covered Entity may provide notice or may require Business Associate to provide notice at Business Associate’s expense to any or all individuals whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, used, or disclosed as a result of such breach. In such case, the Business Associate shall consult with the Covered Entity regarding appropriate steps required to notify third parties. The Business Associate shall reimburse the Covered Entity, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured PHI by the Business Associate.
2.4 Covered Entity Obligations. With regard to the use and/or disclosure of PHI by the Business Associate, the Covered Entity hereby agrees to:
2.4.1 Provide the Business Associate a copy of the notice of privacy practices that the Covered Entity provides to Individuals pursuant to 45 C.F.R. § 164.520 by attaching it to this Addendum (Attachment A), and inform the Business Associate of any changes in the form of the notice;
2.4.2 Inform the Business Associate of any changes in, or withdrawal of, the authorization provided to the Covered Entity by Individuals whose PHI may be used and/or disclosed by Business Associate under the Underlying Agreement pursuant to 45 C.F.R. § 164.508; and
Business Associate Agreement Addendum - Revised 4-23-14 Page 4 of 8
2.4.3 Notify the Business Associate, in writing and in a timely manner, of any restrictions on the use and/or disclosure of PHI agreed to by the Covered Entity in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI.
ARTICLE 3 AMENDMENT OF PHI
3.1 Amendments by Business Associate. Should Business Associate make any Material Alteration to PHI, Business Associate shall provide Covered Entity with notice of each Material Alteration to any PHI and shall promptly cooperate with Covered Entity in responding to any request made by any subject of such information to Covered Entity to inspect and/or copy such information. Business Associate shall not deny Covered Entity access to any such information if, in Covered Entity's sole discretion, such information must be made available to the subject seeking access to it. To the extent that Business Associate maintains PHI in a Designated Record Set, Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 C.F.R. § 164.526 within twenty (20) days of the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity.
3.2 Amendments Requested by Covered Entity. Business Associate shall promptly incorporate all amendments or corrections to PHI when notified by Covered Entity that such information is inaccurate or incomplete.
ARTICLE 4 AVAILABILITY, ACCOUNTING OF DISCLOSURES, AUDITS AND INSPECTIONS
4.1 Availability of PHI. To the extent Business Associate maintains PHI in a Designated Record Set, Business Associate agrees to make PHI available to Covered Entity or, as directed by Covered Entity, to an Individual, within twenty (20) days of the request of the Covered Entity and in the manner designated by Covered Entity in accordance with 45 C.F.R. § 164.524.
4.2 Accounting of Disclosures. Business Associate agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528. Business Associate will provide such accounting of disclosures to Covered Entity as soon as possible, but at least twenty (20) days from request by Covered Entity. Each accounting shall provide (i) the date of each disclosure; (ii) the name and address of the organization or person who received the PHI; (iii) a brief description of the PHI disclosed; and (iv) the purpose for which the PHI was disclosed, including the basis for such disclosure, or a copy of a written request for disclosure under §§ 164.502(a)(2)(ii) or 164.512. Business Associate shall maintain a process to provide the accounting of disclosures for as long as Business Associate maintains PHI received from or on behalf of Covered Entity.
4.3 Access to Department of Health and Human Services. Business Associate shall make its facilities, internal practices, books, records, documents, electronic data and all other business information relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity available to the Secretary of the Department of Health and Human Services, governmental officers and agencies within five (5) business days of written request by the Covered Entity for the purpose of determining compliance with HIPAA .
4.4 Access to Covered Entity. Upon written request, Business Associate agrees to make its facilities, internal practices, books, records, documents, electronic data and all other business information available to Covered Entity within five (5) business days during normal business hours so that Covered Entity can monitor compliance with this Addendum.
Business Associate Agreement Addendum - Revised 4-23-14 Page 5 of 8 ARTICLE 5 TERM AND TERMINATION
5.1 Term. This Addendum is valid as of the Effective Date and remains effective for the entire term of the Underlying Agreement, or until terminated as set forth herein.
5.2 Termination. This Addendum may be terminated by Covered Entity for convenience upon the same number of days prior written notice to the Business Associate as set out in the Underlying Agreement, otherwise upon thirty (30) days prior written notice. The notice will specify the date of termination.
5.3 Termination for Cause. Covered Entity may immediately terminate this Addendum and the Underlying Agreement without penalty if Covered Entity, in its sole discretion, determines that Business Associate has: (a) improperly used or disclosed PHI in breach of this Addendum; or (b) violated a material provision of this Addendum. Alternatively, the Covered Entity may choose to provide the Business Associate with written notice of the existence of an alleged material breach and a period of fifteen (15) days in which to cure the alleged material breach upon mutually agreeable terms. Failure to cure in the manner set forth in this paragraph is grounds for the immediate termination of this Addendum and the Underlying Agreement.
5.4 Alternative to Termination. If termination is not feasible, the Covered Entity shall report the breach to the Secretary of the Department of Health and Human Services.
5.5 Return/Destruction of PHI. Business Associate agrees that, upon termination of the Underlying Agreement, for whatever reason, it will return or destroy all PHI, if feasible, received from, or created or received by it on behalf of Covered Entity which Business Associate maintains in any form, and retain no copies of such information. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. An authorized representative of Business Associate shall certify in writing to Covered Entity, within five (5) days from the date of termination or other expiration of the Underlying Agreement, that all PHI has been returned or disposed of as provided above and that Business Associate no longer retains any such PHI in any form.
5.6 No Feasible Return/Destruction of PHI. If the return or destruction of PHI is not feasible, Business Associate shall notify Covered Entity of the conditions that make return or destruction infeasible. To the extent that return or destruction of PHI is not feasible, Business Associate shall extend the protections of this Addendum to the PHI retained and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. Business Associate shall remain bound by the provisions of this Addendum notwithstanding termination of the Underlying Agreement, until such time as all PHI has been returned or otherwise destroyed as provided in this section.
ARTICLE 6 INDEMNIFICATION/INSURANCE
6.1 Defense and Indemnification. Business Associate shall defend, indemnify and hold Covered Entity harmless from and against all claims, liabilities, judgments, fines, assessments, penalties, awards or other expenses, of any kind or nature whatsoever, including, without limitation attorney’s fees, expert witness fees, and costs of investigation, litigation, or dispute resolution, relating to or arising out of any breach of this Addendum by Business Associate, its employees, officers, agents, or subcontractors.
6.1.1 Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with the Addendum or HIPAA or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes or that any information in the possession of Business Associate or Business Associate's control, or transmitted or received by Business Associate, is or will be secure from unauthorized use or disclosure; nor shall Covered Entity be liable to Business Associate for any claim, loss or damage relating to the unauthorized use or disclosure of any information received by Business Associate from Covered Entity or from any other source.
Business Associate Agreement Addendum - Revised 4-23-14 Page 6 of 8 Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI.
6.2 Insurance. If Covered Entity requires, Business Associate shall obtain and maintain insurance coverage against improper uses and disclosures of PHI by Business Associate naming Covered Entity as an additional named insured. Promptly following a request by Covered Entity for the maintenance of such insurance coverage, Business Associate shall provide a certificate evidencing such insurance coverage.
ARTICLE 7 MISCELLANEOUS
7.1 Construction. This Addendum shall be construed as broadly as necessary to implement and comply with HIPAA and the HIPAA Rules. The parties agree that any ambiguity in this Addendum shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules.
7.2 Notice. All notices and other communications required or permitted pursuant to this Addendum shall be in writing, addressed to the party at the address set forth in the Underlying Agreement, or to such other address as either party may designate from time to time. All notices and other communications shall be mailed by registered or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery or telegram. All notices shall be effective as of the date of delivery of personal notice or on the date of receipt, whichever is applicable.
7.3 Modification of Addendum. The parties agree to take such action as is necessary to modify this Addendum to ensure consistency with amendments to and changes in the applicable federal and state laws and regulations, including, but not limited to, HIPAA and the HIPAA Rules. This Addendum shall not be waived or altered, in whole or in part, except in writing signed by the parties.
7.4 Invalid Terms. In the event that any provision of the terms and conditions are held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Addendum will remain in full force and effect.
7.5 Transferability. Covered Entity has entered into this Addendum in specific reliance on the expertise and qualifications of Business Associate. Consequently, Business Associate's interest under this Addendum may not be transferred or assigned or assumed by any other person, in whole or part, without the prior written consent of Covered Entity.
7.6 Governing Law and Venue. This Addendum shall be governed by, and interpreted in accordance with the laws of the State of Washington in accordance with HIPAA and the HIPAA Rules without giving effect to the conflict of laws provisions. Thurston County, Washington, shall be the sole and exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought under, or arise out of, this Addendum.
7.7 No Third Party Beneficiaries. Nothing express or implied in this Addendum is intended to confer, nor anything herein shall confer, upon any person other than the parties hereto any rights, remedies, obligations or liabilities whatsoever.
7.8 Binding Effect. This Addendum shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective permitted successors and assigns.
7.9 Execution. This Addendum may be executed in multiple counterparts, each of which shall constitute an original, all of which shall constitute but one agreement.
7.10 Gender and Number. The use of the masculine, feminine or neuter genders, and the use of the singular and plural, shall not be given an effect of any exclusion or limitation herein. The use of the word "person" or "party" shall mean and include any individual, trust, corporation, partnership or other entity.
Business Associate Agreement Addendum - Revised 4-23-14 Page 7 of 8
7.11 Priority of Agreements. If any portion of the Addendum is inconsistent with the terms of the Underlying Agreement, the terms of this Addendum shall prevail. Except as set forth above, the remaining provisions of the Underlying Agreement are ratified in their entirety.
7.12 Survival. The obligations of Business Associate shall survive the termination of this Addendum and the Underlying Agreement.
7.13 Recitals. The preamble to this Addendum is not a mere recital of facts, but consists of binding agreed upon statements that form the basis of this Addendum.
IN WITNESS WHEREOF, the parties hereto have signed this Addendum effective the day and year first above written.
BUSINESS ASSOCIATE: COVERED ENTITY: THURSTON COUNTY
Signature (Authorized Representative) Signature
Printed Name Printed Name
Title Title
Date Date
Business Associate Agreement Addendum - Revised 4-23-14 Page 8 of 8 ATTACHMENT A NOTICE OF PRIVACY PRACTICES This notice describes how medical information about you may be used and disclosed and how you can get access to this information. PLEASE REVIEW IT CAREFULLY. OUR LEGAL DUTY Thurston County is required by law to maintain the privacy of your protected health information. We are also required to give you this Notice about our privacy practices, our legal duties, and your rights concerning your protected health information. We are required to notify you following a breach of your unsecured protected health information. We must follow the privacy practices that are described in this Notice currently in effect. Before we make a significant change in our privacy practices, we will change this Notice and make the new Notice available upon request. We reserve the right to change our privacy practices and the terms of this Notice at any time. Changes will be available from the County office that provides your service. Any changes in our privacy practices and the new terms of our Notice will be effective for all protected health information that we maintain, including protected health information we created or received before we made the changes. You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.
USES AND DISCLOSURES OF HEALTH INFORMATION The following categories describe the ways that we may use and disclose your health information: For treatment: We may use or disclose your health information to a physician or other healthcare provider providing treatment to you. For example, if we refer you to a physician for a service that we cannot provide, your health information will be disclosed to that office.
For payment: We may use and disclose your health information to obtain payment for services we provide to you or to coordinate your medical benefits. For example, if an insurance company pays for your service, it may be necessary to disclose your health information to that company. For healthcare operations: We may use and disclose your health information in connection with our healthcare operations. Healthcare operations include quality assessment and improvement activities, reviewing the competence or qualifications of healthcare professionals, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities.
To provide appointment reminders: We may disclose limited health information to provide you with appointment reminders such as voicemail messages, postcards, or letters.
To persons involved in your care: We may use or disclose health information to notify or assist in the notification of a family member or personal representative of your location, your general condition, or death. If you are present, then we will provide you with an opportunity to object to such uses or disclosures before they are made. In the event of your incapacity or emergency circumstances, we may disclose information that is directly relevant to the person’s involvement in your healthcare, if we determine that it is in your best interest to do so.
As required by law: We may disclose your health information when we are required to do so by federal, state or local law.
Business Associates: We may disclose health information to third party “business associates” who perform various activities involving your health information (e.g., claims payment or case management services) for the County. The County will implement written contracts to ensure the business associates will appropriately safeguard the information and to limit the use or disclosure of health information.
For public health activities: We may use and disclose medical information about you for public health activities, including to report births and deaths, and notify appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect, or domestic violence or other crimes.
Notice of Privacy Practices Revised Effective 4-29-14 Page 1 of 3 For public safety: We may disclose your health information to the extent necessary to avert a serious threat to your health or safety or the health or safety of others.
For health oversight activities: We may disclose health information to a health oversight agency for activities authorized by law.
For judicial and administrative proceedings: We may disclose health information about you in response to a court or administrative order. We may disclose health information in response to a subpoena, discovery request, or other lawful process, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
For law enforcement purposes: We may disclose health information to law enforcement officials when certain conditions are met.
To coroners, medical examiners and funeral directors: We may disclose health information to coroners, medical examiners and funeral directors as authorized by law.
For workers’ compensation: We may release health information about you for workers’ compensation or similar programs.
For national security and similar government functions: We may disclose to military authorities the health information of Armed Forces personnel under certain circumstances. We may disclose to authorized federal officials, health information required for lawful intelligence, counterintelligence, and other national security activities.
To correctional institutions or law enforcement officials: If you are an inmate of a correctional institution or under custody of a law enforcement official, we may disclose information about you to the institution or official under certain circumstances.
For organ and tissue donation: If you are an organ donor, we may release health information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank as necessary.
Research: We may disclose information to researchers when their research has been approved by an Institutional Review Board that has reviewed the research protocol and determined that adequate safeguards exist to ensure the privacy of your health information.
With your authorization: Other uses and disclosures of health information not covered by this notice or the laws that apply to us will be made only with your written authorization. Unless otherwise allowed by law, your written authorization is required before use or disclosure of psychotherapy notes or use or disclosure of protected health information for marketing purposes or disclosure for the sale of health information. (Thurston County does not market or sell health information in any event.) If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect.
Specially Protected Types of Health Information: Some types of health information have greater protection under Washington State or federal laws. When required by law we will obtain your authorization before releasing HIV-related and sexually transmitted disease information that is protected by Washington State laws; alcohol and substance abuse treatment information that is protected under both Washington State and federal laws; and mental health treatment information that is protected under both Washington State and federal laws.
YOUR RIGHTS
Access: You have the right to look at and get copies of your protected health information, with limited exceptions. You may make your request for access to your medical records orally or in writing by using forms we provide or sending us a letter to the address at the end of this Notice. If you request copies, we will charge you $0.50 for each page plus postage if you want the copies mailed to you. We may deny your request in certain very limited circumstances. If you are denied access to your protected health information, you may request that the denial be
Notice of Privacy Practices Revised Effective 4-29-14 Page 2 of 3 reviewed. Another licensed health care professional not directly involved in the decision to deny your request will review your request and the denial. We will abide by the outcome of the review.
Disclosure accounting: You have the right to receive a list of disclosures we or our business associates made of your protected health information for purposes other than treatment, payment, healthcare operations and certain other activities for a period of time up to six years prior to the date of the accounting request, but not including dates before April 14, 2003. You must make this request in writing to our Contact Officer. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for providing the list.
Request restrictions: You have the right to request that we restrict how we use or disclose your protected health information for treatment, payment, or health care operations or the disclosures we make to someone who is involved in your care or the payment for your care, such as a family member, other relative, or friend. We are not required to agree to your request, unless you are asking us to restrict the use and disclosure of your protected health information to a health plan for payment or health care operations and the information you seek to restrict pertains solely to a health care item or service for which you have paid the health care provider out-of-pocket in full.
Confidential communication: You have the right to request that we communicate with you about your protected health information by alternative means or at alternative locations. You must make your request in writing to the Contact Officer and may use forms we provide. Your request must specify the alternative means or location, and provide satisfactory explanation of how payments will be handled under the alternative means or location you request.
Amendment: You have the right to request that we amend your protected health information. Your request must be in writing, and it must give a reason for your request. We may deny your request if you ask us to amend information that was not created by us, is not part of the information kept by the County, is not part of the information you would be permitted to inspect and copy, or is accurate and complete. Any denial will be in writing and state the reason for the denial.
Paper Copy: You have the right to get a paper copy of this Notice if you request it, even if you have agreed to receive the Notice electronically.
QUESTIONS AND COMPLAINTS
If you want more information about our privacy practices or have questions or concerns, please contact us.
If you are concerned that we may have violated your privacy rights or if you disagree with a decision we made about use or disclosure of your protected health information, you may complain to us using the contact information listed here. You also may submit a written complaint with the Secretary of the U.S. Department of Health and Human Services. You will not be retaliated against for filing a complaint.
Contact Officer: Tammy Devlin Telephone: (360)786-5498 E-mail: [email protected] Address: 929 Lakeridge Drive SW, Building 4, Room 202 Olympia, WA 98502
Notice of Privacy Practices Revised Effective 4-29-14 Page 3 of 3 Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS
1. Definitions
“Authorized User” means an individual or individuals with an authorized business need to access HCA’s Confidential Information under this Contract.
“Client” means an individual who is eligible for or receiving Medicaid services.
“Data” means the information that is disclosed or exchanged as described by this Contract. For purposes of this Contract, Data means the same as “Confidential Information.”
“Disclosure” means the release, transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information.
“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, address, telephone numbers, social security numbers, driver’s license numbers, credit card numbers, any other identifying numbers, and any financial identifiers.
“ProviderOne” means the Medicaid Management Information System (MMIS), which is the State’s Medicaid payment system managed by HCA.
“Regulation” means any federal, state, or local regulation, rule, or ordinance. “Use” includes the sharing, employment, application, utilization, examination, or analysis of Data.
2. Description of Data
2.1. Contractor will collect the Data necessary for the CJTA Programmatic Treatment Report, a copy of which is attached hereto and incorporated herein as Exhibit F. The Data will be submitted directly into the PTR stored in the COUNTY’s OneDrive for access by the COUNTY.
3. Data Classification The State classifies data into categories based on the sensitivity of the data pursuant to the Security policy and standards promulgated by the Office of the state of Washington Chief Information Officer. (See Section 4, Data Security, of Securing IT Assets Standards No. 141.10 in the State Technology Manual at https://ocio.wa.gov/policy/securing-information-technology- assets. Section 4 is hereby incorporated by reference.) The Data that is the subject of this Contract may be in any of the Categories indicated below:
☐ Category 1 – Public Information Public information is information that can be or currently is released to the public. It does not need protection from unauthorized disclosure but does need integrity and availability protection controls.
Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS 1
☐ Category 2 – Sensitive Information Sensitive information may not be specifically protected from disclosure by law and is for official use only. Sensitive information is generally not released to the public unless specifically requested.
☐ Category 3 – Confidential Information Confidential information is information that is specifically protected from disclosure by law. It may include but is not limited to:
telecommunications systems;
☒ Category 4 – Confidential Information Requiring Special Handling. Category 4 Data is information that is specifically protected from disclosure and for which:
or agreements;
health and safety, or legal sanctions.
4. Constraints on Use of Data
4.1. The Data being shared/accessed is owned and belongs to HCA.
4.2. This Contract does not constitute a release of the Data for the Contractor’s discretionary use. Contractor must use the Data received or accessed under this Contract only to carry out the purpose of this Contract. Any analyses, use, or reporting that is not within the Purpose of this Contract is not permitted without HCA’s prior written consent.
4.3. Data collected and shared under this Contract includes data protected by 42 C.F.R. Part 2. In accordance with 42 C.F.R. § 2.32, this Data has been disclosed from records protected by federal confidentiality rules (42 C.F.R. Part 2). The federal rules prohibit Receiving Party from making any further disclosure of the Data that identifies a patient as having or having had a substance use disorder either directly, by reference to publicly available information, or through verification of such identification by another person unless further disclosure is expressly permitted by the written consent of the individual whose information is being disclosed or as otherwise permitted by 42 C.F.R. Part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose (42 C.F.R. § 2.31). The federal rules restrict any use of the SUD Data to investigate or prosecute with regard to a crime any patient with a substance use disorder, except as provided at 42 C.F.R. § 2.12(c)(5) and § 2.65.
4.4. Any disclosure of Data contrary to this Contract is unauthorized and is subject to penalties identified in law.
5. Security of Data
Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS 2
5.1. Data Protection The Contractor must protect and maintain all Confidential Information gained by reason of this Contract, information that is defined as confidential under state or federal law or regulation, or Data that HCA has identified as confidential, 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: i. Allowing access only to staff that have an authorized business requirement to view the Confidential Information; and ii. Physically securing any computer, documents, or other media containing the Confidential Information.
5.2. Data Security Standards Contractor must comply with the Data Security Requirements set out in Attachment 1, Confidential Information Security Requirements, and the Washington OCIO Security Standard, 141.10, which will include any successor, amended, or replacement regulation (https://ocio.wa.gov/policy/securing-information-technology-assets.) The Security Standard 141.10 is hereby incorporated by reference into this Contract.
5.3. Data Disposition For the purposes of this section “fiscal year” is from July 1 to June 30. Upon request by HCA, at the end of the Contract term, when no longer needed, or 6 years after the end of the fiscal year in which the Data is received, Confidential Information/Data must be returned to HCA or disposed of as set out in Attachment 1, Confidential Information Security Requirements, except as required to be maintained for compliance or accounting purposes.
6. Data Confidentiality and Non-Disclosure
6.1. Data Confidentiality The Contractor will not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with the purpose of this Contract, except:
who is the subject of the Confidential Information.
6.2. Non-Disclosure of Data The Contractor must ensure that all employees or Subcontractors who will have access to the Data described in this Contract (including both employees who will use the Data and IT support staff) are instructed and made aware of the use restrictions and protection requirements of this Contract before gaining access to the Data identified herein. The Contractor will also instruct and make any new employee aware of the use restrictions and protection requirements of this Contract before they gain access to the Data. HCA Contract No. K3971-01 Page 3 of 19
Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS 3
The Contractor will ensure that each employee or Subcontractor who will access the Data signs the User Agreement on Non-Disclosure of Confidential Information, Exhibit B hereto. The Contractor will retain the signed copy of the User Agreement on Non-Disclosure of Confidential Information in each employee’s personnel file for a minimum of six years from the date the employee’s access to the Data ends. The documentation must be available to HCA upon request.
6.3. Penalties for Unauthorized Disclosure of Data State laws (including RCW 74.04.060 and RCW 70.02.020) and federal regulations (including HIPAA Privacy and Security Rules, 45 CFR Part 160 and Part 164; Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR, Part 2; and Safeguarding Information on Applicants and Beneficiaries, 42 CFR Part 431, Subpart F) prohibit unauthorized access, use, or disclosure of Confidential Information. The Contractor must comply with all applicable federal laws and regulations concerning collection, use, and disclosure of Personal Information and PHI. Violation of these laws may result in criminal or civil penalties or fines. The Contractor accepts full responsibility and liability for any noncompliance by itself, its employees, and its Subcontractors with these laws and any violations of the Contract.
7. Data Shared with Subcontractors
7.1 If Data access is to be provided to a Subcontractor under this Contract, the Contractor must include all of the Data security terms, conditions and requirements set forth in this Contract in any such Subcontract. However, no subcontract will terminate the Contractor's responsibility to the County under this contract, and no subcontract will terminate the Contractor’s responsibility to exercise oversight of any functions and/or responsibilities it delegates to any subcontractor.
8. Data Breach Notification
8.1. The Breach or potential compromise of Data must be reported to the HCA Privacy Officer at [email protected] and the Thurston County DUI/Drug Court program within 2 business days of discovery. If the Contractor does not have full details, it will report what information it has, and provide full details within 15 business days of discovery. To the extent possible, these reports must include the following:
8.1.1. The identification of each individual whose PHI has been or may have been improperly accessed, acquired, used, or disclosed;
8.1.2. The nature of the unauthorized use or disclosure, including a brief description of what happened, the date of the event(s), and the date of discovery;
8.1.3. A description of the types of PHI involved;
8.1.4. The investigative and remedial actions the Contractor or its Subcontractor took or will take to prevent and mitigate harmful effects, and protect against recurrence;
8.1.5. Any details necessary for a determination of the potential harm to individuals whose PHI is believed to have been used or disclosed and the steps those individuals should take to protect themselves; and
8.1.6. Any other information HCA reasonably requests. HCA Contract No. K3971-01 Page 4 of 19
Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS 4
Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS 5
8.2. The Contractor must take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or HCA including but not limited to 45 C.F.R. Part 164, Subpart D; RCW 42.56.590; RCW 19.255.010; or WAC 284-04-625.
8.3. If notification of the Breach or possible Breach must, in the judgement of HCA, be made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then:
8.3.1. HCA may choose to make any required notifications to the individuals, to the U.S. Department of Health and Human Services (DHHS) Secretary, and to the media, or direct Contractor to make them or any of them.
8.3.2. In any case, Contractor will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients, such as paying for regular credit watches in some cases.
8.3.3. Contractor will compensate HCA clients for harms caused to them by any Breach or possible Breach.
8.4. Any breach of this clause may result in termination of the Contractor and the demand for return or disposition, as described in Section 5.3, of all Confidential Information.
8.5. Contractor’s obligations regarding Breach notification survive the termination of this Contract and continue for as long as Contractor maintains the Confidential Information and for any Breach or possible Breach at any time.
9. Inspection HCA reserves the right to monitor, audit, or investigate compliance with this Contract in regards to the Personal Information and PHI of Enrollees collected, used, or acquired by Contractor during the term of this Contract and for six (6) years following termination or expiration of this Contract. HCA will have access to Contractor’s records and place of business for this purpose. All HCA representatives conducting onsite audits of Contractor agree to keep confidential any patient-identifiable information which may be reviewed during the course of any site visit or audit.
10. Indemnification for Unauthorized Use or Release The Contractor must indemnify and hold HCA and its employees harmless from any damages related to the Contractor’s or Subcontractor’s unauthorized use or release of Personal Information or PHI of Enrollees.
Exhibit E - DATA USE, SECURITY, AND CONFIDENTIALITY REQUIREMENTS 6
Providers: This Excel spreadsheet file has been provided to you for purposes of capturing and submitting Criminal Justice Treatment Account Data . You will have to manually enter the information onto this spreadsheet and then upload the Workbook on a quarterly basis through the Secure File Transfer process. Further Instructions Found Here: https://www.hca.wa.gov/assets/billers-and-providers/behavioral-health-data-system-data-guide-v3.0.pdf ACTION CLIENT EFFECTIVE County ID FIRST NAME MIDDLE NAME LAST NAME CODE ID DATE ALTERNATE LAST SOCIAL SECURITY HISPANIC PRIMARY BIRTHDATE GENDER RACE(S) NAME NUMBER ORIGIN LANGUAGE SEXUAL SOURCE ORIENTATION TRACKING ID ACTION EFFECTIVE County ID CLIENT ID ADDRESS LINE 1 ADDRESS LINE 2 CODE DATE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CITY COUNTY STATE ZIP CODE SOURCE TRACKING ID 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ACTION CLIENT PROVIDER PROFILE EFFECTIVE County ID EDUCATION EMPLOYMENT CODE ID NPI RECORD KEY DATE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MARITAL SMOKING SCHOOL SELF HELP PARENTING PREGNANT RESIDENCE STATUS STATUS ATTENDANCE COUNT
USED NEEDLE NEEDLE USE MILITARY RECENTLY EVER SERVICE ACTION County ID ClientId ProviderNPI EpisodeRecordKey Referral code 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 BeginDate Discharge Reason EndDate SourceTrackingId ACTION County ID CLIENT ID PROGRAM ID CODE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ENTRY REFERRAL SOURCE PROGRAM START DATE PROGRAM END DATE PROGRAM END REASON ACTION ASAM RECORD County ID CLIENT ID PROVIDER NPI CODE KEY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ASAM ASSESSMENT ASAM Level DATE ACTION Effective County ID ClientId Substance1 FirstUseAge1 FrequencyofUse1 CODE Date 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PeakUse1 Method1 DateLastUsed1 Substance2 FirstUseAge2 FrequencyOfUse2
FrequencyOfUs PeakUse2 Method2 DateLastUsed2 Substance3 FirstUseAge3 PeakUse3 e3
Method3 DateLastUsed3 Source Tracking ID 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PROVIDER EFFECTIVE SCREEN ASSESSMENT ACTION County ID CLIENT ID NPI DATE INDICATOR
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SOURCE TRACKING ID
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SERVICE ACTION CODE County ID CLIENT ID Modality DATE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Urinalysis Type ALL Demographics
ActionCode Generic Generic Gender Hispanic 21-AmericanRace SexualOrientation A-Add Y-Yes 1-Yes 1-Female 000-Hispanic709-Cuban - 31-AsianIndian/ 1-Heterosexual C-Change N-No 2-No 2-Male Specific Origin Indian 3- 40-Black or Gay/Lesbian/Queer/H D-Delete R-RefusedU-Unknown to 4-Refused3-Unknown to 4-Transgender 998-Not722-Mexican of 604-African 4-Bisexual Answer Answer 7-Transgender5-Intersex 799-OtherHispanic Origin Cambodian 5-Questioning female Specific 605-Chinese 9-Choosing not to 8-Transgender 727-Puerto disclose male 999-UnknownRican 660-608-Filipino 97-Unknown 32-NativeGuamanian or 98-Refused Hawaiian 611-Japanese 10-White 612-Korean 801-Middle613-Laotian Eastern 33-Other34-Other Asian Pacific Islander 50-Other Race 999-Unknown
53061-Snohomish 53063-Spokane 53065-Stevens 53067-Thurston 53069-Wahkiakum 53071-Walla Walla 53073-Whatcom 53075-Whitman 53077-Yakima 40050-Unknown or out of state
VA-Virginia WA-Washington WV-West Virginia OT-Other Country County State 1-NoEducation formal 1-FULLEmployment TIME – 53001-Adams AL-Alabama 2-Nurseryschooling 2-PARTworks at TIME least – 53003-Asotin AK-Alaska 3-school, pre- 3-works less 53005-Benton AZ-Arizona Kindergarten, 5-EMPLOYEDUNEMPLOYED – 53007-Chelan AR-Arkansas 4-Grade 1 FULL 53009-Clallam CA-California 5-Grade 2 14-97-Unknown 53011-Clark CO-Colorado 6-Grade 3 HOMEMAKER 53013-Columbia CT-Connecticut 7-Grade 4 24-STUDENT 53015-Cowlitz DE-Delaware 8-Grade 5 34-RETIRED 53017-Douglas DC-District of Columbia 9-Grade 6 64-OTHER44-DISABLED 53019-Ferry FL-Florida 10-Grade 7 74-REPORTED 53021-Franklin GA-Georgia 11-Grade 8 96-NOTSHELTERED/N 53023-Garfield HI-Hawaii 12-Grade 9 98-NOTAPPLICABLE 53025-Grant ID-Idaho 13-Grade 10 COLLECTED 53027-Grays Harbor IL-Illinois 14-Grade 11 53029-Island IN-Indiana 16-High15-Grade School 12 53031-Jefferson IA-Iowa 17-1stDiploma Year or of 53033-King KS-Kansas 18-2ndCollege/Univer Year of 53035-Kitsap KY-Kentucky 19-3rdCollege/Univer Year of 53037-Kittitas LA-Louisiana 20-4thCollege/Univer Year of 53039-Klickitat ME-Maine 21-Bachelor'sCollege 53041-Lewis MD-Maryland 22-GraduateDegree 53043-Lincoln MA-Massachusetts 23-Vocationalor professional 53045-Mason MI-Michigan School – 53047-Okanogan MN-Minnesota 97-Unknown 53049-Pacific MO-Missouri 53051-Pend Oreille MT-Montana 53053-Pierce NE-Nebraska 53055-San Juan NV-Nevada 53057-Skagit NH-New Hampshire 53059-Skamania NJ-New Jersey 53061-Snohomish NM-New Mexico 53063-Spokane NY-New York 53065-Stevens NC-North Carolina 53067-Thurston ND-North Dakota 53069-Wahkiakum OH-Ohio 53071-Walla Walla OK-Oklahoma 53073-Whatcom OR-Oregon 53075-Whitman PA-Pennsylvania 53077-Yakima PR-Puerto Rico 40050-Unknown or out of state RI-Rhode Island SC-South Carolina SD-South Dakota TN-Tennessee TX-Texas UT-Utah VT-Vermont VA-Virginia WA-Washington WV-West Virginia OT-Other Country Marital Smoking Residence SelfHelp 1-Single or Never married1-Current smoker 1-Homeless without housing 1-No attendance 2-Now married or Committed2-Former Relationship smoker 2-Foster Home/ Foster Care 2-Less than once a week 3-Separated 3-Never smoked 3-Residential Care 3-About once a week 4-Divorced 97-Unknown 4-Crisis Residence 4-2 to 3 times per week 5-Widowed 98-Refused to answer 5-Institutional Setting 5-At least 4 times a week 97-Unknown 6-Jail/ Correctional Facility 97-Unknown 7-Private Residence 6-Not Collected 8-Independent Living 9-Dependent Living 10-Private Residence 11-Other Residential Status 12-Homeless with housing 97-Unknown
NeedleUseEve r 2-1-Continuously Intermittently 3-Rarely 4-Never 98-Refused97-Unknown to answer Service Episode End Reason Service Referral Source 1-Treatment Completed 1-Self / Family 2-Left against advice, including dropout2-Substance Use Disorder Provider 3-Terminated by facility 3-Mental Health Provider 4-Transferred to another SA treatment4-Other or Healthcare Mental Health Provider program 5-Incarcerated 5-Self Help Group 6-Death by Suicide 6-School 7-Death NOT by Suicide 7-Employer 8-Other 8-Court / Criminal Justice 9-Lost to Contact 9-Other Community Referral 10-Administrative Closure 97-Unknown
45-SOBERING SERVICES 40-WITHDRAWAL MANAGEMENT 47-URINALYSIS
53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima Entry Referral Program ID Source 34-CJTA (DC): 1-Self / Family 35-CJTA (NDC): 2-Substance Use Disorder Provider 3-Mental Health Provider 4-Other Healthcare Provider 5-Self Help Group 6-School 7-Employer 8-Court / Criminal Justice 9-Other Community Referral 97-Unknown
45-SOBERING SERVICES 40-WITHDRAWAL MANAGEMENT 47-URINALYSIS
53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima Program End Reason 1-Treatment Completed 2-Left against advice, including dropout 3-Terminated by facility 4-Transferred to another SA treatment or Mental Health program 5-Incarcerated 6-Death by Suicide 7-Death NOT by Suicide 8-Other 9-Lost to Contact 10-Administrative Closure
45-SOBERING SERVICES 40-WITHDRAWAL MANAGEMENT 47-URINALYSIS
53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima COOIndicator Co-Occurring Disorder Quadrant Assessment GAIN-SS Screening Both
45-SOBERING SERVICES 40-WITHDRAWAL MANAGEMENT 47-URINALYSIS
53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima COODQA 1-Less severe mental health disorder/Less severe substance use disorder 2-More severe mental health disorder/Less severe substance disorder 3-Less severe mental health disorder/More severe substance disorder 4-More severe mental health disorder/More severe substance disorder 9-No Co-occurring treatment need
45-SOBERING SERVICES 40-WITHDRAWAL MANAGEMENT 47-URINALYSIS
53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima Modality Code IDS 41-ALCOHOL-DRUG INFORMATION SCHOOL 0-Score of 0 32-ASSESSMENT 1-Score of 1 39-BRIEF INTERVENTION 2-Score of 2 33-CASE MANAGEMENT 3-Score of 3 22-ENGAGEMENT AND OUTREACH 4-Score of 4 36-INTENSIVE INPATIENT RESIDENTIAL SERVICES 5-Score of 5 42-INTERIM SERVICES 8-Refused 44-INVOLUNTARY COMMITMENT 9-Unable to Complete 37-LONG-TERM CARE RESIDENTIAL SERVICES 34-OPIATE SUBSTITUTION TREATMENT 35-OUTPATIENT TREATMENT 46-PREGNANT, POST PARTUM, OR PARENTING (PPW) WOMEN’S HOUSING SUPPORT SERVICES 38-RECOVERY HOUSE RESIDENTIAL SERVICES 43-RECOVERY SUPPORT SERVICES 45-SOBERING SERVICES 40-WITHDRAWAL MANAGEMENT 47-URINALYSIS
53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima County ID
00000 Military Address 80306-Direct Optical Observation 00001 Jail 80307-Instrumented Chemistry Analyzer 00002 Unknown 40050 Washington Other 53001 Adams 53003 Asotin 53005 Benton 53007 Chelan 53009 Clallam 53011 Clark 53013 Columbia 53015 Cowlitz 53017 Douglas 53019 Ferry 53021 Franklin 53023 Garfield 53025 Grant 53027 Grays Harbor 53029 Island 53031 Jefferson 53033 King 53035 Kitsap 53037 Kittitas 53039 Klickitat 53041 Lewis 53043 Lincoln 53045 Mason 53047 Okanogan 53049 Pacific 53051 Pend Oreille 53053 Pierce 53055 San Juan 53057 Skagit 53059 Skamania 53061 Snohomish 53063 Spokane 53065 Stevens 53067 Thurston 53069 Wahkiakum 53071 Walla Walla 53073 Whatcom 53075 Whitman 53077 Yakima DMHP
DMHP ASAM Outcome
0-Place holder for people who are truly not at any risk
1-Detention to MENTAL HEALTH facility (72 hours as identified under the Involuntary Treatment Act, RCW 71.05).
0.5-Early Intervention
2-Referred to voluntary Outpatient mental health services. 1-Outpatient Services 3-Referred to voluntary Inpatient mental health services. 1-WM (Level of Withdrawal Management (WM) for Adults 4-Returned to Inpatient facility/filed revocation petition. 2-WM (Level of Withdrawal Management (WM) for Adults 5-Filed petition-recommending LRA extension. 2.1-Intensive Outpatient Services 6-Referred to non-mental health community resources. 2.5-Partial Hospitalization Services 7-Detention to Secure Detox facility (72 hours as identified under RCW 70.96B) 3.1-Clinically Managed Low-Intensity Residential Services 9-Other.
3.2-WM (Level of Withdrawal Management (WM) for Adults 10-Referred to acute detox. 3.3-This level of care not designated for adolescent populations 11-Referred to sub-acute detox.
3.5-Clinically Managed Medium-Intensity Residential Services 12-Referred to sobering unit. 3.7-Medically Monitored High-Intensity Inpatient Services 13-Referred to crisis triage.
3.7-WM (Level of Withdrawal Management (WM) for Adults 14-Referred to chemical dependency intensive outpatient program. 4-Medically Managed Intensive Inpatient Services 15-Referred to chemical dependency inpatient program. 4-WM (Level of Withdrawal Management (WM) for Adults 16-Referred to chemical dependency residential program. OTP-(LEVEL 1) Some OTPs not specified for adolescent populations. 17-No detention – E&T provisional acceptance did not occur within statutory timeframes 18-No detention – Unresolved medical issues 19-Non-emergent detention petition filed 20-Did not require MH or CD services 21-Referred for hold under RCW 70.96A 22-Petition filed for outpatient evaluation 23-Filed petition recommending AOT extension Return to Inpatient/ Revocatio DMHP Legal Reason n Referral
1-DMHP determined detention during course of investigatio n per RCW 71.05.340( 3)(a). A -Dangerous to Self 8-Law Enforcement
2- Outpatient provider requested revocation per RCW 71.05.340( 3)(b) or RCW 71.34 for kids. B -Dangerous to Others 2-Hospital C -Gravely Disabled 9-N/A 5-Legal Representative: The person with legal responsibility over/for the individual D -Dangerous to property 1-Family: Spouse, parent, child, sibling X -Revoked for reasons other than above 3-Professional: Physician, Behavioral Health Treatment Provider, Child/Adult Protective Services Z -NA- person was not involuntarily detained under ITA 7-Social Service Provider 7-Detention to Secure Detox facility (72 hours as identified under RCW 70.96B) 4-Care Facility: Assisted Living, adult family homes, nursing homes, behavioral health residential setting, rehabilitation facility 9-Community: landlord, business, neighbors
10-Referred to acute detox. 6-School: primary, secondary, or post-secondary school
11-Referred to sub-acute detox. 10-Other
12-Referred to sobering unit. 13-Referred to crisis triage.
14-Referred to chemical dependency intensive outpatient program. 15-Referred to chemical dependency inpatient program. 16-Referred to chemical dependency residential program.
17-No detention – E&T provisional acceptance did not occur within statutory timeframes 18-No detention – Unresolved medical issues 19-Non-emergent detention petition filed 20-Did not require MH or CD services 21-Referred for hold under RCW 70.96A 22-Petition filed for outpatient evaluation 23-Filed petition recommending AOT extension ITA
SE End HearingOutcome Reason
0-Dismissed 1-Treatment Completed
1-14 Day Commitment 2-Left against advice, including dropout 2-90 Day Commitment or extension 3-Terminated by facility 3-180 Day Commitment or extension 4-Transferred to another SA treatment or Mental Health program 4-90 Day LRA or LRA extension 5-Incarcerated 5-180 Day LRA or LRA extension 6-Death by Suicide 6-Agreed to Voluntary Treatment 7-Death NOT by Suicide 7-Revoke LRA 8-Other
8-Reinstate LRA 9-Lost to Contact
9-3 Day Commitment under Joel’s Law 10-Administrative Closure
10-Dismissal of petition filed under Joel’s Law 11-Order for outpatient evaluation within 72 hours for Assisted Outpatient Treatment
12-180 Day Assisted Outpatient Treatment Order 13-365 Day Assisted Outpatient Treatment Order
Substance
SE Referral Source Substance Age
1-Self / Family1-None 0-Client born with a substance use disorder resulting from in-utero exposure
2-Substance2-Alcohol Use Disorder Provider 35796-Age At First Use, in years 3-Mental Health3-Cocaine/Crack Provider 99-Not applicable 4-Other Healthcare4-Marijuana/Hashish Provider 5-Self Help Group5-Heroin 6-School 6-Other Opiates And Synthetics 7-Employer7-PCP-phencyclidine 8-Court / Criminal8-Other Justice Hallucinogens
9-Other Community9-Methamphetamine Referral
97-Unknown10-Other Amphetamines
11-Other Stimulants 12-Benzodiazepine
13-Other non-Benzodiazepine Tranquilizers 14-Barbiturates 15-Other Non-Barbiturate Sedatives or Hypnotics
16-Inhalants 17-Over-The-Counter 18-Oxycodone 19-Hydromorphone 20-MDMA (ecstasy, Molly, etc.) 21-Other
Date Last Frequency Peak Method Used CJTA Encounter Modalities
1-No Use In1-No The PastUse Month1-Inhalation 1-Alcohol/Drug Information School
2-1-3 Times2-1-3 In Past Times Month2-Injection In A Month 2-Assessment 3-4-12 Times3-4-12 In Past Times Month3-Oral In A Month 3-Brief Intervention 4-13 or More4-13 Times or More In Past4-Other Times Month In A Month 5-Daily 5-Daily 5-Smoking 6-Not Applicable6-Not Applicable 7-Not Available ISO 639-2 Code English name of Language abk Abkhazian ace Achinese ach Acoli ada Adangme ady Adyghe; Adygei aar Afar afh Afrihili afr Afrikaans afa Afro-Asiatic languages ain Ainu aka Akan akk Akkadian alb Albanian* sqi Albanian ale Aleut alg Algonquian languages tut Altaic languages amh Amharic anp Angika apa Apache languages ara Arabic arg Aragonese arp Arapaho arw Arawak arm Armenian* hye Armenian Aromanian; Arumanian; rup Macedo-Romanian art Artificial languages asm Assamese Asturian; Bable; Leonese; ast Asturleonese ath Athapascan languages aus Australian languages map Austronesian languages ava Avaric ave Avestan awa Awadhi aym Aymara aze Azerbaijani ban Balinese bat Baltic languages bal Baluchi bam Bambara bai Bamileke languages bad Banda languages bnt Bantu languages bas Basa bak Bashkir baq Basque* eus Basque btk Batak languages bej Beja; Bedawiyet bel Belarusian bem Bemba ben Bengali ber Berber languages bho Bhojpuri bih Bihari languages bik Bikol bin Bini; Edo bis Bislama byn Blin; Bilin Blissymbols; Blissymbolics; zbl Bliss Bokmål, Norwegian; nob Norwegian Bokmål bos Bosnian bra Braj bre Breton bug Buginese bul Bulgarian bua Buriat bur Burmese* mya Burmese cad Caddo cat Catalan; Valencian cau Caucasian languages ceb Cebuano cel Celtic languages Central American Indian cai languages khm Central Khmer chg Chagatai cmc Chamic languages cha Chamorro che Chechen chr Cherokee chy Cheyenne chb Chibcha nya Chichewa; Chewa; Nyanja chi Chinese* zho Chinese chn Chinook jargon chp Chipewyan; Dene Suline cho Choctaw Church Slavic; Old Slavonic; Church Slavonic; Old chu Bulgarian; Old Church Slavonic chk Chuukese chv Chuvash Classical Newari; Old nwc Newari; Classical Nepal Bhasa syc Classical Syriac cop Coptic cor Cornish cos Corsican cre Cree mus Creek crp Creoles and pidgins Creoles and pidgins, English cpe based Creoles and pidgins, French- cpf based Creoles and pidgins, cpp Portuguese-based Crimean Tatar; Crimean crh Turkish hrv Croatian cus Cushitic languages ces Czech cze Czech* dak Dakota dan Danish dar Dargwa del Delaware din Dinka div Divehi; Dhivehi; Maldivian doi Dogri dgr Dogrib dra Dravidian languages dua Duala Dutch, Middle (ca.1050- dum 1350) dut Dutch; Flemish* nld Dutch; Flemish dyu Dyula dzo Dzongkha frs Eastern Frisian efi Efik egy Egyptian (Ancient) eka Ekajuk elx Elamite eng English enm English, Middle (1100-1500) ang English, Old (ca.450-1100) myv Erzya epo Esperanto est Estonian ewe Ewe ewo Ewondo fan Fang fat Fanti fao Faroese fij Fijian fil Filipino; Pilipino fin Finnish fiu Finno-Ugrian languages fon Fon fra French fre French* French, Middle (ca.1400- frm 1600) fro French, Old (842-ca.1400) fur Friulian ful Fulah gaa Ga gla Gaelic; Scottish Gaelic car Galibi Carib glg Galician lug Ganda gay Gayo gba Gbaya gez Geez geo Georgian* kat Georgian deu German ger German* German, Middle High gmh (ca.1050-1500) German, Old High (ca.750- goh 1050) gem Germanic languages gil Gilbertese gon Gondi gor Gorontalo got Gothic grb Grebo grc Greek, Ancient (to 1453) ell Greek, Modern (1453-) gre Greek, Modern (1453-)* grn Guarani guj Gujarati gwi Gwich'in hai Haida hat Haitian; Haitian Creole hau Hausa haw Hawaiian heb Hebrew her Herero hil Hiligaynon Himachali languages; him Western Pahari languages hin Hindi hmo Hiri Motu hit Hittite hmn Hmong; Mong hun Hungarian hup Hupa iba Iban ice Icelandic* Isl Icelandic ido Ido ibo Igbo ijo Ijo languages ilo Iloko smn Inari Sami inc Indic languages ine Indo-European languages ind Indonesian inh Ingush Interlingua (International ina Auxiliary Language Association) ile Interlingue; Occidental iku Inuktitut ipk Inupiaq ira Iranian languages gle Irish mga Irish, Middle (900-1200) sga Irish, Old (to 900) iro Iroquoian languages ita Italian jpn Japanese jav Javanese jrb Judeo-Arabic jpr Judeo-Persian kbd Kabardian kab Kabyle kac Kachin; Jingpho kal Kalaallisut; Greenlandic xal Kalmyk; Oirat kam Kamba kan Kannada kau Kanuri krc Karachay-Balkar kaa Kara-Kalpak krl Karelian kar Karen languages kas Kashmiri csb Kashubian kaw Kawi kaz Kazakh kha Khasi khi Khoisan languages kho Khotanese; Sakan kik Kikuyu; Gikuyu kmb Kimbundu kin Kinyarwanda kir Kirghiz; Kyrgyz tlh Klingon; tlhIngan-Hol kom Komi kon Kongo kok Konkani kor Korean kos Kosraean kpe Kpelle kro Kru languages kua Kuanyama; Kwanyama kum Kumyk kur Kurdish kru Kurukh kut Kutenai lad Ladino lah Lahnda lam Lamba day Land Dayak languages lao Lao lat Latin lav Latvian lez Lezghian Limburgan; Limburger; lim Limburgish lin Lingala lit Lithuanian jbo Lojban Low German; Low Saxon; nds German, Low; Saxon, Low dsb Lower Sorbian loz Lozi lub Luba-Katanga lua Luba-Lulua lui Luiseno smj Lule Sami lun Lunda luo Luo (Kenya and Tanzania) lus Lushai Luxembourgish; ltz Letzeburgesch mac Macedonian* mkd Macedonian mad Madurese mag Magahi mai Maithili mak Makasar mlg Malagasy may Malay* msa Malay mal Malayalam mlt Maltese mnc Manchu mdr Mandar man Mandingo mni Manipuri mno Manobo languages glv Manx mao Maori* mri Maori arn Mapudungun; Mapuche mar Marathi chm Mari mah Marshallese mwr Marwari mas Masai myn Mayan languages men Mende mic Mi'kmaq; Micmac min Minangkabau mwl Mirandese moh Mohawk mdf Moksha lol Mongo mon Mongolian mkh Mon-Khmer languages mos Mossi mul Multiple languages mun Munda languages nah Nahuatl languages nau Nauru nav Navajo; Navaho Ndebele, North; North nde Ndebele Ndebele, South; South nbl Ndebele ndo Ndonga nap Neapolitan new Nepal Bhasa; Newari nep Nepali nia Nias nic Niger-Kordofanian languages ssa Nilo-Saharan languages niu Niuean nqo N'Ko No linguistic content; Not zxx applicable nog Nogai non Norse, Old North American Indian nai languages frr Northern Frisian sme Northern Sami nor Norwegian Norwegian Nynorsk; nno Nynorsk, Norwegian nub Nubian languages nym Nyamwezi nyn Nyankole nyo Nyoro nzi Nzima oci Occitan (post 1500) Official Aramaic (700-300 arc BCE); Imperial Aramaic (700- 300 BCE) oji Ojibwa ori Oriya orm Oromo osa Osage oss Ossetian; Ossetic oto Otomian languages pal Pahlavi pau Palauan pli Pali pam Pampanga; Kapampangan pag Pangasinan pan Panjabi; Punjabi pap Papiamento paa Papuan languages nso Pedi; Sepedi; Northern Sotho fas Persian per Persian* Persian, Old (ca.600-400 peo B.C.) phi Philippine languages phn Phoenician pon Pohnpeian pol Polish por Portuguese pra Prakrit languages
Provençal, Old (to pro 1500);Occitan, Old (to 1500) pus Pushto; Pashto que Quechua raj Rajasthani rap Rapanui Rarotongan; Cook Islands rar Maori qaa-qtz Reserved for local use roa Romance languages Romanian; Moldavian; rum Moldovan* Romanian; Moldavian; ron Moldovan roh Romansh rom Romany run Rundi rus Russian sal Salishan languages sam Samaritan Aramaic smi Sami languages smo Samoan sad Sandawe sag Sango san Sanskrit sat Santali srd Sardinian sas Sasak sco Scots sel Selkup sem Semitic languages srp Serbian srr Serer shn Shan sna Shona iii Sichuan Yi; Nuosu scn Sicilian sid Sidamo sgn Sign Languages bla Siksika snd Sindhi sin Sinhala; Sinhalese sit Sino-Tibetan languages sio Siouan languages sms Skolt Sami den Slave (Athapascan) sla Slavic languages slo Slovak* slk Slovak slv Slovenian sog Sogdian som Somali son Songhai languages snk Soninke wen Sorbian languages sot Sotho, Southern South American Indian sai languages alt Southern Altai sma Southern Sami spa Spanish; Castilian srn Sranan Tongo Standard Moroccan zgh Tamazight suk Sukuma sux Sumerian sun Sundanese sus Susu swa Swahili ssw Swati swe Swedish Swiss German; Alemannic; gsw Alsatian syr Syriac tgl Tagalog tah Tahitian tai Tai languages tgk Tajik tmh Tamashek tam Tamil tat Tatar tel Telugu ter Tereno tet Tetum tha Thai tib Tibetan* bod Tibetan tig Tigre tir Tigrinya tem Timne tiv Tiv tli Tlingit tpi Tok Pisin tkl Tokelau tog Tonga (Nyasa) ton Tonga (Tonga Islands) tsi Tsimshian tso Tsonga tsn Tswana tum Tumbuka tup Tupi languages tur Turkish Turkish, Ottoman (1500- ota 1928) tuk Turkmen tvl Tuvalu tyv Tuvinian twi Twi udm Udmurt uga Ugaritic uig Uighur; Uyghur ukr Ukrainian umb Umbundu mis Uncoded languages und Undetermined hsb Upper Sorbian urd Urdu uzb Uzbek vai Vai ven Venda vie Vietnamese vol Volapük vot Votic wak Wakashan languages wln Walloon war Waray was Washo wel Welsh* cym Welsh fry Western Frisian wal Wolaitta; Wolaytta wol Wolof xho Xhosa sah Yakut yao Yao yap Yapese yid Yiddish yor Yoruba ypk Yupik languages znd Zande languages Zap Zapotec Zaza; Dimili; Dimli; Kirdki; Zza Kirmanjki; Zazaki Zen Zenaga Zha Zhuang; Chuang Zul Zulu Zun Zuni Code abk-Abkhazian ace-Achinese ach-Acoli ada-Adangme ady-Adyghe; Adygei aar-Afar afh-Afrihili afr-Afrikaans afa-Afro-Asiatic languages ain-Ainu aka-Akan akk-Akkadian alb-Albanian* sqi-Albanian ale-Aleut alg-Algonquian languages tut-Altaic languages amh-Amharic anp-Angika apa-Apache languages ara-Arabic arg-Aragonese arp-Arapaho arw-Arawak arm-Armenian* hye-Armenian rup-Aromanian; Arumanian; Macedo-Romanian art-Artificial languages asm-Assamese ast-Asturian; Bable; Leonese; Asturleonese ath-Athapascan languages aus-Australian languages map-Austronesian languages ava-Avaric ave-Avestan awa-Awadhi aym-Aymara aze-Azerbaijani ban-Balinese bat-Baltic languages bal-Baluchi bam-Bambara bai-Bamileke languages bad-Banda languages bnt-Bantu languages bas-Basa bak-Bashkir baq-Basque* eus-Basque btk-Batak languages bej-Beja; Bedawiyet bel-Belarusian bem-Bemba ben-Bengali ber-Berber languages bho-Bhojpuri bih-Bihari languages bik-Bikol bin-Bini; Edo bis-Bislama byn-Blin; Bilin zbl-Blissymbols; Blissymbolics; Bliss nob-Bokmål, Norwegian; Norwegian Bokmål bos-Bosnian bra-Braj bre-Breton bug-Buginese bul-Bulgarian bua-Buriat bur-Burmese* mya-Burmese cad-Caddo cat-Catalan; Valencian cau-Caucasian languages ceb-Cebuano cel-Celtic languages cai-Central American Indian languages khm-Central Khmer chg-Chagatai cmc-Chamic languages cha-Chamorro che-Chechen chr-Cherokee chy-Cheyenne chb-Chibcha nya-Chichewa; Chewa; Nyanja chi-Chinese* zho-Chinese chn-Chinook jargon chp-Chipewyan; Dene Suline cho-Choctaw
chu-Church Slavic; Old Slavonic; Church Slavonic; Old Bulgarian; Old Church Slavonic chk-Chuukese chv-Chuvash nwc-Classical Newari; Old Newari; Classical Nepal Bhasa syc-Classical Syriac cop-Coptic cor-Cornish cos-Corsican cre-Cree mus-Creek crp-Creoles and pidgins cpe-Creoles and pidgins, English based cpf-Creoles and pidgins, French-based cpp-Creoles and pidgins, Portuguese-based crh-Crimean Tatar; Crimean Turkish hrv-Croatian cus-Cushitic languages ces-Czech cze-Czech* dak-Dakota dan-Danish dar-Dargwa del-Delaware din-Dinka div-Divehi; Dhivehi; Maldivian doi-Dogri dgr-Dogrib dra-Dravidian languages dua-Duala dum-Dutch, Middle (ca.1050-1350) dut -Dutch; Flemish* nld-Dutch; Flemish dyu-Dyula dzo-Dzongkha frs-Eastern Frisian efi-Efik egy-Egyptian (Ancient) eka-Ekajuk elx-Elamite eng-English enm-English, Middle (1100-1500) ang-English, Old (ca.450-1100) myv-Erzya epo-Esperanto est-Estonian ewe-Ewe ewo-Ewondo fan-Fang fat-Fanti fao-Faroese fij-Fijian fil-Filipino; Pilipino fin-Finnish fiu-Finno-Ugrian languages fon-Fon fra-French fre-French* frm-French, Middle (ca.1400-1600) fro-French, Old (842-ca.1400) fur-Friulian ful-Fulah gaa-Ga gla-Gaelic; Scottish Gaelic car-Galibi Carib glg-Galician lug-Ganda gay-Gayo gba-Gbaya gez-Geez geo -Georgian* kat-Georgian deu-German ger-German* gmh-German, Middle High (ca.1050-1500) goh-German, Old High (ca.750-1050) gem-Germanic languages gil-Gilbertese gon-Gondi gor-Gorontalo got-Gothic grb-Grebo grc-Greek, Ancient (to 1453) ell-Greek, Modern (1453-) gre -Greek, Modern (1453-)* grn-Guarani guj-Gujarati gwi-Gwich'in hai-Haida hat-Haitian; Haitian Creole hau-Hausa haw-Hawaiian heb-Hebrew her-Herero hil-Hiligaynon him-Himachali languages; Western Pahari languages hin-Hindi hmo-Hiri Motu hit-Hittite hmn-Hmong; Mong hun-Hungarian hup-Hupa iba-Iban ice-Icelandic* Isl-Icelandic ido-Ido ibo-Igbo ijo-Ijo languages ilo-Iloko smn-Inari Sami inc-Indic languages ine-Indo-European languages ind-Indonesian inh-Ingush ina-Interlingua (International Auxiliary Language Association) ile-Interlingue; Occidental iku-Inuktitut ipk-Inupiaq ira-Iranian languages gle-Irish mga-Irish, Middle (900-1200) sga-Irish, Old (to 900) iro-Iroquoian languages ita-Italian jpn-Japanese jav-Javanese jrb-Judeo-Arabic jpr-Judeo-Persian kbd-Kabardian kab-Kabyle kac-Kachin; Jingpho kal-Kalaallisut; Greenlandic xal-Kalmyk; Oirat kam-Kamba kan-Kannada kau-Kanuri krc-Karachay-Balkar kaa-Kara-Kalpak krl-Karelian kar-Karen languages kas-Kashmiri csb-Kashubian kaw-Kawi kaz-Kazakh kha-Khasi khi-Khoisan languages kho-Khotanese; Sakan kik-Kikuyu; Gikuyu kmb-Kimbundu kin-Kinyarwanda kir-Kirghiz; Kyrgyz tlh-Klingon; tlhIngan-Hol kom-Komi kon-Kongo kok-Konkani kor-Korean kos-Kosraean kpe-Kpelle kro-Kru languages kua-Kuanyama; Kwanyama kum-Kumyk kur-Kurdish kru-Kurukh kut-Kutenai lad-Ladino lah-Lahnda lam-Lamba day-Land Dayak languages lao-Lao lat-Latin lav-Latvian lez-Lezghian lim-Limburgan; Limburger; Limburgish lin-Lingala lit-Lithuanian jbo-Lojban nds-Low German; Low Saxon; German, Low; Saxon, Low dsb-Lower Sorbian loz-Lozi lub-Luba-Katanga lua-Luba-Lulua lui-Luiseno smj-Lule Sami lun-Lunda luo-Luo (Kenya and Tanzania) lus-Lushai ltz-Luxembourgish; Letzeburgesch mac-Macedonian* mkd-Macedonian mad-Madurese mag-Magahi mai-Maithili mak-Makasar mlg-Malagasy may -Malay* msa -Malay mal-Malayalam mlt-Maltese mnc-Manchu mdr-Mandar man-Mandingo mni-Manipuri mno-Manobo languages glv-Manx mao -Maori* mri -Maori arn-Mapudungun; Mapuche mar-Marathi chm-Mari mah-Marshallese mwr-Marwari mas-Masai myn-Mayan languages men-Mende mic-Mi'kmaq; Micmac min-Minangkabau mwl-Mirandese moh-Mohawk mdf-Moksha lol-Mongo mon-Mongolian mkh-Mon-Khmer languages mos-Mossi mul-Multiple languages mun-Munda languages nah-Nahuatl languages nau-Nauru nav-Navajo; Navaho nde-Ndebele, North; North Ndebele nbl-Ndebele, South; South Ndebele ndo-Ndonga nap-Neapolitan new-Nepal Bhasa; Newari nep-Nepali nia-Nias nic-Niger-Kordofanian languages ssa-Nilo-Saharan languages niu-Niuean nqo-N'Ko zxx-No linguistic content; Not applicable nog-Nogai non-Norse, Old nai-North American Indian languages frr-Northern Frisian sme-Northern Sami nor-Norwegian nno-Norwegian Nynorsk; Nynorsk, Norwegian nub-Nubian languages nym-Nyamwezi nyn-Nyankole nyo-Nyoro nzi-Nzima oci-Occitan (post 1500) arc-Official Aramaic (700-300 BCE); Imperial Aramaic (700-300 BCE) oji-Ojibwa ori-Oriya orm-Oromo osa-Osage oss-Ossetian; Ossetic oto-Otomian languages pal-Pahlavi pau-Palauan pli-Pali pam-Pampanga; 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Zza-Zaza; Dimili; Dimli; Kirdki; Kirmanjki; Zazaki Zen-Zenaga Zha-Zhuang; Chuang Zul-Zulu Zun-Zuni
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Board of County Commissioners AGENDA ITEM SUMMARY
Agenda Date: 10/13/2020 Date Created: 9/22/2020 Agenda Item #:
Amber Stonik, Associate Planner - Community Planning and Economic Created by: Development - 360-786-5476
Creator = Presenter? Yes No Is this a presentation by more than one person? Amber Stonik, Associate Planner - Community Planning and Economic Presenter: Development - 360-786-5476
Item Title: Contract Amendment with the Department of Ecology to develop a Riparian Restoration Program
Action Needed: Execute Contract Class of Item: Department
List of Exhibits Attach any materials such as spreadsheets, powerpoint presentations, word documents, etc.
WAECOL_Amendment_R Click Additional Attachment to attach more materials. eport (1).pdf PDF File 336 KB
NOTE: If you attach a file and get a message saying " You have chosen to attach a large file… ", you need to optimize the file to make it smaller. Contact Dan Murray at 4593 for assistance.
Clearance from other Departments? Budget Effect Summary? Recommended Action: Move to approve the Department of Ecology Grant No. WQNEP-2017-ThCoWR-00037 in the amount of $552,500 for the Riparian Restoration Program, and authorize the Director of Community Planning and Economic Development to sign this agreement and future amendments that do not change the approved duration or increase the dollar amount by more than 10%.
Item Description: In 2018, Thurston County was awarded a National Estuary Program (NEP) Stormwater Strategic Initiative grant in the amount of $305,000 through our state partner the Department of Ecology.
In June, the County was informed it had been selected for additional funding award and extension of the grant timeframe. The amendment adds an additional $247,500 to the previous award of $305,000 for a total grant award of $552,500 and extends the grant period from March 2021 to December 2022.
This grant funds a project to improve water quality in Thurston County streams by developing an incentive program that centralizes information for landowners and motivates voluntary restoration of riparian areas on private land. Additionally, the project funds the implementation of riparian restoration pilot projects. These projects will mitigate impacts from stormwater and nonpoint sources of pollution, protect and restore habitat for native species, provide mitigation and protections from increased flood and drought. The funding also allows current County grant-funded staff to continue to work on this project.
This project is aligned with the Thurston County Strategic Plan Initiative #7 – Balance development with the preservation of the county's rural character, natural areas, and open space, and #9 - to support environmental health and climate stabilization.
This AIS is complete and ready for the Clerk of the Board to include in the Board Agenda: Date Submitted: 9/28/2020
AMENDMENT NO. 1 TO AGREEMENT NO. WQNEP-2017-ThCoWR-00037 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND Thurston County
PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and Thurston County (RECIPIENT) for the Developing a Riparian Restoration Program in Thurston County (PROJECT).
The purpose of this amendment is to add additional funds to the PROJECT to allow the RECIPIENT to implement additional riparian restoration projects in Task 7, and add in Federal T&Cs. The RECIPIENT will identify and implement up to 6 riparian restoration projects in Task 7, in accordance with ECOLOGY's funding guidance for riparian plantings and restoration projects.
The AGREEMENT is amended is as follows: The PROJECT Budget Total Eligible Costs are increased by $247,500, from $305,000 to $552,500. Task 1 Budget is increased by $421, from $5,150 to $5,771 Task 2 Budget is increased by $10,257, from $2,300 to $12,557 Task 3 Budget is increased by $6,398, from $14,000 to $20,398 Task 4 Budget is increased by $30,000, from $48,500 to $78,500 Task 5 Budget is increased by $24,289, from $37,000 to $61,289 Task 6 Budget is decreased by $3,036, from $74,000 to $70,964 Task 7 Budget is increased by $179,650, from $120,000 to $299,560 Task 8 Budget is decreased by $589, from $4,050 to $3,461 IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Cost: Original: 305,000.00 Amended: 552,500.00 Total Eligible Cost: Original: 305,000.00 Amended: 552,500.00 Expiration Date: Original: 03/01/2021 Amended: 08/30/2022
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Funding Distribution EG190076
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Funding Title: NEP Stormwater Strategic Initiative
Funding Type: Grant Funding Effective Date: 10/01/2018 Funding Expiration Date: 08/30/2022 Funding Source:
Title: National Estuary Program Stormwater Strategic Initiative
Type: Federal Funding Source %: 100% Description: EPA Cooperative Agreement
Federal Awarding Agency: U.S. Environmental Protection Agency Federal Awarding Agency Contact: Chris Castner Federal Awarding Agency Phone: 206-553-6517 Federal Awarding Agency Email: [email protected] Federal Awarding Agency Address: 1200 Sixth Avenue, Suite 900 Seattle, WA 98101
CFDA Catalog Name: Puget Sound Action Agenda: Technical Investigations and
CFDA Number: 66.123 FAIN: 01J18101 Research Grant: No Federal Award Date: 6/29/2016 Total Federal Award Amount: $5,200,000.00 Federal Funds Obligated To Recipient: $552,500.00
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 29.35% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No
NEP Stormwater Strategic Initiative Task Total
PROJECT DEVELOPMENT $ 5,771.00
PROJECT ADMINISTRATION AND MANAGEMENT $ 12,557.00
PROJECT COORDINATION $ 20,398.00
RIPARIAN PROGRAM RESEARCH $ 78,500.00
LANDOWNER OUTREACH $ 61,289.00
IDENTIFICATION OF PILOT PROJECTS $ 70,964.00
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DESIGN AND IMPLEMENTATION OF PILOT $ 299,560.00 PROJECTS BROADER IMPACTS AND COMMUNICATION $ 3,461.00
Total: $ 552,500.00
CHANGES TO SCOPE OF WORK
Task Number: 1 Task Cost: $5,771.00
Task Title: PROJECT DEVELOPMENT
Task Description: This task must be completed before initiating any other work under this subaward. Work completed on other tasks prior to completion of Task 1 may be ineligible for reimbursement.
1.1 DETAILED PROJECT PLAN (DPP) The RECIPIENT will prepare a detailed project outline and timeline to describe project expectations and outcomes. The detailed project plan will also identify how the objectives of the project will be evaluated, including quantifiable performance measures and targets. As part of developing the detailed project plan, the RECIPIENT will meet with their Stormwater SI Grant Program Representative to discuss the project goals, tasks, timeline, and shared workload. Stormwater SI staff will have the opportunity to provide input on the plan and establish mutual expectations.
The RECIPIENT should provide relevant spatial data for their project and this should be identified in the detailed project plan. The RECIPIENT should consult with Stormwater SI staff and spatial analysts where appropriate to determine the spatial data, associated metadata, and data storage location that are relevant for the project. Project coordinates (latitude, longitude) should be submitted in decimal degrees.
1.2 QUALITY ASSURANCE PROJECT PLAN (QAPP) DEVELOPMENT Per EPA subaward terms and conditions, the RECIPIENT must submit a Quality Assurance Project Plan (QAPP) or QAPP waiver to the Washington State Department of Ecology’s National Estuary Program Quality Assurance Coordinator (NEP QC) using EPA’s NEP guidance for QAPPs. See http://www.ecy.wa.gov/programs/eap/qa/docs/NEPQAPP/index.html. If a QAPP is required, the RECIPIENT will work with the NEP QC to develop and approve the QAPP.
Work related to collecting environmental data may not begin until the QAPP or waivers are completed and approved. The detailed project plan (Task 1.1) may be appended to the QAPP waiver form in lieu of completing page 2.
1.3 EFFECTIVENESS CONSULTATION The RECIPIENT will consult via telephone once a year with the Puget Sound Partnership (PSP) effectiveness team regarding project metrics being tracked (30 minutes). PSP effectiveness team will then provide an analysis approach for the NTA, about
Template Version 10/30/2015 State of Washington Department of Ecology Page 4 of 21 Thurston County Developing a Riparian Restoration Program in Thurston County Project Agreement No. WQNEP-2017-ThCoWR-00037 a paragraph per project, and will provide results of the effectiveness analysis to the Stormwater Strategic Initiative Advisory Team. The Stormwater SI grant program representative will send an email to put the RECIPIENT in contact with the PSP effectiveness team.
Task Goal Statement: The RECIPIENT will develop a plan for project implementation and monitoring (if required) to support the successful completion of the PROJECT. As well as maintain communication with PSP to ensure project quality and relevance to the Strategic Initiative Goals.
Task Expected Outcome: The RECIPIENT will produce and submit to ECOLOGY a DPP, QAPP waiver, and a QAPP (if required) prior to commencement of the PROJECT or monitoring efforts.
Deliverables
Number Description Due Date
1.1 Detailed project plan (DPP) and timeline uploaded to EAGL.
1.2 QAPP Waiver Determination Form submitted to NEP QC and uploaded to EAGL. If QAPP is required, submit to QC, and once approved by NEP QC upload to EAGL. 1.3 Effectiveness consultation, one per year for a 30min phone conversation directly with PSP.
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Task Number: 2 Task Cost: $12,557.00
Task Title: PROJECT ADMINISTRATION AND MANAGEMENT
Task Description: 2.1 PROJECT FACTSHEET The RECIPIENT will create a project factsheet and submit with the first quarterly progress report. These will be made publicly available.
2.2 QUARTERLY PROGRESS REPORTS AND PAYMENT REQUESTS (PRPR) The RECIPIENT will upload all quarterly PRPR to EAGL. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: • A description of the work completed in the reporting period, including total spending by the project sponsor and any partners and any completed deliverables. • The status and completion date for the project activities and near-term deliverables.
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• Description of any problem or circumstances affecting the completion date, scope of work, or costs. • Evidence of satisfactory completion of all the reporting requirements relevant to the reporting period. First Reporting Period (January 1–March 31) due by April 15; Second Reporting Period (April 1–June 30) due by July 15; Third Reporting Period (July 1–September 30) due by October 15; Fourth Reporting Period (October 1–December 31) due by January 15.
Requirements: 2.2.1 EPA FEATS REPORTING Complete semi-annual FEATS progress reports, and a final FEATS report. The final FEATS report, reflecting the final project billing, will be provided by the RECIPIENT during project closeout, within 60 days of the expiration of the grant, and will describe the entire project, highlighting project outcomes, and discussing lessons learned. FEATS Reporting Periods: April 1– September 30, due by October 15; October 1–March 31, due by April 1. Draft final FEATS report to be defined in DPP.
2.2.2 PUGET SOUND PARTNERSHIP NTA REPORTING NTA owners are required to report: • Implementation status of their actions on semiannual basis (spring & fall) • Financial status of their actions on an annual basis (summer)
2.2.3 STORAGE AND RETRIEVAL AND WATER QUALITY EXCHANGER (STORET) DATA REPORTING (IF NEEDED) STORET refers to an electronic data system for water quality monitoring data developed by EPA. If the RECIPIENT collects any physical, chemical, or environmental data (e.g. dissolved oxygen, water temperature, salinity, turbidity, pH, phosphorous, total nitrogen, E. coli or Enterococci, and other biological and habitat data), then STORET reporting is required. Data for an entire calendar year (Jan 1–Dec 31) submitted annually. To assist in STORET tracking, name your project as follows: NEP_2016_ (organization name); the unique project ID needs to be 35 characters max. More information about WQX, WQX web, and the STORET warehouse, including tutorials, can be found at EPA website.
Alternatively, the RECIPIENT can comply with this requirement by submitting project data formatted for entry into Ecology’s Environmental Information Management (EIM) system, and Ecology will be responsible for the subsequent transfer of the data to STORET.
2.3 FINAL PROJECT REPORT A final report will be written by the RECIPIENT describing the methods, results, lessons learned and recommendations for future work. The final report includes analyses of program development and next steps for implementation. As well as evaluates the success of achieving the performance measures identified in the detailed project plan. Included with the final project report will be an updated Project Factsheet.
Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome: • Timely and complete submittal of requests for reimbursement, quarterly progress reports, EAGL closeout report, FEATS reports, PSP NTA reports, STORET reports (if needed) and final project report. • Properly maintained project documentation
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Deliverables
Number Description Due Date
2.1 Complete Project Factsheet (template provided), submitted directly to ECOLOGY Project Manager (PM). 2.2 Quarterly Progress Reports and Invoicing submitted to EAGL. FEATS, PSP NTA and STORET reporting coordinate submittal with ECOLOGY PM. 2.3 Submit Final Project Report including Final FEATS and updated factsheet.
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Task Number: 3 Task Cost: $20,398.00
Task Title: PROJECT COORDINATION
Task Description: 3.1 REGULAR PROJECT TEAM MEETINGS The RECIPIENT will host monthly or bi-monthly (a minimum of 12) meetings for core project team members and quarterly meetings (up to six) for broader group of partners.
3.2 PRESENTATIONS TO STAKEHOLDER MEETINGS The RECIPIENT will distribute regular updates and presentations to external groups such as the Thurston County Nonpoint Partnership Group, Deschutes Watershed Council, Salmon Recovery Lead Entities, Nisqually River Council, Storm and Surface Water Advisory Board, Thurston County Agriculture Advisory Committee, and others.
Task Goal Statement: Effective coordination and outreach, both internally among county departments and elected officials, and to outside partners, jurisdictions, agencies, stakeholders, technical experts, and the general public throughout the duration of the project.
Task Expected Outcome: All core team members and partners will engage successfully in project development.
Deliverables
Number Description Due Date
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3.1 Upload meeting agendas and summaries and sign in sheets to EAGL.
3.2 Upload meeting agendas, presentations, summaries and sign in sheets to EAGL.
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Task Number: 4 Task Cost: $78,500.00
Task Title: RIPARIAN PROGRAM RESEARCH
Task Description: 4.1 RIPARIAN RESTORATION PROGRAM INCENTIVES The RECIPIENT will conduct research of the different conservation approaches, tools and funding sources, including those implemented locally, by other counties in Washington State, and nationally, to identify the components, strengths, challenges, organizational needs, effectiveness, and potential costs of each approach. The RECIPIENT will identify which tools align with National Marine Fisheries Service (NMFS) buffer guidelines and most effectively address the water quality, habitat and other parameters particular to Thurston County watersheds. The RECIPIENT will summarize findings in a literature review report.
4.2 FEASIBILITY ANALYSIS Building on the research in Task 4.1, the RECIPIENT will determine which tools could be successfully implemented in Thurston County, identify partners and organizational structures available to execute restoration projects, outline currently available funding sources including any limitation to those programs, and evaluate if county-based, long-term funding sources can be applied to existing programs to supplement, enhance and accelerate those programs and riparian restoration projects. This analysis will include consideration of how such a program would be integrated into current and ongoing county and regional efforts, including stormwater capital facilities planning, Voluntary Stewardship Program (VSP), and regional salmon recovery and streamflow restoration funding cycles.
The RECIPIENT will investigate county organizational or regulatory changes (if any) that may be needed to more effectively protect and restore county riparian areas.
The RECIPIENT will summarize findings and recommendations in a report and present it to decision makers. The summary report will outline several approaches, and discuss the pros, cons, costs, and challenges of each. (For example, proposed approaches could include a new program housed at the county, a new program based at another entity, an expansion of an existing program, a partnership supported by an interlocal agreement , etc.)
4.3 PRIORITY AREAS The RECIPIENT will build on research being done by the Thurston County Stormwater Utility program, Washington State University Extension, and Nonpoint Partnership to classify different geographic areas of Thurston County watersheds based on attributes including geography, watershed characterization, water quality parameters, habitat degradation, land use, and risk factors to identify and prioritize areas best suited for particular management responses. The RECIPEINT will refine and use the prioritization tools to identify priority watersheds and reaches where targeted riparian restoration outreach effort could be most effective.
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4.4 DEVELOP CENTRALIZED SOURCE OF INFORMATION FOR LANDOWNERS Based on research conducted, The RECIPIENT will create a centralized source of information online for landowners interested in learning about riparian restoration including the benefits of riparian areas, priority regions of the county and funding/easement program opportunities. Materials and information will include National Marine Fisheries Service (NMFS) buffer information.
Task Goal Statement: Conduct literature review of existing similar programs to highlight successes and use lessons learned. Identify priority areas within Thurston County and document all information in a centralized location.
Task Expected Outcome: Interested landowners will use the information available at the online centralized source.
Deliverables
Number Description Due Date
4.1 Upload report summarizing conservation tools and organizational structure based on previous research to EAGL. 4.2 Upload report summarizing feasibility with recommendations for organizational structure to EAGL. 4.3 Upload list of 10 priority reaches; presentations to county decision makers and priority list to EAGL. 4.4 Upload any additional materials posted on centralized location.
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Task Number: 5 Task Cost: $61,289.00
Task Title: LANDOWNER OUTREACH
Task Description: 5.1 LANDOWNER INCENTIVES & BARRIERS RESEARCH The RECIPIENT will identify landowners within priority areas of watersheds within the county (result of Task 4.3), and reach out to target audience through direct mailer and other communication networks, such as other landowner workshops being put on by the Conservation District and Stormwater Utility Education and Outreach team. The RECIPIENT will work with a subcontractor to design and implement a methodology to understand potential barriers to participating in a riparian restoration program. Such a strategy could include gathering information on attitudes, behaviors, motivations, and barriers from 25-30 landowners in the target audience through focus groups and one-on-one interviews. This task will include pre- and post-assessment of target audience to measure awareness of restoration resources and willingness to support restoration on their property. Template Version 10/30/2015 State of Washington Department of Ecology Page 9 of 21 Thurston County Developing a Riparian Restoration Program in Thurston County Project Agreement No. WQNEP-2017-ThCoWR-00037
5.2 DEVELOP OUTREACH MATERIALS The RECIPIENT will work with an outside consultant to develop materials to support a riparian restoration program, including: a website, factsheets, program information trifold, and other project materials. Materials will be refined based on feedback from sub-task 5.1 and will be included in the output for task 4.4.
Task Goal Statement: Working with landowners to understand and identify concerns, preferences, and barriers for different conservation incentives.
Task Expected Outcome: Develop outreach materials to support a riparian restoration program and testing those materials with a potential audience.
Deliverables
Number Description Due Date
5.1 Upload participant rosters, report summarizing landowner outreach, and pledges of interested landowners to EAGL 5.2 Upload website, flyers, factsheets, technical program information, and/or other materials to EAGL
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Task Number: 6 Task Cost: $70,964.00
Task Title: IDENTIFICATION OF PILOT PROJECTS
Task Description: 6.1 IDENTIFY PILOT PROJECTS The RECIPIENT will conduct outreach and initial scoping with landowners in identified priority areas, using materials and tools identified in earlier tasks to identify riparian restoration projects. Projects selected to receive additional state funding in task 7 will meet the NMFS buffer requirements and be subject to the eligibility and project management terms and conditions for non-point projects described in the funding guidelines for Ecology’s Combined Water Quality Financial Assistance Program. Projects may include riparian buffer plantings, invasive plant control, and wetland enhancement or restoration.
6.2 PROGRAMMATIC AND/OR POLICY CHANGES The RECIPIENT will evaluate and refine program tools and materials as needed, and pursue any local regulatory changes identified in task 4.2 needed to make program more effective.
Task Goal Statement: Identify pilot projects in priority areas.
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Task Expected Outcome: Work with specific landowners to begin the planning of the identified riparian restoration projects.
Recipient Task Coordinator: Allison Osterberg
Deliverables
Number Description Due Date
6.1 Upload list of landowners contacted and summary record of all interactions to EAGL. 6.2 Upload refined program tools and materials, and policy memos with needed recommendations to EAGL.
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Task Number: 7 Task Cost: $299,560.00
Task Title: DESIGN AND IMPLEMENTATION OF PILOT PROJECTS
Task Description: 7.1 DESIGN OF PILOT PROJECTS The RECIPIENT will hire a contractor to develop initial designs for 3-6 restoration projects identified in task 6.1. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project.
Prior to any ground disturbing activities (which include but are not limited to site prep work, geotech work, restoration work, etc.), the RECIPIENT will comply with Section 106 cultural resources review requirements.
7.2 IMPLEMENTATION OF PILOT PROJECTS
7.2.1 CONTRACTOR MANAGEMENT The RECIPIENT will hire a contractor to complete and implement restoration projects and will provide construction oversight and management of the project.
7.2.2 LANDOWNER AGREEMENT The RECIPIENT will conduct a SAM (System for Award Management) search prior to entering any contractual agreement and record results. If SAM search results are acceptable, the RECIPIENT will obtain a signed Landowner Agreement or Conservation Easement for all properties, and provide a draft agreement or easement to ECOLOGY Project Manager for approval before obtaining landowner signature, upload signed documents to EAGL.
7.2.3 QUALITY ASSURANCE PLAN AND PRE-CONSTRUCTION CONFERENCE The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction Template Version 10/30/2015 State of Washington Department of Ecology Page 11 of 21 Thurston County Developing a Riparian Restoration Program in Thurston County Project Agreement No. WQNEP-2017-ThCoWR-00037 oversight. Upload approved plan to EAGL.
The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend.
7.2.4 PROJECT SCHEDULE The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY.
7.2.5 VEGETATION MAINTENANCE PLAN The RECIPEINT will develop a vegetation maintenance plan that covers the first 3-5 years after installation, and submit to the Project Manager for review and approval prior to construction. This plan will detail responsibilities for both the landowner and the RECIPIENT and must include plant establishment details concerning, but not limited to, watering plants, replacing dead plants, controlling noxious weeds, animal browse protection, and repairing and maintaining buffer fencing.
7.2.6 POST-CONSTRUCTION Upon completion of construction, the RECIPIENT will provide to ECOLOGY: A. The RECIPIENT or subcontractor will complete and submit the ECOLOGY Approval Form to ECOLOGY’s Project Manager for review and approval prior to implementation. The submittal will include site-specific plans/designs, maps, and other supporting documents for each site where the RECIPIENT or subcontractor restored riparian areas. The approved form will be signed and uploaded to EAGL by ECOLOGY’s Project Manager. The RECIPIENT or subcontractor will install riparian buffers that comply with the NMFS guidelines.
B .A GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY-Approved Equivalent.
Task Goal Statement: The RECIPIENT will oversee and manage project design and construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation.
Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans.
Deliverables
Number Description Due Date
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7.1 Conceptual design(s) with willing landowners, uploaded to EAGL.
Upload Ecology E.O. 05-05/Section 106 form and Inadvertent Discovery Plan to EAGL prior to any ground disturbing activities (which includes but is not limited to site prep work, geotech work, restoration work, etc.). Upload the Final Determination Letter to EAGL. 7.2 Upload contractor agreement to EAGL.
7.3 Upload signed landowner agreements to EAGL, prior to implementation.
7.4 Upload quality assurance plans to EAGL and send invitation to pre-construction conference to ECOLOGY PM and Engineer. 7.5 Upload project schedule to EAGL.
7.6 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 7.7 Upload vegetation maintenance plan for ECOLOGY review to EAGL.
7.8 Upload Final Approval Form and GIS files to EAGL.
CHANGES TO SCOPE OF WORK
Task Number: 8 Task Cost: $3,461.00
Task Title: BROADER IMPACTS AND COMMUNICATION
Task Description: Share the results of the work outlined above at one or more regional conferences or meetings.
8.1 REGIONAL PRESENTATIONS The RECIPIENT will share the results of the work and lessons learned at a minimum of two regional conferences and/or events, such as the Salish Sea Ecosystem Conference or South Sound Science Symposium.
Task Goal Statement: Share study findings with partners and interested cities, counties and other jurisdictions.
Task Expected Outcome: Project finding presented at conferences of regional importance.
Deliverables
Number Description Due Date
Template Version 10/30/2015 State of Washington Department of Ecology Page 13 of 21 Thurston County Developing a Riparian Restoration Program in Thurston County Project Agreement No. WQNEP-2017-ThCoWR-00037
8.1 Upload Regional Presentation to EAGL.
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Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
NEP Stormwater Strategic Initiative 0 % $ 0.00 $ 552,500.00 $ 552,500.00 Total $ 0.00 $ 552,500.00 $ 552,500.00
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SPECIAL TERMS AND CONDITIONS:
NEP EPA Administrative Conditions
1. EPA General Terms and Conditions The RECIPIENT agrees to comply with the current EPA general terms and conditions. These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions.
2. EPA General Terms and Conditions - Consultant Cap - Additional Information
In addition to the EPA General Terms and Conditions #6 "Consultant Cap", as of August 2January 1, 2018, the limit is $629.42 per day $78.6778.68 per hour.
NOTE: For future years' limits, the RECIPIENT may find the annual salary for Level IV of the Executive Schedule on the following Internet site: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2018/executive-senior-level.http://www.opm.gov/oca. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate.
3. EPA General Terms and Conditions – Cybersecurity The RECIPIENT agrees to comply with the current EPA general terms and conditions “Cybersecurity”. The terms and conditions can be found on the EPA Grants Terms and Conditions Website.
For STATE: http://www2.epa.gov/sites/production/files/2015-07/documents/state_grant_cyber_security_condition.pdf.
For TRIBE: http://www2.epa.gov/sites/production/files/2015-07/documents/tribal_grant_cyber_security_condition.pdf.
For Other Recipients: http://www2.epa.gov/sites/production/files/2015-07/documents/cyber_security_grant_condition_for_other_r ecipients.pdf.
4. EPA General Terms and Conditions - Indirect Costs for States and Tribal
The cost principles of 2 CFR 200 Subpart E are applicable, as appropriate, to this award.
In addition to the EPA General Terms and Conditions "Indirect Cost Rate Agreements", if the RECIPIENT does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII.
For State Agencies
The RECIPIENT must send its proposal to its cognizant federal agency within six (6) months after the close of the governmental unit's fiscal year. If EPA is the cognizant federal agency, the state RECIPIENT must send its indirect cost rate proposal within six (6) months after the close of the governmental unit’s fiscal year to:
Regular Mail Financial Analysis and Rate Negotiation Service Center Office of Acquisition Management U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW, MC 3802R Washington, DC 20460
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Mail Courier (e.g. FedEx, UPS, etc.) Financial Analysis and Rate Negotiation Service Center Office of Acquisition Management US Environmental Protection Agency 1300 Pennsylvania Avenue, NW, 6th floor Bid and Proposal Room Number 61107 Washington, DC 20004
For Indian Tribe If the RECIPIENT does not have a previously established indirect cost rate, the RECIPIENT must submit their indirect cost rate proposals to: National Business Center Indirect Cost Services U.S. Department of the Interior 2180 Harvard Street, Suite 430 Sacramento, CA 95815-3317
The RECIPIENT agrees to comply with the audit requirements in accordance with 2 CFR 200 Subpart F.
5. Utilization of small, minority and women’s business enterprises (MBE/WBE)
Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C.
The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally
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This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, sex, or national origin, in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE
NEP EPA Programmatic Conditions The RECIPIENT and any sub-recipient must comply with the applicable EPA general terms and conditions outlined below. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions reflected on the official assistance award document.
Puget Sound Scientific Studies and Technical Investigations Assistance Program
Programmatic Terms and Conditions
1. Semi-Annual Performance Reports The RECIPIENT shall submit performance reports every six (6) months during the life of the project. Reports are due 30 calendar days after the end of each reporting period. Reports shall be submitted to the EPA Project Officer and may be provided electronically.
In accordance with 2 CFR 200.328, as appropriate, the RECIPIENT agrees to submit performance reports that include brief information on each of the following areas: (a) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; (b) The reasons why established goals were not met, if appropriate; (c) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
In addition to the semi-annual performance reports, the RECIPIENT shall immediately notify the EPA Project Officer of developments that have a significant impact on the award-supported activities. As appropriate, the RECIPIENT agrees to inform the EPA Project Officer as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation.
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The RECIPIENT will submit performance reports through EPA’s Puget Sound Financial and Ecosystem Accounting Tracking System (FEATS). Reports are due 30 calendar days after the end of each reporting period. The reporting periods shall end March 31st and September 30th of each calendar year. Reports shall be submitted to the EPA Project Officer on the FEATS form provided by the Project Officer and shall be submitted by electronic mail. The RECIPIENT agrees to submit performance reports that include brief information on each of the following areas: (a) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; (b) The reasons for slippages if established outputs/outcomes were not met; (c) Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs.
2. Program Income - Addition If program income is generated, the RECIPIENT is required to account for program income related to this project. Program income earned during the project period shall be retained by the RECIPIENT and shall be added to funds committed to the project by EPA and the RECIPIENT, and shall be used to further eligible project objectives.
3. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: “This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (number) to (RECIPIENT). The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
4. Annual Conferences The RECIPIENT may attend one or more appropriate conferences each year, which may be within the Puget Sound region. The specific conferences will be determined in consultation with the EPA Project Officer. The purpose of this requirement is to provide RECIPIENTs with opportunities to learn about and benefit from other relevant initiatives and programs that relate to the funded work; to exchange information about their funded work with organizations that may benefit from their experience; and generally to raise awareness within the Puget Sound, Salish Sea, and large aquatic ecosystem protection and restoration communities of the funded work Example of potentially relevant conferences include, but are not limited to, the biennial Puget Sound-Georgia Basin Ecosystem Conference (http://depts.washington.edu/uwconf/psgb/); and local or regional meetings of Tribal, professional, scientific, or other relevant associations. Specific conferences will depend on the nature of the work proposed. Recipient will be allowed to use award funds to pay for travel and lodging. Recipient should include anticipated costs for attending conferences in their proposed budget.
5. Peer Review The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study.
6. Competency of Organizations Generating and/or Using Environmental Measurement Data The RECIPIENT is responsible for any subgrantees or subrecipients. This policy is between EPA and the grantee, and it is the grantee’s choice as to how the policy is carried out with any subrecipients. EPA did not include subrecipients’ criteria in the policy. The burden is on the RECIPIENT of the EPA award to ensure that it has confidence in the information being provided to EPA, regardless of the source of that information. The RECIPIENT can apply the checks and balances it chooses to its subrecipients. EPA relies on its awardees to ensure that they are supplying EPA with data of the best known and documented quality that they can.
7. STORET Requirement RECIPIENTs are required to institute standardized reporting requirements into their work plans and include such costs in their budgets. All water quality data generated in accordance with an EPA approved Quality Assurance Project Plan as a result of this assistance agreement, either directly or by subaward, will be required to be transmitted into the Agency’s Storage and Retrieval (STORET) data warehouse using either WQX or WQX web. Water quality data appropriate for STORET include physical, chemical, and biological sample results for water, sediment and fish tissue. The data include toxicity data,
Template Version 10/30/2015 State of Washington Department of Ecology Page 19 of 21 Thurston County Developing a Riparian Restoration Program in Thurston County Project Agreement No. WQNEP-2017-ThCoWR-00037 microbiological data, and the metrics and indices generated from biological and habitat data. The Water Quality Exchange (WQX) is the water data schema associated with the EPA, State and Tribal Exchange Network. Using the WQX schema partners map their database structure to the WQX/STORET structure. WQX web is a web based tool to convert data into the STORET format for smaller data generators that are not direct partners on the Exchange Network. More information about WQX, WQX web, and the STORET warehouse, including tutorials, can be found at http://www.epa.gov/storet/wqx/
If activities submitted as match for this federal assistance agreement involve the generation of water quality data, the resulting information must be publicly accessible (in STORET or some other database). Recipients are encouraged to develop a cross walk between any non-STORET database utilized for the storage of water quality data associated with match activities and EPA’s Water Quality Exchange (WQX).
8. Riparian Buffers Riparian buffer restoration projects in agricultural areas shall be consistent with the interim riparian buffer recommendations provided to EPA and the Natural Resource Conservation Service by National Marine Fisheries Service letters of January 30, 2013 (stamp received date - February 4, 2013) and April 9, 2013 (stamp received date – April 16, 2013), or the October 28, 2013 guidance. Grantees shall confirm in writing projects' consistency with the recommendations referenced above. When developing project proposals, grantees also should consider the extent to which proposals include appropriate riparian buffers or otherwise address pollution sources on other water courses on the properties in the project area to support water quality and salmon recovery. Deviations can only be obtained through an exception approved by EPA. In order for EPA to evaluate a request for an exception, the grantee must submit the scientific rationale demonstrating adequacy of buffers for supporting water quality and salmon recovery. The request must summarize tribal input on the scientific rationale or other relevant issues. The scientific rationale could be developed from sources such as site-specific assessment data, salmon recovery plans, Total Maximum Daily Loads (TMDLs) and the state nonpoint plan. EPA will confer with the National Oceanic and Atmospheric Administration (NOAA) and the Washington Department of Ecology and provide the opportunity for affected tribes to consult with EPA before making a final decision on a deviation request.
9. International Travel (Including Canada) All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your EPA Project Officer as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can obtain appropriate approvals from EPA Headquarters. If you have questions, please contact your EPA Project Officer listed on the front page of the Award Document.
10. Geospatial Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov
11. Lobbying and Litigation - Restated from Administrative Condition #1, General Terms and Conditions, Effective 10/3/2016 (#29. Lobbying and Litigation) a. All Recipients. i. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The recipient shall abide by the Cost Principles available at 2 CFR 200 which generally prohibits the use of federal grant funds for litigation against the U.S. or for lobbying or other political activities. ii. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. iii. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. iv. Contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as stipulated in the Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. v. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the
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Lobbying Disclosure Act. Nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are ineligible for EPA subawards.
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AUTHORIZING SIGNATURES
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment.
This amendment will be effective 08/13/2020.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Thurston County Department of Ecology
By: By:
Vincent McGowan, P.E. Date Joshua Cummings Date Water Quality Program Manager
Template Approved to Form by Attorney General's Office
Template Version 10/30/2015
Board of County Commissioners AGENDA ITEM SUMMARY
Agenda Date: 10/13/2020 Date Created: 9/24/2020 Agenda Item #:
Andrew Boughan, Associate Planner - Community Planning and Economic Created by: Development - 360-786-5505
Creator = Presenter? Yes No Is this a presentation by more than one person? Andrew Boughan, Associate Planner - Community Planning and Economic Presenter: Development - 360-786-5505
Jennifer Davis, Planning Manager - Community Planning and Economic Presenter #2: Development - 360-786-5475 Item Title: Set Public Hearing for Development Code Docket #A21 - Rural Accessory Dwelling Unit (ADU)
Action Needed: Pass Motion Class of Item: Department
List of Exhibits Attach any materials such as spreadsheets, powerpoint presentations, word documents, etc.
BOCC Legal Notice - Click Additional Attachment to attach more materials. Rural ADU.docx Microsoft Word Document 59.5 KB
NOTE: If you attach a file and get a message saying " You have chosen to attach a large file… ", you need to optimize the file to make it smaller. Contact Dan Murray at 4593 for assistance.
Clearance from other Departments? Budget Effect Summary? Recommended Action: Move to set a public hearing for Tuesday, November 10, 2020 at 3:00 p.m., or soon thereafter, at the Thurston County Courthouse, Room 280, Building 1, to accept public testimony on Development Code Docket #A21 - Rural Accessory Dwelling Units (ADU). The public hearing will be held in-person and virtually, and a link will be provided to connect remotely for those interested in providing testimony.
Item Description: Rural Accessory Dwelling Units (Development Code Docket Item A -21) has been a docket item since 2018. The BoCC included this proposal on the 2020/2021 Official Docket of Development Code Amendments in April 2020, and prioritized this proposal as the third priority out of 15 development code amendments on the docket.
Thurston County Community Planning held four (4) work sessions with the Planning Commission from May 2020 through August 2020. A public hearing with the Planning Commission was held on August 5, 2020. A SEPA Determination of Nonsignificance was issued September 8, 2020. A work session was held with the Board of County Commissioners on September 23, 2020 and staff was directed to request a board hearing.
Public notice of the public hearing will be provided by publishing a legal notice in The Olympian. A press release and email to interested parties will also be sent out prior to the public hearing.
This proposal is consistent with Comprehensive Plan policies to support housing opportunities in Thurston County, and also supports County Strategic Initiative # 7, Balance development with the preservation of the County's rural character, natural areas, and open spaces.
This AIS is complete and ready for the Clerk of the Board to include in the Board Agenda: Date Submitted: 9/28/2020
NOTICE OF PUBLIC HEARING FOR THE THURSTON COUNTY BOARD OF COUNTY COMMISSIONERS
The Board will hold a public hearing on Tuesday, November 10, 2020 at 3:00 p.m., or soon thereafter in Room 280 Building 1 of the Thurston County Courthouse, 2000 Lakeridge Dr. SW, Olympia, WA 98502. This hearing is to take public testimony on official development code docket item A21, “Rural Accessory Dwelling Units”. The proposal would amend Title 20 of the Thurston County Code to allow for rural Accessory Dwelling Unit (ADU) housing options in unincorporated Thurston County.
The Board may take action following the public hearing on November 10, 2020 or at any regularly scheduled meeting thereafter.
Those wishing to testify should either appear and be heard or connect by telephone and be heard. Meeting information and the telephone number to call into the meeting will be posted on the Board’s Weekly Meeting Agenda page: https://www.thurstoncountywa.gov/bocc/Pages/agendas.asp x
If unable to attend, mailed or emailed comments must be received no later than 12:00 p.m. on November 10, 2020. Send email or letters to Andrew Boughan, Associate Planner, Community Planning and Economic Development, Building 1, 2nd Floor, 2000 Lakeridge Drive SW, Olympia WA 98502, or to [email protected]. Or contact him at 360-786-5505. Documents will be posted online at the Thurston County Community Planning and Economic Development website at: https://www.thurstoncountywa.gov/planning/Pages/comp- plan-adu.aspx
To request disability accommodations, call the Reasonable Accommodation Coordinator at least three days prior to the meeting at 360-786-5440. Persons with speech or hearing disabilities may call via Washington Relay: 711 or 800-833- 6388. Amy Davis, Clerk of the Board
DO NOT PUBLISH BELOW THIS LINE Publish October 15, 2020
Board of County Commissioners AGENDA ITEM SUMMARY
Agenda Date: 10/13/2020 Date Created: 8/5/2020 Agenda Item #:
Created by: Sandra Bush, Administrative Supervisor - Emergency Services - 360-704-2784
Creator = Presenter? Yes No Is this a presentation by more than one person? Kurt Hardin, Emergency Services Director - Emergency Services - 360-704- Presenter: 2783
Item Title: Intergovernmental EMS Contracts for Paramedical Services
Action Needed: Execute Contract Class of Item: Department
List of Exhibits Attach any materials such as spreadsheets, powerpoint presentations, word documents, etc.
ALS Contract TA Click Additional Attachment to attach more materials. 092120 - TFD - PAO Signature.pdf PDF File 315 KB
ALS Contract TA 092120 - OFD - PAO Signature.pdf PDF File 305 KB
ALS Contract TA 092120 - LFD3 - PAO Signature.pdf PDF File 308 KB
NOTE: If you attach a file and get a message saying " You have chosen to attach a large file… ", you need to optimize the file to make it smaller. Contact Dan Murray at 4593 for assistance.
Clearance from other Departments? PAO FinSvcs HR Budget Office CAO Other Notes: Approved by the Auditor and the EMS Council
Budget Effect Summary? Recommended Action: Move to authorize the Emergency Services Director to execute the 2021 -2022 contracts, and any amendments that do not exceed 10 percent, for paramedic services with the cities of Olympia and Tumwater and Thurston County Fire District 3 (Lacey).
Item Description: These are Advanced Life Support (ALS) Contract Renewals for Lacey Fire District #3, Olympia Fire Department, and Tumwater Fire Department which currently expire on December 31, 2020. The contracts support the ALS system in Thurston County and aid in coordination and deployment of a countywide model of ALS services that protect the residents of Thurston County. Current negotiations resulted in an expansion of covered services for the agencies that both bolsters the quality improvement infrastructure within our EMS system while also increasing paramedic capacity. These help to improve both the service delivery to our residents as well as improving the working conditions as a paramedic in our Thurston County ALS system.
Thurston County Strategic Plan Initiative 5: Strengthen Emergency Medical Services provided county-wide by Medic One and area hospitals.
This AIS is complete and ready for the Clerk of the Board to include in the Board Agenda: Date Submitted: 9/30/2020
INTERGOVERNMENTAL EMS CONTRACT
THIS CONTRACT is made and entered into in duplicate originals this day by and between the COUNTY OF THURSTON, a municipal corporation, hereinafter referred to as the 'COUNTY' and the CITY OF TUMWATER, a municipal corporation, hereinafter referred to as the 'AGENCY';
WHEREAS, Chapter 39.34 RCW authorizes local governments to enter into agreements for joint and cooperative undertakings; and
WHEREAS, regulations over the provision of emergency medical services include Chapters 18.71, 18.73, 70.168 RCW and Chapter 246-976 WAC; and
WHEREAS, RCW 70.168.120 authorizes the County to establish local emergency care councils; and WHEREAS, Thurston County Medic One is supported by a county wide levy in order to provide county wide emergency medical services as provided by law; and
WHEREAS, certain local agencies have the resources including human resources available to provide such services at the requisite level of quality and training; and
WHEREAS, the COUNTY desires to have the AGENCY perform emergency medical services as hereinafter set forth; requiring specialized skills and other supportive capabilities; and
WHEREAS, the COUNTY and the AGENCY agree to jointly explore a variety of innovative strategies to maximize the Thurston County prehospital healthcare delivery model; and
WHEREAS, sufficient COUNTY resources are not available to provide such services; and
WHEREAS, the AGENCY represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract;
THEREFORE, in consideration of the terms, conditions, covenants, and performance, contained herein, the parties hereto mutually agree as follows:
I. SERVICES
A. The AGENCY shall perform such services and accomplish such tasks, as are identified and designated as AGENCY responsibilities throughout this Contract and as detailed in Exhibit "A" attached hereto and made a part hereof.
B. The COUNTY shall purchase and provide all materials and equipment necessary for the full performance of this Contract by AGENCY except as provided in Paragraph IV.E. of this Contract.
C.1. The COUNTY, through the Thurston County Emergency Medical Services Fund, shall provide the AGENCY with vehicles designed and equipped to furnish emergency medical services as required by law, twenty-four (24) hours a day, seven (7) days a week. AGENCY agrees to maintain said vehicles at all times so that they meet the following 1 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 standards: State of Washington Department of Health; Office of Emergency Medical Services and Trauma Systems as contained in Chapter 18.73, Chapter 18.71 and Chapter 70.168 RCW; and all applicable Washington Administrative Codes and regulations in effect at the time of this Contract as written and hereafter amended. AGENCY agrees that such vehicles will at all times be equipped with equipment necessary to provide the services contemplated by this Contract. Said vehicles and equipment shall remain the property of the COUNTY.
C.2 In lieu of a County vehicle, the AGENCY may provide a mutually acceptable vehicle for which the COUNTY shall reimburse the AGENCY $25.00 per day for each day said vehicle is in use as the paramedic response vehicle. Additionally, the COUNTY may provide a mutually acceptable vehicle for which the AGENCY shall reimburse the COUNTY $25.00 per day for each day of said vehicle use as a BLS response unit. Both the AGENCY and the COUNTY shall coordinate the use of these vehicles prior to their utilization as response units. "Use" is defined as in working order and available for use by the AGENCY.
C.3. The COUNTY may, with the approval of the AGENCY, provide the AGENCY with an additional vehicle designed and equipped to furnish emergency medical services as required by law. The AGENCY duties set out in Section I.C.1. and Exhibit "A." 11.B. 1-4 of this Contract shall also apply to any such additional vehicle. Such vehicle and equipment shall also remain the property of the COUNTY.
C.4. Using a mutually agreed upon advanced notification process, the AGENCY may remove a primary Medic Unit from the deployment model for paramedic-level, and suppression- related training following notification of the COUNTY and coordination with partner agencies. At any given time, only one of seven Medic Units shall be marked as Out Of Service (OOS) in CAD, and for no greater than 4 hours at a time.
II. EFFECTIVE DATE; DURATION
The term of this Contract and the performance of the AGENCY shall commence on January 1, 2021. This Contract will terminate on December 31, 2022. This agreement replaces and supersedes all prior interlocal agreements regarding the subject matter contained in this agreement. This Contract may be extended or terminated upon mutual agreement between the parties hereto and pursuant to the terms and conditions herein.
Ill. THE EMERGENCY MEDICAL SERVICES SYSTEMS COUNCIL
A. The AGENCY and the COUNTY shall coordinate the services described in Exhibit "A" through the Emergency Medical Services Council (EMS Council).
B. The EMS Council is formally established by Thurston County Board of Commissioners Resolution No. 6131, and the EMS Council is recognized by the Washington State Department of Health.
C. The EMS Council shall advise the AGENCY and the COUNTY with regard to the formulation and implementation of an Emergency Medical Services System consistent 2 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 with State and Federal guidelines. The EMS Council is not a party to this Contract, and nothing herein shall serve to create third party rights in favor of the EMS Council, or any other person, or entity not specifically identified as a party to this Contract.
IV. COMPENSATION AND METHOD OF PAYMENT
A. No payment by the COUNTY shall be made for any service rendered by AGENCY except for services identified and set forth in this Contract.
B. The COUNTY shall reimburse the AGENCY in twenty-four (24) monthly payments for the cost of paramedical services performed under this contract in an amount equivalent to 80 percent (80%) of said costs for the 9-medic dual paramedic staffed unit known as “Medic 5” and 89 percent (89%) of said costs for the 9-medic dual paramedic staffed unit known as “Medic 14.” The COUNTY shall continuously pay the aforementioned percentages of the costs for the 9-medic dual paramedic staffed unit, regardless of whether the position is currently occupied. Any unfilled paramedic position will be paid at the third paramedic step with benefits included at the weighted rate.
In addition, the AGENCY will be reimbursed 80 percent (80%) of said costs for up to one (1) Medical Services Officer (MSO) at any rank within the bargaining unit. Said MSO will not be counted when calculating the staffing allocation described herein. Reimbursement for this position will be contingent on deliverables. The deliverables will be developed jointly with the AGENCY and the COUNTY and approved by the Director of Medic One prior to the effective date of the contract. For the purposes of paragraph IV(B) of this Contract cost of "paramedical services" will be limited to the following:
1. SALARIES AND BENEFITS: The actual equivalent cost of the salaries and all other monetary benefits paid to or for the benefit of the paramedics assigned by the AGENCY of eighteen (18) paramedic personnel and plus one MSO.
2. Overtime in an amount equivalent to six percent (6%) of projected annual base wages for nine (9) ALS certified paramedic personnel (9 Firefighter/Paramedic wage X 6% X 80%= Overtime Allotment) matching the staffing level of this section for Medic 5. Overtime in an amount equivalent to six percent (6%) of projected annual base wages for nine (9) ALS certified paramedic personnel (9 Firefighter/Paramedic wage X 6% X 89%= Overtime Allotment) matching the staffing level of this section for Medic 14.
3. Overtime incurred by the AGENCY due to disability shall not have a maximum limitation and will be reimbursed at 100%. The AGENCY shall maintain physician documentation of disability that resulted in disability overtime scheduling. The AGENCY shall notify the COUNTY of any paramedic that is on disability for an eligible injury. If a medic is on disability, and the AGENCY is reimbursed by a 3rd party payor for any costs that were billed to the COUNTY for this medic,
3 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 AGENCY shall reimburse the COUNTY for 80% of the amount received from a 3rd party payor.
4. Overtime for backfill (except as required in Exhibit A, paragraph II.A. of this contract), special events (paragraph IV.E) or paramedic disability (paragraph IV.B.3) may be filled by a firefighter at a lower wage, at the discretion of the AGENCY. Reimbursement for said firefighter to fill the opening may be requested by the AGENCY.
5. If the AGENCY has adopted a Health Reimbursement Arrangement (HRA) plan offered and administered by the Voluntary Employee’s Beneficiary Association (VEBA) Trust for Public Employees in the Northwest, the COUNTY will reimburse the AGENCY for the AGENCY’s paramedic contribution amount to this Trust on a semi-annual basis.
C. The AGENCY shall submit to the Thurston County Medic One Office, an invoice executed in accordance with Exhibit "B" attached hereto and made a part hereof, no later than the last day of the month following the close of each pay period identified in Section IV.B. of this Contract. Extensions may be granted with advanced written notice to the COUNTY at least 10 business days prior to the deadline. For December invoices submitted in January, the deadline shall be 5 business days prior to January 31st with no extension of the deadline.
D. The COUNTY shall initiate authorization for payment after receipt of the invoice required in Subsection IV.C. and receipt of any required periodic reports identified in Exhibit "A", Section II.B.3., of this Contract and shall make payment to the AGENCY within thirty (30) days thereafter.
E. The COUNTY shall reimburse the AGENCY 100 percent (100%) for expenses incurred by the AGENCY as set forth in Exhibit "A" Section II.B.3. and Section II.B.4. of this Contract and for other services rendered at the direction of the COUNTY. (For example: MPD required CME or ride-along time, CBD trainer, oral boards)
F. The AGENCY may submit expenses incurred by the AGENCY in support of Basic Life Support (BLS) services as identified in Exhibit “B”. These services shall be reimbursed from the AGENCY’s BLS funds and shall not be reimbursable in the event that the AGENCY’s BLS funds are exhausted.
G. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the purchase, under emergency conditions, of equipment/supplies necessary for performance of this Contract. The AGENCY shall submit to the Thurston County Medic One Office, an invoice executed in accordance with Exhibit "B" attached hereto and made a part hereof, no later than the last day of the month following the month of purchase. Extensions may be granted with advanced written notice to the COUNTY at least 10 business days prior to the deadline. For December invoices submitted in January, the deadline shall be 5 business days prior to January 31st with no extension of the deadline.
4 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022
H. The COUNTY shall pay for all vaccinations, including Hepatitis B, that are required for entry into Providence St. Peter’s Hospital (PSPH) Operating Room. The AGENCY shall be responsible for scheduling the vaccination series for each paramedic, including follow- up titers, to ensure the vaccine was successful. Vaccination records and results of all titers shall be kept at the AGENCY and made available to Medic One and PSPH upon request. All paramedics shall receive all vaccinations necessary to be eligible for PSPH Operating Room entry.
If a vaccine is not successful, the COUNTY shall pay for another series of shots. If the series of shots must be restarted due to the failure of a paramedic to obtain the shots on schedule, other than when a medical condition precludes the timely completion of the vaccination series, the AGENCY shall pay for the second vaccine procedure.
If a paramedic refuses vaccination, a signed declination, approved by PSPH and compliant with current Washington State law, shall be completed by the AGENCY and must be provided to PSPH and Medic One upon request. Vaccination or signed release must be initiated within three (3) months of hire and kept at the AGENCY.
I. The COUNTY shall reimburse the AGENCY 50 percent (50%) of the cost for four (4) self contained breathing apparatus (SCBA), to be placed in the primary Medic One vehicles operated by the AGENCY pursuant to paragraph I C.1, or C.2. The AGENCY shall be responsible for the routine maintenance of the SCBA. It is agreed that the anticipated normal service life of the SCBA is five (5) years if subjected to normal wear and tear. In the event that the SCBA is subjected to extensive damage beyond normal wear and tear, and part or all needs to be replaced prior to the anticipated five year service life, such replacement shall be paid on the basis of 50 percent (50%) by the COUNTY and 50 percent (50%) by the AGENCY. The COUNTY shall reimburse the AGENCY 25 percent (25%) for the cost of SCBAs placed on the COUNTY assigned reserve Medic One vehicles. Reserve vehicle SCBAs are subject to the other requirements of this paragraph using this 25 percent (25%) COUNTY reimbursement formula.
J. The COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of AGENCY issued clothing, including bunker gear, for each new paramedic hired. The AGENCY shall maintain and replace the issued clothing due to normal wear and tear or 10 years whichever comes first. If the issued clothing ensemble is destroyed or damaged beyond what can be considered normal wear and tear while conducting paramedic services, and requires replacement sooner than normally expected, the COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of such replacements. The COUNTY will reimburse 100 percent (100%) of the cost of AGENCY required ballistic body armor for personnel under this Contract. The AGENCY agrees to provide protective clothing which meets or exceeds current applicable NFPA, and/or WAC standards.
K. The COUNTY shall reimburse 80 percent (80%) of the costs of annual medical exams and annual audiometric testing for paramedics if the AGENCY provides such testing to their firefighting personnel. The COUNTY shall reimburse the AGENCY 80 percent (80%) of 5 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 the cost of the pre-employment medical and psychological exams given to a paramedic candidate hired to fill a vacancy.
L. The COUNTY shall reimburse the AGENCY for laundry expenses directly associated with providing paramedic personnel to meet contractual obligations (i.e., linens, bedding, coveralls). Reimbursement is based on the following formula: The product of total laundry costs multiplied by the ratio of paramedics to operations division personnel multiplied by 80%.
M. The COUNTY shall reimburse the AGENCY a total of $6,115.20 annually for fire station building space dedicated to the Medic 5 and Medic 14 vehicles and backup vehicle(s). Reimbursement is based on the following formula for each unit's footprint and required setbacks as follows: 392 square feet (22 feet by 8 feet, and 3 foot setbacks on all sides) x $0.65 per square foot x 2 vehicles x 12 months. Maximum annual payment is $6,115.20).
N. The AGENCY shall maintain approximately a thirty (30) day level of medical supplies and shall obtain new supplies from the COUNTY. The COUNTY shall reimburse the AGENCY $936.00 annually for ALS supply storage space at one (1) fire stations. Reimbursement is based on the following formula: 120 square feet X $0.65 per square foot x 1 office x 12 months. The AGENCY shall keep records of medical supplies used in the thirty (30) day period and submit these records to the COUNTY on a monthly basis
O. The COUNTY shall reimburse the AGENCY 100 percent (100%) for overtime costs incurred by paramedics while attending the Medical Program Director's mandatory monthly "in-service" lecture/run review, and when required by the Medical Program Director, or his designees, to attend trainings, which are in excess of the requirements for recertification through the Washington State Department of Health. (For Example: software training, medical equipment training, remedial education).
P. The COUNTY shall initiate authorization for payment after receipt of the AGENCY'S invoice required in Section IV.C., Section IV.E., and Section IV.F. of detailing reimbursement of eligible costs under this Contract and shall make payment to the AGENCY within thirty (30) days thereafter. The AGENCY shall provide appropriate documentation of requested costs.
Q. The COUNTY shall reimburse the AGENCY $1,333.60 annually for fire station office space dedicated for paramedic use, at one (1) fire stations. Reimbursement is based on the following formula: 100 square feet x $16.67 per square foot x 1 office x 80%, per year.
R. The COUNTY shall provide the AGENCY one annual reimbursement of $20,000.00 per frontline paramedic unit to offset costs associated with managing the Medic 5 and Medic 14 paramedic units in the Medic 5 and Medic 14 paramedic zones. The total annual reimbursement will be $40,000.
6 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 S. The COUNTY will budget $210,000 annually for paramedic-in-training support. Each of the three (3) EMS/ALS contract agencies will be allowed two (2) paramedic-in-training positions annually but, by formal agreement between each AGENCY and the COUNTY, an agency may choose to release its annual paramedic-intraining position for use by another EMS/ALS contract AGENCY. The COUNTY will reimburse the AGENCY incurring the cost for paramedic-in-training. The AGENCY will submit the reimbursement claim on standard contract reimbursement forms identifying the approved paramedic-in-training by name. The AGENCY shall formally notify their ALS partner agencies of any unused positions. In the event a position will be unused by any ALS agency, the COUNTY shall notify the EMS Council. These funds will then become available to all Thurston County fire agencies for paramedic school support as provided for in EMS Council policy and procedure.
The COUNTY shall reimburse the AGENCY $35,000 fixed payment in two equal installments, one at the beginning and one at completion. If the student is unsuccessful, the second half will not be billed. To be eligible for the reimbursement, the AGENCY must demonstrate the following:
1. The student is currently employed by the AGENCY; and
2. Is up to date on training and is an affiliated Thurston County EMT; and
3. Has undergone an AGENCY designed and MPD approved selection process; and
4. Has successfully gained valid paramedic certification in Washington State; and
5. Has passed the Thurston County Medic One Protocol Test and Oral Boards.
T. If the AGENCY employs more than the allotted (9) paramedics per Medic Unit, the COUNTY shall reimburse the AGENCY the wage differential between assigned position levels and equivalent paramedic step salary for one (1) per medic unit. These paramedics are eligible for continuing medical education (CME) funds as allocated through the Medic One CME Fund policy and are eligible for 100% OT reimbursement for attending in-service.
U. In the event that the AGENCY, or the COUNTY, needs to surge paramedic response capacity or maintain existing capacity due to unforeseeable circumstances for a limited period of time, the allowance for a single paramedic unit with an EMT partner shall be granted for situations as defined in Thurston County Protocol (i.e. MCI, pandemic, extreme call volumes). This allowance does not apply to foreseeable staffing shortages by the AGENCY or the routine operation of seven (7) frontline paramedic response units. The AGENCY is encouraged to coordinate coverage with partner agencies in the event of non-surge, staffing shortfalls.
V. ESTABLISHMENT AND MAINTENANCE OF RECORDS
A. The AGENCY agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to
7 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be maintained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments," referred to as "BARS," as issued by the Office of the State Auditor, State of Washington.
The AGENCY further agrees that the COUNTY and/or State/Federal officials shall have the right to monitor and audit at their own expense the fiscal components of the AGENCY to ensure that actual expenditures remain consistent with the terms of this Contract.
B. The AGENCY shall retain all books, records, documents and other material relevant to this Contract for at least three (3) years after its expiration. The AGENCY agrees that the COUNTY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.
C. The AGENCY'S fiscal management system shall include the capability to provide accurate, current and complete disclosure of the financial status of this Contract upon request.
VI. STANDARDS FOR PARAMEDIC TRAINING
The AGENCY shall require each paramedic operating a COUNTY vehicle to be trained as prescribed in WAC 246-976. The AGENCY shall, upon completion of the initial training and renewal every three years, thereafter, provide the COUNTY documentation that each paramedic is in compliance with the aforementioned training standard.
VII. ASSIGNMENT/SUBCONTRACTING
A. The AGENCY shall not assign any portion of this Contract without the written consent of the COUNTY, and it is further agreed that said consent must be sought in writing by the AGENCY not less than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned hereunder shall be subject to each provision of this Contract and proper bidding procedures where applicable as set forth by local, State and/or Federal statutes, ordinances and guidelines.
C. Any technical/professional service subcontract not listed in this Contract, must have express advance approval by the COUNTY.
VIII. FUTURE SUPPORT
The COUNTY makes no commitment to future support and assumes no obligation for future support of the activity contracted for herein, except as may be expressly set forth in this Contract. All compensation methods and formulas shall be reviewed for appropriateness each contract period.
It is the expressed desire of the AGENCY to assure that the basic compensation formula (IV.B.) and any other methods and formulas in general, shall be made a part of any future contract negotiations. The AGENCY makes no commitment to future support and assumes no obligation
8 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 for future support of the activity contracted for herein, except as may be expressly set forth in this Contract.
IX. COMPLIANCE WITH LAWS
The parties, in performance of this Contract, agrees to comply with all applicable local, State and/or Federal laws and ordinances, including standards for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals and any other standards or criteria as described in this Contract to assure quality of services.
X. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICES
A. The COUNTY and the AGENCY are equal opportunity employers.
B. The AGENCY agrees that it shall not discriminate against any employee or applicant on the grounds of race, color, religion, sex, sexual orientation, national origin, creed, marital status, age, veteran status, or the presence of any disability; provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the particular worker involved from performing the occupational requirements of the job. The AGENCY shall take such action with respect to this Contract as may be required to ensure full compliance with state and federal law.
C. The AGENCY shall not, on the grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, veteran status or the presence of any disability deny any individual any services or other benefits provided under this Contract.
XI. RELATIONSHIP OF PARTIES
A. The parties agree that an independent contractor relationship is created by this Contract. No agent, employee, servant or representative of the AGENCY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose, and the employees of the AGENCY are not entitled to any of the benefits the COUNTY provides for COUNTY employees. The AGENCY shall be solely and entirely responsible for its acts and for the acts of its agents, and employees during the performance of this Contract.
B. The COUNTY will not exercise control and direction over the work of the AGENCY and is interested primarily in the results to be achieved. However, the services contemplated herein must meet the general approval of the COUNTY and shall be subject to the COUNTY'S general rights of inspection and review to secure the satisfactory completion hereof.
C. In the event that any of the AGENCY'S employees or agents, carry on activities or conduct themselves in any manner which may jeopardize the funding of this Contract, the AGENCY shall be responsible for taking adequate measures to prevent said employee or agent from performing or providing any of the services contained in this Contract.
9 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 D. Communications between the AGENCY and the COUNTY shall be addressed to the regular place of business:
THURSTON COUNTY FIRE CHIEF c/o MEDIC ONE ADMINISTRATOR TUMWATER FIRE DEPARTMENT THURSTON COUNTY MEDIC ONE 555 ISRAEL ROAD SW 2703 PACIFIC AVE SE, SUITE C TUMWATER WA 98502 OLYMPIA, WA 98501
E. In the event that the COUNTY the AGENCY individually or collectively with other AGENCIES providing paramedic services under this contract have reached an impasse regarding a material portion of this contract, the COUNTY and the AGENCY/AGENCIES may mutually agree to seek the services of a neutral third party for the purposes of fact finding and resolution recommendation regarding the specifics of the impasse. The neutral third-party entity shall be mutually agreed upon by all parties prior to engagement of the neutral third-party entity. Further, all parties shall agree to the purpose for which the neutral third-party entity shall be engaged and said purpose will be reduced to writing and signed by all parties. The recommendation of the third party shall be considered a non-binding recommendation. The cost of neutral third-party fact- finding services and recommendation shall be borne equally by all parties involved.
XII. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.
XIII. INDEMNIFICATION; HOLD HARMLESS
A. All services to be rendered or performed under this Contract shall be performed or rendered entirely at the AGENCY'S own risk and the AGENCY expressly agrees to indemnify and hold harmless the COUNTY and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the COUNTY or any person which result from or arise out of the services to be performed by the AGENCY under this Contract; provided, this section shall not apply to liability resulting exclusively from errors or omissions of the COUNTY, its officers, or employees.
B. The COUNTY expressly agrees to indemnify and hold harmless the AGENCY and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the AGENCY which result from or arise out of the failure of products or equipment provided by the COUNTY to the extent such failure results from the negligence of the COUNTY, or the services to be performed by the AGENCY as a result of
10 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 acting under the express and negligent direction or control of a COUNTY agent or representative, excluding the Medical Program Director or any other medical doctor.
C. In the event that a claim and/or lawsuit is brought against a party to this Agreement, or against any party's officers, officials or employees for actions arising out of their conduct in responding to a request for assistance, it shall be the duty of each such party to promptly notify the other parties that actually responded to the event which is the subject of such claim or lawsuit that the same has been initiated.
XIV. INSURANCE
A. The COUNTY shall for the duration of this CONTRACT, self-insure or provide insurance coverage for vehicle damage to all vehicles provided under Section I.C. of this Contract.
B. The AGENCY shall maintain the following coverage and conditions for which the COUNTY shall reimburse the AGENCY for the premium expense:
1. Professional Legal Liability: The AGENCY shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the AGENCY'S profession. The policy shall be written subject to limits of not less than $2,000,000.00 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the AGENCY'S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the AGENCY'S services as defined by this Contract including testing, monitoring, measuring operations or laboratory analysis where such services are rendered as part of the Contract.
2. Commercial General Liability: The AGENCY shall maintain Commercial General Liability coverage or equivalent form with a minimum limit of $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this Contract or be no less than $5,000,000.00. Specialized forms specific to the industry of the AGENCY shall be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage.
3. Business Automobile Liability: The AGENCY shall maintain Business Automobile Liability insurance or equivalent form with a limit of not less than $2,000,000.00 each accident combined bodily injury and property damage. Coverage shall include owned, hired and non-owned automobiles.
11 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 4. Worker's Compensation: The AGENCY shall maintain Worker's Compensation insurance as required by the Revised Code of Washington Chapter 51 and shall provide evidence of coverage to the Thurston County Risk Management Office.
5. Verification of Coverage and Acceptability of Insurers: The AGENCY shall furnish the COUNTY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate shall provide that the underlying insurance contract shall not be cancelled, allowed to expire, or be materially reduced in coverage except on thirty (30) days prior written notice to the COUNTY. Any certificate or endorsement limiting or negating the insurer's obligation to notify the COUNTY of cancellation or changes shall be altered so as not to negate the intent of this provision.
(a) Written notice of cancellation or change shall be mailed to the COUNTY at the following address:
Thurston County Department of Human Resources Attn: Thurston County Risk Manager 2000 Lakeridge Drive SW Olympia, Washington 98502-6045
(b) The AGENCY or their broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Office.
(c) The AGENCY shall maintain all required policies in force from the lime services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced.
(d) The AGENCY shall place insurance with insurers licensed to do business in the state of Washington and having AM. Best Company ratings of no less than A:7 with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.
6. Other Insurance Provisions: (a) The AGENCY'S liability insurance policies shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected officials, officers, employees, and agents.
12 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 (b) Any failure to comply with reporting provision of the policies shall not affect coverage provided to the COUNTY, its elected officials, officers and employees or agents.
(c) The AGENCY'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.
(e) The AGENCY shall meet all of the insurance requirements in Sections 5. and 6. by its participation as a member of the Washington Cities Insurance Authority, which includes contractual liability coverage.
7. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the cost of medical malpractice insurance premiums.
8. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the cost of general and auto liability insurance premiums associated with this Contract.
9. The Agency shall submit to the Thurston County Medic One office an invoice executed in accordance with Exhibit "B" attached hereto, no later than November 1st for reimbursement of the cost of insurance as described in Section XIV.B.1. and Section XIV.B.2 and Section XIV.B.3. The AGENCY shall provide documentation with the invoice that supports the amount invoiced.
C. In lieu of the insurance coverage in this section, the AGENCY may satisfy the requirements set forth in Subsection B, by proof of coverage afforded by the Washington Cities Insurance Authority (WCIA).
XV. TREATMENT OF ASSETS
A. Title to all property furnished by the COUNTY shall remain in the name of the COUNTY.
B. Title to all nonexpendable personal property and all real property purchased by the AGENCY, the cost of which the AGENCY is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the COUNTY.
C.1. The COUNTY shall be responsible for any loss or damage to property of the COUNTY incurred in the performance of the Contract which results from: (a) Normal wear and tear; (b) Road hazards not reasonably foreseeable; (c) As among the parties to this Contract, the negligence of a person not a party to this Contract; (d) Theft and vandalism.
13 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 C.2. Any other loss or damage to property of the COUNTY incurred in the performance of this Contract shall be borne in the following manner: (a) The AGENCY having control of the property at the time of the loss or damage shall be responsible for the first $500.00 of loss or damage. (b) The COUNTY shall be responsible for the remainder.
C.3. The AGENCY shall be responsible for any loss or damage to property of the COUNTY when such loss or damage results from: (a) Willful misconduct or negligence on the part of the AGENCY or its employees. (b) Unauthorized use of vehicle(s) or equipment by AGENCY employees that renders vehicle(s) or equipment provided by the COUNTY unavailable to meet the terms of this Contract. D. Upon the happening of any loss or destruction in excess of $500.00 or damage to any COUNTY property, whether or not covered by Section XV.C. of this Contract, the AGENCY shall take all reasonable steps to notify the Medic One Administrator, of such loss or damage within twenty four (24) hours and shall take all reasonable steps to protect that property from further damage. For any loss or damage in excess of $500.00, the AGENCY shall, in a timely manner, or not to exceed thirty (30) days, submit a comprehensive written report to the Medic One Administrator detailing the events leading to the loss and the results of the investigation into the incident. For loss of less than $500.00 a verbal notification followed by a written memo shall be required.
E. The AGENCY shall surrender to the COUNTY all property of the COUNTY within fifteen (15) days after rescission, termination or completion of this Contract unless another date for surrender of said property is mutually agreed upon by the parties.
XVI. SUSPENSION, TERMINATION AND CLOSE-OUT
If either the AGENCY, or the COUNTY, fails to comply with the terms and conditions of this Contract, each may pursue such remedies as are legally available including, but not limited to, the suspension or termination of this Contract in the manner specified herein.
A. Suspension: If the AGENCY fails to comply with the terms of this Contract, or whenever the AGENCY is unable to substantiate full compliance with the provisions of this Contract, the COUNTY may suspend the Contract pending corrective action or investigation, after first allowing a reasonable period for the AGENCY'S cure. The COUNTY shall provide written notice of intent to suspend the Contract and shall set forth the actions the AGENCY must take, and the time frame within which such action must occur to avoid suspension. If, following such reasonable period for cure the AGENCY fails to cure, the COUNTY may suspend the Contract pending corrective action or investigation by COUNTY employees or their agents. The effective date of suspension shall not be less than seven (7) days following written notification of suspension to the AGENCY. The suspension shall remain in full force and effect until the AGENCY has taken corrective action to the satisfaction of the COUNTY and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligation incurred by the 14 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 AGENCY during the period of suspension shall be allowable under the Contract except any reasonable, proper and otherwise allowable costs which the AGENCY could not avoid during the period of suspension. If the AGENCY has corrected its action(s) to the satisfaction of the COUNTY, the COUNTY shall immediately notify the AGENCY in writing that the period of suspension has ended and shall specify the effective date of the end of such suspension.
B. Termination for Cause by County: If the AGENCY fails to cure the non-compliance issues that resulted in a suspension of the Contract by the COUNTY, and any of the below- listed conditions exist, the COUNTY may terminate this Contract in whole or in part. If the COUNTY exercises its right to terminate the Contract, it shall notify the AGENCY in writing of the effective date of the termination and shall set forth the reasons for termination. The COUNTY shall not give less than 21 days’ notice of intent to terminate the Contract. After the effective date of termination, no charges incurred by the AGENCY under any terminated portions of the Contract are allowable as against the COUNTY, except for any charges reasonably incurred or encumbered prior to the AGENCY receiving notice of intent to terminate.
Non-compliance, and one of the following conditions provides cause for termination: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the COUNTY deems continuation of this Contract to be substantially detrimental to the interests of the COUNTY; 2. The AGENCY has failed to take satisfactory action to correct non- compliance as directed by the COUNTY or its authorized representative within the time specified by same and as set forth in the request to cure notice in Section XVI A.
C. Termination for Cause by Agency: In the event the COUNTY fails to comply with the terms and conditions of this Contract, the AGENCY shall give notice of such failure and allow a reasonable period for the COUNTY'S cure. Thereafter, in the event the COUNTY fails to cure, the AGENCY may terminate part or all of this Contract upon sixty (60) days written notice to the COUNTY.
D. Termination for Other Grounds: This Contract may also be terminated in whole or in part as follows:
1. By either party with the mutual consent of the other party, in which case the two parties shall devise by mutual written agreement, the conditions of termination including the effective date thereof and in case of termination in part, that portion to be terminated;
2. By either party with the mutual consent of the other party, if the funds allocated by the COUNTY via this Contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in
15 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 purchasing said services. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions.
E. Close-Out: In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply:
1. Upon written request by the AGENCY, the COUNTY shall make or arrange for payment to the AGENCY of allowable reimbursable costs not covered by previous payments;
2. The AGENCY shall immediately refund to the COUNTY any monies paid in advance for services not performed.
3. The AGENCY shall submit, within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract;
4. In the event a financial audit has not been performed prior to close out of this Contract, the COUNTY retains the right to withhold a just and reasonable sum from the final payment to the AGENCY after fully considering the recommendations on disallowed costs resulting from the final audit.
XVII. JURISDICTION
A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to interpretation and performance.
B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington or either of the two nearest judicial districts pursuant to RCW 36.01.050.
XVIII. SEVERABILITY
A. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with a statute of the State of Washington, said provision which may conflict therewith shall be deemed modified to conform to such statutory provision.
XIX. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any 16 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022
EXHIBIT A: SERVICES
I. SERVICE AREA
The following services shall be provided within Thurston County during the term of this Contract. The units will be known as “Medic 5” and “Medic 14.” The normal paramedic service area will be the areas known as the "Medic 5 Tumwater" zone and "Medic 14” zone as described by the COUNTY. The AGENCY will be responsible for consistently stationing units within each zone and providing service with the described paramedic units within the Medic 5 (Station T-1) and Medic 14 (Station 1-1) zones. The COUNTY is required to notify the AGENCY in writing at least 6 months prior to any change in Medic Unit station base location stated herein unless changed under special circumstances. The AGENCY will respond to other emergency paramedic dispatches/zones as a normal part of the integrated Thurston County Medic One system and Medic Units will be considered a COUNTY resource for response and coordination purposes.
II. SERVICES
A. The AGENCY shall provide four (4) Thurston County approved and Washington State certified "Physician's Trained Mobile Intensive Care Paramedic" to staff two (2) ambulances equipped to furnish emergency medical assistance twenty-four (24) hours a day seven (7) days a week except as provided in Section IV(U) of the AGREEMENT. The AGENCY shall provide advanced emergency medical services as prescribed by the State designated supervising physician.
1. The requirements for a "Physician's Trained Mobile Intensive Care Paramedic" are defined under RCW 18.71.205 and Chapter 246-976 WAC.
2. The requirements for an equipped ambulance are defined under Chapter 18.73 RCW and Chapter 246-976 WAC.
3. The authority of the State designated supervising physician is defined under RCW 18.71.205 and Chapter 246-976 WAC.
B. The AGENCY and the COUNTY are responsible for supplies, purchasing and ambulance maintenance as follows:
1. The AGENCY shall purchase fuel, oil and other vehicle supplies for any vehicles provided under Section I.C of this Contract. The AGENCY shall either be reimbursed by the COUNTY or forward bills to the COUNTY for payment directly to the Supplier; depending on the convenience of the COUNTY.
2. The AGENCY shall maintain records of fuel consumption.
3. AGENCY shall accomplish or coordinate routine maintenance which is servicing of such vehicles of at least minimum level of the written specifications as provided by the manufacturer of the vehicle and will coordinate with the COUNTY'S EVT (Emergency Vehicle Technician) contracted maintenance AGENCY to provide said maintenance. Reimbursement shall only be for services provided by other than paramedic personnel. The COUNTY'S maintenance 18 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 provider shall be the COUNTY'S designated EVT maintenance agency or a mutually acceptable alternative. Daily, weekly, and/or monthly inspections shall be completed according to AGENCY policy and made available to the COUNTY upon request.
4. The AGENCY shall coordinate repairs and maintenance of such vehicles other than routine as needed. Such services shall be coordinated with the COUNTY and the COUNTY shall be notified and must approve in advance, except under emergency conditions, any repair expected to exceed $1,000.00. Request for payment shall be submitted to the COUNTY in a timely manner, not to exceed sixty (60) days after completion of work.
19 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF TUMWATER 2021-2022 EXHIBIT B: INVOICING
INTERGOVERNMENTALS CONTRACT INVOICE
VENDOR: THURSTON COUNTY MEDIC ONE ATTN: SANDRA BUSH, ADMINISTRATIVE SUPERVISOR 2703 PACIFIC AVENUE SE, SUITE C OLYMPIA, WASHINGTON 98501 Phone: 360.704.2784 Fax: 360.704.2781 E-mail: [email protected] SERVICE DESCRIPTION CODE AMOUNT MEDICAL SUPPLIES* 28 531012 EMPLOYEE UNIFORMS, BODY ARMOR* 28 531003 ROUTINE LAUNDRY SERVICE - MONTHS(S) OF 28 541000 FUEL/OIL - MONTH(S) OF 28 532000 SCBA GEAR* 28 535000 ADMINISTERED MEDICAL SERVICES* 28 541000 STORAGE/SPACE REIMBURSEMENT - ALS Supply & Medic Unit Storage, PM Office Space 25 545000 LIABILITY INSURANCE* 25 546000 MEDIC UNIT REPAIRS* - PARTS ONLY 28 531000 MEDIC UNIT REPAIRS* - LABOR ONLY 28 548003 BIO HAZARD REMOVAL* 28 549000 80% PERSONNEL COSTS - MONTH OF 25 541000 $0.00 89% PERSONNEL COSTS - MONTH OF 25 541000 $0.00 100% DISABILITY OVERTIME COSTS - MONTH OF 25 541000 $0.00 BLS INVOICING 85 531000 OTHER (DETAIL) OTHER (DETAIL) OTHER (DETAIL)
*ATTACH COPIES OF PAID INVOICES FOR THESE ITEMS INVOICE TOTAL: $0.00
e undersigned do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described here and that the claim is a just, due and unpaid obligation against the County of Thurston, and that I am authorized to authenticate and certify to said claim.
Subscribed this day of , 20___ for Contractor VOUCHER APPROVED AND PREPARER AUTHORIZED BY* For Contractor MEDIC ONE APPROVED AND AUDITOR AUTHORIZED BY For Medic One
INVOICES ARE DUE TO MEDIC ONE BY THE THIRD TUESDAY OF THE MONTH FOLLOWING THE MONTH OF SERVICE
*Original signature of ALS Contractor's chief officer, administrative or accounting supervisor required. INTERGOVERNMENT ALS CONTRACT 80% PERSONNEL COSTS
CONTRACTOR: MEDIC UNIT: FOR THE MONTH OF:
HOLIDAY EMPLOYER SALARY 6% OT EMPLOYEE SALARY PAY BENEFITS RETIREMENT LONGEVITY PAID TAXES ADJUSTMENTS CAP
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL PERSONNEL COSTS: $0.00
X .80 = $0.00
TRANSFER TOTAL TO 80% PERSONNEL COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 89% PERSONNEL COSTS
CONTRACTOR: MEDIC UNIT: FOR THE MONTH OF:
HOLIDAY EMPLOYER SALARY 6% OT EMPLOYEE SALARY PAY BENEFITS RETIREMENT LONGEVITY PAID TAXES ADJUSTMENTS CAP
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL PERSONNEL COSTS: $0.00
X .89 = $0.00
TRANSFER TOTAL TO 80% PERSONNEL COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 100% DISABILITY OVERTIME PERSONNEL COSTS
CONTRACTOR: FOR THE MONTH OF:
OVERTIME EMPLOYEE OVERTIME OVERTIME EMPLOYEE DATE(S) COVERED RATE HOURS TOTALS
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00
100% $0.00
TRANSFER TOTAL TO 100% DISABILITY COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 100% INSERVICE OVERTIME PERSONNEL COSTS
CONTRACTOR: FOR THE MONTH OF:
OVERTIME EMPLOYEE OVERTIME OVERTIME EMPLOYEE DATE(S) COVERED RATE HOURS TOTALS
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00
100% $0.00
TRANSFER TOTAL TO 100% DISABILITY COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL EMS CONTRACT
THIS CONTRACT is made and entered into in duplicate originals this day by and between the COUNTY OF THURSTON, a municipal corporation, hereinafter referred to as the 'COUNTY' and the CITY OF OLYMPIA, a municipal corporation, hereinafter referred to as the 'AGENCY';
WHEREAS, Chapter 39.34 RCW authorizes local governments to enter into agreements for joint and cooperative undertakings; and
WHEREAS, regulations over the provision of emergency medical services include Chapters 18.71, 18.73, 70.168 RCW and Chapter 246-976 WAC; and
WHEREAS, RCW 70.168.120 authorizes the County to establish local emergency care councils; and WHEREAS, Thurston County Medic One is supported by a county wide levy in order to provide county wide emergency medical services as provided by law; and
WHEREAS, certain local agencies have the resources including human resources available to provide such services at the requisite level of quality and training; and
WHEREAS, the COUNTY desires to have the AGENCY perform emergency medical services as hereinafter set forth; requiring specialized skills and other supportive capabilities; and
WHEREAS, the COUNTY and the AGENCY agree to jointly explore a variety of innovative strategies to maximize the Thurston County prehospital healthcare delivery model; and
WHEREAS, sufficient COUNTY resources are not available to provide such services; and
WHEREAS, the AGENCY represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract;
THEREFORE, in consideration of the terms, conditions, covenants, and performance, contained herein, the parties hereto mutually agree as follows:
I. SERVICES
A. The AGENCY shall perform such services and accomplish such tasks, as are identified and designated as AGENCY responsibilities throughout this Contract and as detailed in Exhibit "A" attached hereto and made a part hereof.
B. The COUNTY shall purchase and provide all materials and equipment necessary for the full performance of this Contract by AGENCY except as provided in Paragraph IV.E. of this Contract.
C.1. The COUNTY, through the Thurston County Emergency Medical Services Fund, shall provide the AGENCY with vehicles designed and equipped to furnish emergency medical services as required by law, twenty-four (24) hours a day, seven (7) days a week. AGENCY agrees to maintain said vehicles at all times so that they meet the following 1 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 standards: State of Washington Department of Health; Office of Emergency Medical Services and Trauma Systems as contained in Chapter 18.73, Chapter 18.71 and Chapter 70.168 RCW; and all applicable Washington Administrative Codes and regulations in effect at the time of this Contract as written and hereafter amended. AGENCY agrees that such vehicles will at all times be equipped with equipment necessary to provide the services contemplated by this Contract. Said vehicles and equipment shall remain the property of the COUNTY.
C.2 In lieu of a County vehicle, the AGENCY may provide a mutually acceptable vehicle for which the COUNTY shall reimburse the AGENCY $25.00 per day for each day said vehicle is in use as the paramedic response vehicle. Additionally, the COUNTY may provide a mutually acceptable vehicle for which the AGENCY shall reimburse the COUNTY $25.00 per day for each day of said vehicle use as a BLS response unit. Both the AGENCY and the COUNTY shall coordinate the use of these vehicles prior to their utilization as response units. "Use" is defined as in working order and available for use by the AGENCY.
C.3. The COUNTY may, with the approval of the AGENCY, provide the AGENCY with an additional vehicle designed and equipped to furnish emergency medical services as required by law. The AGENCY duties set out in Section I.C.1. and Exhibit "A." 11.B. 1-4 of this Contract shall also apply to any such additional vehicle. Such vehicle and equipment shall also remain the property of the COUNTY.
C.4. Using a mutually agreed upon advanced notification process, the AGENCY may remove a primary Medic Unit from the deployment model for paramedic-level, and suppression- related training following notification of the COUNTY and coordination with partner agencies. At any given time, only one of seven Medic Units shall be marked as Out Of Service (OOS) in CAD, and for no greater than 4 hours at a time.
II. EFFECTIVE DATE; DURATION
The term of this Contract and the performance of the AGENCY shall commence on January 1, 2021. This Contract will terminate on December 31, 2022. This agreement replaces and supersedes all prior interlocal agreements regarding the subject matter contained in this agreement. This Contract may be extended or terminated upon mutual agreement between the parties hereto and pursuant to the terms and conditions herein.
Ill. THE EMERGENCY MEDICAL SERVICES SYSTEMS COUNCIL
A. The AGENCY and the COUNTY shall coordinate the services described in Exhibit "A" through the Emergency Medical Services Council (EMS Council).
B. The EMS Council is formally established by Thurston County Board of Commissioners Resolution No. 6131, and the EMS Council is recognized by the Washington State Department of Health.
C. The EMS Council shall advise the AGENCY and the COUNTY with regard to the formulation and implementation of an Emergency Medical Services System consistent 2 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 with State and Federal guidelines. The EMS Council is not a party to this Contract, and nothing herein shall serve to create third party rights in favor of the EMS Council, or any other person, or entity not specifically identified as a party to this Contract.
IV. COMPENSATION AND METHOD OF PAYMENT
A. No payment by the COUNTY shall be made for any service rendered by AGENCY except for services identified and set forth in this Contract.
B. The COUNTY shall reimburse the AGENCY in twenty-four (24) monthly payments for the cost of paramedical services performed under this contract in an amount equivalent to 80 percent (80%) of said costs for the 9-medic dual paramedic staffed units known as “Medic 4” and “Medic 10.” The COUNTY shall continuously pay 80% of the costs for the 9-medic dual paramedic staffed units, regardless of whether the position is currently occupied. Any unfilled paramedic position will be paid at the third paramedic step with benefits included at the weighted rate.
In addition, the AGENCY will be reimbursed 80 percent (80%) of said costs for up to one (1) Medical Services Officer (MSO) at any rank within the bargaining unit. Said MSO will not be counted when calculating the staffing allocation described herein. Reimbursement for this position will be contingent on deliverables. The deliverables will be developed jointly with the AGENCY and the COUNTY and approved by the Director of Medic One prior to the effective date of the contract. For the purposes of paragraph IV(B) of this Contract cost of "paramedical services" will be limited to the following:
1. SALARIES AND BENEFITS: The actual equivalent cost of the salaries and all other monetary benefits paid to or for the benefit of the paramedics assigned by the AGENCY of eighteen (18) paramedic personnel and plus one MSO.
2. Overtime in an amount equivalent to six percent (6%) of projected annual base wages for eighteen (18) ALS certified paramedic personnel (18 Firefighter/Paramedic wage X 6% X 80%= Overtime Allotment).
3. Overtime incurred by the AGENCY due to disability shall not have a maximum limitation and will be reimbursed at 100%. The AGENCY shall maintain physician documentation of disability that resulted in disability overtime scheduling. The AGENCY shall notify the COUNTY of any paramedic that is on disability for an eligible injury. If a medic is on disability, and the AGENCY is reimbursed by a 3rd party payor for any costs that were billed to the COUNTY for this medic, AGENCY shall reimburse the COUNTY for 80% of the amount received from a 3rd party payor.
4. Overtime for backfill (except as required in Exhibit A, paragraph II.A. of this contract), special events (paragraph IV.E) or paramedic disability (paragraph IV.B.3) may be filled by a firefighter at a lower wage, at the discretion of the
3 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 AGENCY. Reimbursement for said firefighter to fill the opening may be requested by the AGENCY.
5. If the AGENCY has adopted a Health Reimbursement Arrangement (HRA) plan offered and administered by the Voluntary Employee’s Beneficiary Association (VEBA) Trust for Public Employees in the Northwest, the COUNTY will reimburse the AGENCY for the AGENCY’s paramedic contribution amount to this Trust on a semi-annual basis.
C. The AGENCY shall submit to the Thurston County Medic One Office, an invoice executed in accordance with Exhibit "B" attached hereto and made a part hereof, no later than the last day of the month following the close of each pay period identified in Section IV.B. of this Contract. Extensions may be granted with advanced written notice to the COUNTY at least 10 business days prior to the deadline. For December invoices submitted in January, the deadline shall be 5 business days prior to January 31st with no extension of the deadline.
D. The COUNTY shall initiate authorization for payment after receipt of the invoice required in Subsection IV.C. and receipt of any required periodic reports identified in Exhibit "A", Section II.B.3., of this Contract and shall make payment to the AGENCY within thirty (30) days thereafter.
E. The COUNTY shall reimburse the AGENCY 100 percent (100%) for expenses incurred by the AGENCY as set forth in Exhibit "A" Section II.B.3. and Section II.B.4. of this Contract and for other services rendered at the direction of the COUNTY. (For example: MPD required CME or ride-along time, CBD trainer, oral boards)
F. The AGENCY may submit expenses incurred by the AGENCY in support of Basic Life Support (BLS) services as identified in Exhibit “B”. These services shall be reimbursed from the AGENCY’s BLS funds and shall not be reimbursable in the event that the AGENCY’s BLS funds are exhausted.
G. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the purchase, under emergency conditions, of equipment/supplies necessary for performance of this Contract. The AGENCY shall submit to the Thurston County Medic One Office, an invoice executed in accordance with Exhibit "B" attached hereto and made a part hereof, no later than the last day of the month following the month of purchase. Extensions may be granted with advanced written notice to the COUNTY at least 10 business days prior to the deadline. For December invoices submitted in January, the deadline shall be 5 business days prior to January 31st with no extension of the deadline.
H. The COUNTY shall pay for all vaccinations, including Hepatitis B, that are required for entry into Providence St. Peter’s Hospital (PSPH) Operating Room. The AGENCY shall be responsible for scheduling the vaccination series for each paramedic, including follow- up titers, to ensure the vaccine was successful. Vaccination records and results of all titers shall be kept at the AGENCY and made available to Medic One and PSPH upon
4 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 request. All paramedics shall receive all vaccinations necessary to be eligible for PSPH Operating Room entry.
If a vaccine is not successful, the COUNTY shall pay for another series of shots. If the series of shots must be restarted due to the failure of a paramedic to obtain the shots on schedule, other than when a medical condition precludes the timely completion of the vaccination series, the AGENCY shall pay for the second vaccine procedure.
If a paramedic refuses vaccination, a signed declination, approved by PSPH and compliant with current Washington State law, shall be completed by the AGENCY and must be provided to PSPH and Medic One upon request. Vaccination or signed release must be initiated within three (3) months of hire and kept at the AGENCY.
I. The COUNTY shall reimburse the AGENCY 50 percent (50%) of the cost for four (4) self contained breathing apparatus (SCBA), to be placed in the primary Medic One vehicles operated by the AGENCY pursuant to paragraph I C.1, or C.2. The AGENCY shall be responsible for the routine maintenance of the SCBA. It is agreed that the anticipated normal service life of the SCBA is five (5) years if subjected to normal wear and tear. In the event that the SCBA is subjected to extensive damage beyond normal wear and tear, and part or all needs to be replaced prior to the anticipated five year service life, such replacement shall be paid on the basis of 50 percent (50%) by the COUNTY and 50 percent (50%) by the AGENCY. The COUNTY shall reimburse the AGENCY 25 percent (25%) for the cost of SCBAs placed on the COUNTY assigned reserve Medic One vehicles. Reserve vehicle SCBAs are subject to the other requirements of this paragraph using this 25 percent (25%) COUNTY reimbursement formula.
J. The COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of AGENCY issued clothing, including bunker gear, for each new paramedic hired. The AGENCY shall maintain and replace the issued clothing due to normal wear and tear or 10 years whichever comes first. If the issued clothing ensemble is destroyed or damaged beyond what can be considered normal wear and tear while conducting paramedic services, and requires replacement sooner than normally expected, the COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of such replacements. The COUNTY will reimburse 100 percent (100%) of the cost of AGENCY required ballistic body armor for personnel under this Contract. The AGENCY agrees to provide protective clothing which meets or exceeds current applicable NFPA, and/or WAC standards.
K. The COUNTY shall reimburse 80 percent (80%) of the costs of annual medical exams and annual audiometric testing for paramedics if the AGENCY provides such testing to their firefighting personnel. The COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of the pre-employment medical and psychological exams given to a paramedic candidate hired to fill a vacancy.
L. The COUNTY shall reimburse the AGENCY for laundry expenses directly associated with providing paramedic personnel to meet contractual obligations (i.e., linens, bedding, coveralls). Reimbursement is based on the following formula: The product of total
5 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 laundry costs multiplied by the ratio of paramedics to operations division personnel multiplied by 80%.
M. The COUNTY shall reimburse the AGENCY a total of $12,230.40 annually for fire station building space dedicated to the Medic 4 and Medic 10 vehicles and backup vehicle(s). Reimbursement is based on the following formula for each unit's footprint and required setbacks as follows: 392 square feet (22 feet by 8 feet, and 3 foot setbacks on all sides) x $0.65 per square foot x 4 vehicles x 12 months. Maximum annual payment is $12,230.40).
N. The AGENCY shall maintain approximately a thirty (30) day level of medical supplies and shall obtain new supplies from the COUNTY. The COUNTY shall reimburse the AGENCY $1,872.00 annually for ALS supply storage space at two (2) fire stations. Reimbursement is based on the following formula: 120 square feet X $0.65 per square foot x 2 offices x 12 months. The AGENCY shall keep records of medical supplies used in the thirty (30) day period and submit these records to the COUNTY on a monthly basis.
O. The COUNTY shall reimburse the AGENCY 100 percent (100%) for overtime costs incurred by paramedics while attending the Medical Program Director's mandatory monthly "in-service" lecture/run review, and when required by the Medical Program Director, or his designees, to attend trainings, which are in excess of the requirements for recertification through the Washington State Department of Health. (For Example: software training, medical equipment training, remedial education).
P. The COUNTY shall initiate authorization for payment after receipt of the AGENCY'S invoice required in Section IV.C., Section IV.E., and Section IV.F. of detailing reimbursement of eligible costs under this Contract and shall make payment to the AGENCY within thirty (30) days thereafter. The AGENCY shall provide appropriate documentation of requested costs.
Q. The COUNTY shall reimburse the AGENCY $2,667.20 annually for fire station office space dedicated for paramedic use, at two (2) fire stations. Reimbursement is based on the following formula: 100 square feet x $16.67 per square foot x 2 offices x 80%, per year.
R. The COUNTY shall provide the AGENCY one annual reimbursement of $20,000.00 per frontline paramedic unit to offset costs associated with managing the Medic 4 and Medic 10 paramedic units in the Medic 4 and Medic 10 paramedic zones. The total annual reimbursement will be $40,000.
S. The COUNTY will budget $210,000 annually for paramedic-in-training support. Each of the three (3) EMS/ALS contract agencies will be allowed two (2) paramedic-in-training positions annually but, by formal agreement between each AGENCY and the COUNTY, an agency may choose to release its annual paramedic-intraining position for use by another EMS/ALS contract AGENCY. The COUNTY will reimburse the AGENCY incurring the cost for paramedic-in-training. The AGENCY will submit the reimbursement claim on standard contract reimbursement forms identifying the approved paramedic-in-training
6 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 by name. The AGENCY shall formally notify their ALS partner agencies of any unused positions. In the event a position will be unused by any ALS agency, the COUNTY shall notify the EMS Council. These funds will then become available to all Thurston County fire agencies for paramedic school support as provided for in EMS Council policy and procedure.
The COUNTY shall reimburse the AGENCY $35,000 fixed payment in two equal installments, one at the beginning and one at completion. If the student is unsuccessful, the second half will not be billed. To be eligible for the reimbursement, the AGENCY must demonstrate the following:
1. The student is currently employed by the AGENCY; and
2. Is up to date on training and is an affiliated Thurston County EMT; and
3. Has undergone an AGENCY designed and MPD approved selection process; and
4. Has successfully gained valid paramedic certification in Washington State; and
5. Has passed the Thurston County Medic One Protocol Test and Oral Boards.
T. If the AGENCY employs more than the allotted (9) paramedics per Medic Unit, the COUNTY shall reimburse the AGENCY the wage differential between assigned position levels and equivalent paramedic step salary for one (1) per medic unit. These paramedics are eligible for continuing medical education (CME) funds as allocated through the Medic One CME Fund policy and are eligible for 100% OT reimbursement for attending in-service.
U. In the event that the AGENCY, or the COUNTY, needs to surge paramedic response capacity or maintain existing capacity due to unforeseeable circumstances for a limited period of time, the allowance for a single paramedic unit with an EMT partner shall be granted for situations as defined in Thurston County Protocol (i.e. MCI, pandemic, extreme call volumes). This allowance does not apply to foreseeable staffing shortages by the AGENCY or the routine operation of seven (7) frontline paramedic response units. The AGENCY is encouraged to coordinate coverage with partner agencies in the event of non-surge, staffing shortfalls.
V. ESTABLISHMENT AND MAINTENANCE OF RECORDS
A. The AGENCY agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be maintained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments," referred to as "BARS," as issued by the Office of the State Auditor, State of Washington.
The AGENCY further agrees that the COUNTY and/or State/Federal officials shall have the right to monitor and audit at their own expense the fiscal components of the
7 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 AGENCY to ensure that actual expenditures remain consistent with the terms of this Contract.
B. The AGENCY shall retain all books, records, documents and other material relevant to this Contract for at least three (3) years after its expiration. The AGENCY agrees that the COUNTY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.
C. The AGENCY'S fiscal management system shall include the capability to provide accurate, current and complete disclosure of the financial status of this Contract upon request.
VI. STANDARDS FOR PARAMEDIC TRAINING
The AGENCY shall require each paramedic operating a COUNTY vehicle to be trained as prescribed in WAC 246-976. The AGENCY shall, upon completion of the initial training and renewal every three years, thereafter, provide the COUNTY documentation that each paramedic is in compliance with the aforementioned training standard.
VII. ASSIGNMENT/SUBCONTRACTING
A. The AGENCY shall not assign any portion of this Contract without the written consent of the COUNTY, and it is further agreed that said consent must be sought in writing by the AGENCY not less than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned hereunder shall be subject to each provision of this Contract and proper bidding procedures where applicable as set forth by local, State and/or Federal statutes, ordinances and guidelines.
C. Any technical/professional service subcontract not listed in this Contract, must have express advance approval by the COUNTY.
VIII. FUTURE SUPPORT
The COUNTY makes no commitment to future support and assumes no obligation for future support of the activity contracted for herein, except as may be expressly set forth in this Contract. All compensation methods and formulas shall be reviewed for appropriateness each contract period.
It is the expressed desire of the AGENCY to assure that the basic compensation formula (IV.B.) and any other methods and formulas in general, shall be made a part of any future contract negotiations. The AGENCY makes no commitment to future support and assumes no obligation for future support of the activity contracted for herein, except as may be expressly set forth in this Contract.
IX. COMPLIANCE WITH LAWS
The parties, in performance of this Contract, agrees to comply with all applicable local, State and/or Federal laws and ordinances, including standards for licensing, certification and
8 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 operation of facilities, programs and accreditation, and licensing of individuals and any other standards or criteria as described in this Contract to assure quality of services.
X. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICES
A. The COUNTY and the AGENCY are equal opportunity employers.
B. The AGENCY agrees that it shall not discriminate against any employee or applicant on the grounds of race, color, religion, sex, sexual orientation, national origin, creed, marital status, age, veteran status, or the presence of any disability; provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the particular worker involved from performing the occupational requirements of the job. The AGENCY shall take such action with respect to this Contract as may be required to ensure full compliance with state and federal law.
C. The AGENCY shall not, on the grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, veteran status or the presence of any disability deny any individual any services or other benefits provided under this Contract.
XI. RELATIONSHIP OF PARTIES
A. The parties agree that an independent contractor relationship is created by this Contract. No agent, employee, servant or representative of the AGENCY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose, and the employees of the AGENCY are not entitled to any of the benefits the COUNTY provides for COUNTY employees. The AGENCY shall be solely and entirely responsible for its acts and for the acts of its agents, and employees during the performance of this Contract.
B. The COUNTY will not exercise control and direction over the work of the AGENCY and is interested primarily in the results to be achieved. However, the services contemplated herein must meet the general approval of the COUNTY and shall be subject to the COUNTY'S general rights of inspection and review to secure the satisfactory completion hereof.
C. In the event that any of the AGENCY'S employees or agents, carry on activities or conduct themselves in any manner which may jeopardize the funding of this Contract, the AGENCY shall be responsible for taking adequate measures to prevent said employee or agent from performing or providing any of the services contained in this Contract.
D. Communications between the AGENCY and the COUNTY shall be addressed to the regular place of business:
9 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 THURSTON COUNTY CITY OF OLYMPIA c/o MEDIC ONE ADMINISTRATOR c/o FIRE CHIEF THURSTON COUNTY MEDIC ONE POST OFFICE BOX 1967 2703 PACIFIC AVE SE, SUITE C OLYMPIA, WA 98507-1967 OLYMPIA, WA 98501
E. In the event that the COUNTY the AGENCY individually or collectively with other AGENCIES providing paramedic services under this contract have reached an impasse regarding a material portion of this contract, the COUNTY and the AGENCY/AGENCIES may mutually agree to seek the services of a neutral third party for the purposes of fact finding and resolution recommendation regarding the specifics of the impasse. The neutral third-party entity shall be mutually agreed upon by all parties prior to engagement of the neutral third-party entity. Further, all parties shall agree to the purpose for which the neutral third-party entity shall be engaged and said purpose will be reduced to writing and signed by all parties. The recommendation of the third party shall be considered a non-binding recommendation. The cost of neutral third-party fact- finding services and recommendation shall be borne equally by all parties involved.
XII. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.
XIII. INDEMNIFICATION; HOLD HARMLESS
A. All services to be rendered or performed under this Contract shall be performed or rendered entirely at the AGENCY'S own risk and the AGENCY expressly agrees to indemnify and hold harmless the COUNTY and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the COUNTY or any person which result from or arise out of the services to be performed by the AGENCY under this Contract; provided, this section shall not apply to liability resulting exclusively from errors or omissions of the COUNTY, its officers, or employees.
B. The COUNTY expressly agrees to indemnify and hold harmless the AGENCY and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the AGENCY which result from or arise out of the failure of products or equipment provided by the COUNTY to the extent such failure results from the negligence of the COUNTY, or the services to be performed by the AGENCY as a result of acting under the express and negligent direction or control of a COUNTY agent or representative, excluding the Medical Program Director or any other medical doctor.
10 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 C. In the event that a claim and/or lawsuit is brought against a party to this Agreement, or against any party's officers, officials or employees for actions arising out of their conduct in responding to a request for assistance, it shall be the duty of each such party to promptly notify the other parties that actually responded to the event which is the subject of such claim or lawsuit that the same has been initiated.
XIV. INSURANCE
A. The COUNTY shall for the duration of this CONTRACT, self-insure or provide insurance coverage for vehicle damage to all vehicles provided under Section I.C. of this Contract.
B. The AGENCY shall maintain the following coverage and conditions for which the COUNTY shall reimburse the AGENCY for the premium expense:
1. Professional Legal Liability: The AGENCY shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the AGENCY'S profession. The policy shall be written subject to limits of not less than $2,000,000.00 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the AGENCY'S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the AGENCY'S services as defined by this Contract including testing, monitoring, measuring operations or laboratory analysis where such services are rendered as part of the Contract.
2. Commercial General Liability: The AGENCY shall maintain Commercial General Liability coverage or equivalent form with a minimum limit of $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this Contract or be no less than $5,000,000.00. Specialized forms specific to the industry of the AGENCY shall be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage.
3. Business Automobile Liability: The AGENCY shall maintain Business Automobile Liability insurance or equivalent form with a limit of not less than $2,000,000.00 each accident combined bodily injury and property damage. Coverage shall include owned, hired and non-owned automobiles.
4. Worker's Compensation: The AGENCY shall maintain Worker's Compensation insurance as required by the Revised Code of Washington Chapter 51 and shall provide evidence of coverage to the Thurston County Risk Management Office. 11 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 5. Verification of Coverage and Acceptability of Insurers: The AGENCY shall furnish the COUNTY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate shall provide that the underlying insurance contract shall not be cancelled, allowed to expire, or be materially reduced in coverage except on thirty (30) days prior written notice to the COUNTY. Any certificate or endorsement limiting or negating the insurer's obligation to notify the COUNTY of cancellation or changes shall be altered so as not to negate the intent of this provision.
(a) Written notice of cancellation or change shall be mailed to the COUNTY at the following address:
Thurston County Department of Human Resources Attn: Thurston County Risk Manager 2000 Lakeridge Drive SW Olympia, Washington 98502-6045
(b) The AGENCY or their broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Office.
(c) The AGENCY shall maintain all required policies in force from the lime services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced.
(d) The AGENCY shall place insurance with insurers licensed to do business in the state of Washington and having AM. Best Company ratings of no less than A:7 with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.
6. Other Insurance Provisions: (a) The AGENCY'S liability insurance policies shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected officials, officers, employees, and agents.
(b) Any failure to comply with reporting provision of the policies shall not affect coverage provided to the COUNTY, its elected officials, officers and employees or agents.
12 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 (c) The AGENCY'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.
(e) The AGENCY shall meet all of the insurance requirements in Sections 5. and 6. by its participation as a member of the Washington Cities Insurance Authority, which includes contractual liability coverage.
7. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the cost of medical malpractice insurance premiums.
8. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the cost of general and auto liability insurance premiums associated with this Contract.
9. The Agency shall submit to the Thurston County Medic One office an invoice executed in accordance with Exhibit "B" attached hereto, no later than November 1st for reimbursement of the cost of insurance as described in Section XIV.B.1. and Section XIV.B.2 and Section XIV.B.3. The AGENCY shall provide documentation with the invoice that supports the amount invoiced.
C. In lieu of the insurance coverage in this section, the AGENCY may satisfy the requirements set forth in Subsection B, by proof of coverage afforded by the Washington Cities Insurance Authority (WCIA).
XV. TREATMENT OF ASSETS
A. Title to all property furnished by the COUNTY shall remain in the name of the COUNTY.
B. Title to all nonexpendable personal property and all real property purchased by the AGENCY, the cost of which the AGENCY is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the COUNTY.
C.1. The COUNTY shall be responsible for any loss or damage to property of the COUNTY incurred in the performance of the Contract which results from: (a) Normal wear and tear; (b) Road hazards not reasonably foreseeable; (c) As among the parties to this Contract, the negligence of a person not a party to this Contract; (d) Theft and vandalism.
C.2. Any other loss or damage to property of the COUNTY incurred in the performance of this Contract shall be borne in the following manner: (a) The AGENCY having control of the property at the time of the loss or damage shall be responsible for the first $500.00 of loss or damage.
13 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 (b) The COUNTY shall be responsible for the remainder.
C.3. The AGENCY shall be responsible for any loss or damage to property of the COUNTY when such loss or damage results from: (a) Willful misconduct or negligence on the part of the AGENCY or its employees. (b) Unauthorized use of vehicle(s) or equipment by AGENCY employees that renders vehicle(s) or equipment provided by the COUNTY unavailable to meet the terms of this Contract. D. Upon the happening of any loss or destruction in excess of $500.00 or damage to any COUNTY property, whether or not covered by Section XV.C. of this Contract, the AGENCY shall take all reasonable steps to notify the Medic One Administrator, of such loss or damage within twenty four (24) hours and shall take all reasonable steps to protect that property from further damage. For any loss or damage in excess of $500.00, the AGENCY shall, in a timely manner, or not to exceed thirty (30) days, submit a comprehensive written report to the Medic One Administrator detailing the events leading to the loss and the results of the investigation into the incident. For loss of less than $500.00 a verbal notification followed by a written memo shall be required.
E. The AGENCY shall surrender to the COUNTY all property of the COUNTY within fifteen (15) days after rescission, termination or completion of this Contract unless another date for surrender of said property is mutually agreed upon by the parties.
XVI. SUSPENSION, TERMINATION AND CLOSE-OUT
If either the AGENCY, or the COUNTY, fails to comply with the terms and conditions of this Contract, each may pursue such remedies as are legally available including, but not limited to, the suspension or termination of this Contract in the manner specified herein.
A. Suspension: If the AGENCY fails to comply with the terms of this Contract, or whenever the AGENCY is unable to substantiate full compliance with the provisions of this Contract, the COUNTY may suspend the Contract pending corrective action or investigation, after first allowing a reasonable period for the AGENCY'S cure. The COUNTY shall provide written notice of intent to suspend the Contract and shall set forth the actions the AGENCY must take, and the time frame within which such action must occur to avoid suspension. If, following such reasonable period for cure the AGENCY fails to cure, the COUNTY may suspend the Contract pending corrective action or investigation by COUNTY employees or their agents. The effective date of suspension shall not be less than seven (7) days following written notification of suspension to the AGENCY. The suspension shall remain in full force and effect until the AGENCY has taken corrective action to the satisfaction of the COUNTY and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligation incurred by the AGENCY during the period of suspension shall be allowable under the Contract except any reasonable, proper and otherwise allowable costs which the AGENCY could not avoid during the period of suspension. If the AGENCY has corrected its action(s) to the satisfaction of the COUNTY, the COUNTY shall immediately notify the AGENCY in writing
14 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 that the period of suspension has ended and shall specify the effective date of the end of such suspension.
B. Termination for Cause by County: If the AGENCY fails to cure the non-compliance issues that resulted in a suspension of the Contract by the COUNTY, and any of the below- listed conditions exist, the COUNTY may terminate this Contract in whole or in part. If the COUNTY exercises its right to terminate the Contract, it shall notify the AGENCY in writing of the effective date of the termination and shall set forth the reasons for termination. The COUNTY shall not give less than 60 days’ notice of intent to terminate the Contract. After the effective date of termination, no charges incurred by the AGENCY under any terminated portions of the Contract are allowable as against the COUNTY, except for any charges reasonably incurred or encumbered prior to the AGENCY receiving notice of intent to terminate.
Non-compliance, and one of the following conditions provides cause for termination: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the COUNTY deems continuation of this Contract to be substantially detrimental to the interests of the COUNTY; 2. The AGENCY has failed to take satisfactory action to correct non- compliance as directed by the COUNTY or its authorized representative within the time specified by same and as set forth in the request to cure notice in Section XVI A.
C. Termination for Cause by Agency: In the event the COUNTY fails to comply with the terms and conditions of this Contract, the AGENCY shall give notice of such failure and allow a reasonable period for the COUNTY'S cure. Thereafter, in the event the COUNTY fails to cure, the AGENCY may terminate part or all of this Contract upon sixty (60) days written notice to the COUNTY.
D. Termination for Other Grounds: This Contract may also be terminated in whole or in part as follows:
1. By either party with the mutual consent of the other party, in which case the two parties shall devise by mutual written agreement, the conditions of termination including the effective date thereof and in case of termination in part, that portion to be terminated;
2. By either party with the mutual consent of the other party, if the funds allocated by the COUNTY via this Contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions.
E. Close-Out: In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply:
15 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 1. Upon written request by the AGENCY, the COUNTY shall make or arrange for payment to the AGENCY of allowable reimbursable costs not covered by previous payments;
2. The AGENCY shall immediately refund to the COUNTY any monies paid in advance for services not performed.
3. The AGENCY shall submit, within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract;
4. In the event a financial audit has not been performed prior to close out of this Contract, the COUNTY retains the right to withhold a just and reasonable sum from the final payment to the AGENCY after fully considering the recommendations on disallowed costs resulting from the final audit. XVII. JURISDICTION
A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to interpretation and performance.
B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington or either of the two nearest judicial districts pursuant to RCW 36.01.050. XVIII. SEVERABILITY
A. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with a statute of the State of Washington, said provision which may conflict therewith shall be deemed modified to conform to such statutory provision.
XIX. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Contract shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and is cause for termination. Both parties recognize time is of the essence in the performance of the provision of this Contract. It is also agreed by the parties that the forgiveness of the non- performance of any provision of this Contract does not constitute a waiver of the provisions of this Contract. 16 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022
EXHIBIT A: SERVICES
I. SERVICE AREA
The following services shall be provided within Thurston County during the term of this Contract. The units will be known as “Medic 4” and “Medic 10.” The normal paramedic service area will be the areas known as the "Medic 4 Olympia" zone and "Medic 10 West County” zone as described by the COUNTY. The AGENCY will be responsible for consistently stationing units within each zone and providing service with the described paramedic units within the Medic 4 (station O-4 ) and Medic 10 (station O-2) zones. The COUNTY is required to notify the AGENCY in writing at least 6 months prior to any change in Medic Unit station base location stated herein unless changed under special circumstances. The AGENCY will respond to other emergency paramedic dispatches/zones as a normal part of the integrated Thurston County Medic One system and Medic Units will be considered a COUNTY resource for response and coordination purposes.
II. SERVICES
A. The AGENCY shall provide four (4) Thurston County approved and Washington State certified "Physician's Trained Mobile Intensive Care Paramedic" to staff two (2) ambulances equipped to furnish emergency medical assistance twenty-four (24) hours a day seven (7) days a week except as provided in Section IV(U) of the AGREEMENT. The AGENCY shall provide advanced emergency medical services as prescribed by the State designated supervising physician.
1. The requirements for a "Physician's Trained Mobile Intensive Care Paramedic" are defined under RCW 18.71.205 and Chapter 246-976 WAC.
2. The requirements for an equipped ambulance are defined under Chapter 18.73 RCW and Chapter 246-976 WAC.
3. The authority of the State designated supervising physician is defined under RCW 18.71.205 and Chapter 246-976 WAC.
B. The AGENCY and the COUNTY are responsible for supplies, purchasing and ambulance maintenance as follows:
1. The AGENCY shall purchase fuel, oil and other vehicle supplies for any vehicles provided under Section I.C of this Contract. The AGENCY shall either be reimbursed by the COUNTY or forward bills to the COUNTY for payment directly to the Supplier; depending on the convenience of the COUNTY.
2. The AGENCY shall maintain records of fuel consumption.
3. AGENCY shall accomplish or coordinate routine maintenance which is servicing of such vehicles of at least minimum level of the written specifications as provided by the manufacturer of the vehicle and will coordinate with the COUNTY'S EVT (Emergency Vehicle Technician) contracted maintenance AGENCY to provide said maintenance. Reimbursement shall only be for services 18 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 provided by other than paramedic personnel. The COUNTY'S maintenance provider shall be the COUNTY'S designated EVT maintenance agency or a mutually acceptable alternative. Daily, weekly, and/or monthly inspections shall be completed according to AGENCY policy and made available to the COUNTY upon request.
4. The AGENCY shall provide repairs and maintenance of such vehicles other than routine as needed. Such services shall be coordinated with the COUNTY and the COUNTY shall be notified and must approve in advance, except under emergency conditions, any repair expected to exceed $1,000.00. Request for payment shall be submitted to the COUNTY in a timely manner, not to exceed sixty (60) days after completion of work.
19 | Page INTERGOVERNMENTAL EMS CONTRACT CITY OF OLYMPIA 2021-2022 EXHIBIT B: INVOICING
INTERGOVERNMENTALS CONTRACT INVOICE
VENDOR: THURSTON COUNTY MEDIC ONE ATTN: SANDRA BUSH, ADMINISTRATIVE SUPERVISOR 2703 PACIFIC AVENUE SE, SUITE C OLYMPIA, WASHINGTON 98501 Phone: 360.704.2784 Fax: 360.704.2781 E-mail: [email protected] SERVICE DESCRIPTION CODE AMOUNT MEDICAL SUPPLIES* 28 531012 EMPLOYEE UNIFORMS, BODY ARMOR* 28 531003 ROUTINE LAUNDRY SERVICE - MONTHS(S) OF 28 541000 FUEL/OIL - MONTH(S) OF 28 532000 SCBA GEAR* 28 535000 ADMINISTERED MEDICAL SERVICES* 28 541000 STORAGE/SPACE REIMBURSEMENT - ALS Supply & Medic Unit Storage, PM Office Space 25 545000 LIABILITY INSURANCE* 25 546000 MEDIC UNIT REPAIRS* - PARTS ONLY 28 531000 MEDIC UNIT REPAIRS* - LABOR ONLY 28 548003 BIO HAZARD REMOVAL* 28 549000 80% PERSONNEL COSTS - MONTH OF 25 541000 $0.00 89% PERSONNEL COSTS - MONTH OF 25 541000 $0.00 100% DISABILITY OVERTIME COSTS - MONTH OF 25 541000 $0.00 BLS INVOICING 85 531000 OTHER (DETAIL) OTHER (DETAIL) OTHER (DETAIL)
*ATTACH COPIES OF PAID INVOICES FOR THESE ITEMS INVOICE TOTAL: $0.00
e undersigned do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described here and that the claim is a just, due and unpaid obligation against the County of Thurston, and that I am authorized to authenticate and certify to said claim.
Subscribed this day of , 20___ for Contractor VOUCHER APPROVED AND PREPARER AUTHORIZED BY* For Contractor MEDIC ONE APPROVED AND AUDITOR AUTHORIZED BY For Medic One
INVOICES ARE DUE TO MEDIC ONE BY THE THIRD TUESDAY OF THE MONTH FOLLOWING THE MONTH OF SERVICE
*Original signature of ALS Contractor's chief officer, administrative or accounting supervisor required. INTERGOVERNMENT ALS CONTRACT 80% PERSONNEL COSTS
CONTRACTOR: MEDIC UNIT: FOR THE MONTH OF:
HOLIDAY EMPLOYER SALARY 6% OT EMPLOYEE SALARY PAY BENEFITS RETIREMENT LONGEVITY PAID TAXES ADJUSTMENTS CAP
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL PERSONNEL COSTS: $0.00
X .80 = $0.00
TRANSFER TOTAL TO 80% PERSONNEL COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 89% PERSONNEL COSTS
CONTRACTOR: MEDIC UNIT: FOR THE MONTH OF:
HOLIDAY EMPLOYER SALARY 6% OT EMPLOYEE SALARY PAY BENEFITS RETIREMENT LONGEVITY PAID TAXES ADJUSTMENTS CAP
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL PERSONNEL COSTS: $0.00
X .89 = $0.00
TRANSFER TOTAL TO 80% PERSONNEL COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 100% DISABILITY OVERTIME PERSONNEL COSTS
CONTRACTOR: FOR THE MONTH OF:
OVERTIME EMPLOYEE OVERTIME OVERTIME EMPLOYEE DATE(S) COVERED RATE HOURS TOTALS
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00
100% $0.00
TRANSFER TOTAL TO 100% DISABILITY COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 100% INSERVICE OVERTIME PERSONNEL COSTS
CONTRACTOR: FOR THE MONTH OF:
OVERTIME EMPLOYEE OVERTIME OVERTIME EMPLOYEE DATE(S) COVERED RATE HOURS TOTALS
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00
100% $0.00
TRANSFER TOTAL TO 100% DISABILITY COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL EMS CONTRACT
THIS CONTRACT is made and entered into in duplicate originals this day by and between the COUNTY OF THURSTON, a municipal corporation, hereinafter referred to as the 'COUNTY' and the LACEY FIRE DISTRICT #3, a municipal corporation, hereinafter referred to as the 'AGENCY';
WHEREAS, Chapter 39.34 RCW authorizes local governments to enter into agreements for joint and cooperative undertakings; and
WHEREAS, regulations over the provision of emergency medical services include Chapters 18.71, 18.73, 70.168 RCW and Chapter 246-976 WAC; and
WHEREAS, RCW 70.168.120 authorizes the County to establish local emergency care councils; and WHEREAS, Thurston County Medic One is supported by a county wide levy in order to provide county wide emergency medical services as provided by law; and
WHEREAS, certain local agencies have the resources including human resources available to provide such services at the requisite level of quality and training; and
WHEREAS, the COUNTY desires to have the AGENCY perform emergency medical services as hereinafter set forth; requiring specialized skills and other supportive capabilities; and
WHEREAS, the COUNTY and the AGENCY agree to jointly explore a variety of innovative strategies to maximize the Thurston County prehospital healthcare delivery model; and
WHEREAS, sufficient COUNTY resources are not available to provide such services; and
WHEREAS, the AGENCY represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract;
THEREFORE, in consideration of the terms, conditions, covenants, and performance, contained herein, the parties hereto mutually agree as follows:
I. SERVICES
A. The AGENCY shall perform such services and accomplish such tasks, as are identified and designated as AGENCY responsibilities throughout this Contract and as detailed in Exhibit "A" attached hereto and made a part hereof.
B. The COUNTY shall purchase and provide all materials and equipment necessary for the full performance of this Contract by AGENCY except as provided in Paragraph IV.E. of this Contract.
C.1. The COUNTY, through the Thurston County Emergency Medical Services Fund, shall provide the AGENCY with vehicles designed and equipped to furnish emergency medical services as required by law, twenty-four (24) hours a day, seven (7) days a week. AGENCY agrees to maintain said vehicles at all times so that they meet the following 1 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 standards: State of Washington Department of Health; Office of Emergency Medical Services and Trauma Systems as contained in Chapter 18.73, Chapter 18.71 and Chapter 70.168 RCW; and all applicable Washington Administrative Codes and regulations in effect at the time of this Contract as written and hereafter amended. AGENCY agrees that such vehicles will at all times be equipped with equipment necessary to provide the services contemplated by this Contract. Said vehicles and equipment shall remain the property of the COUNTY.
C.2 In lieu of a County vehicle, the AGENCY may provide a mutually acceptable vehicle for which the COUNTY shall reimburse the AGENCY $25.00 per day for each day said vehicle is in use as the paramedic response vehicle. Additionally, the COUNTY may provide a mutually acceptable vehicle for which the AGENCY shall reimburse the COUNTY $25.00 per day for each day of said vehicle use as a BLS response unit. Both the AGENCY and the COUNTY shall coordinate the use of these vehicles prior to their utilization as response units. "Use" is defined as: in working order and available for use by the AGENCY.
C.3. The COUNTY may, with the approval of the AGENCY, provide the AGENCY with an additional vehicle designed and equipped to furnish emergency medical services as required by law. The AGENCY duties set out in Section I.C.1. and Exhibit "A." 11.B. 1-4 of this Contract shall also apply to any such additional vehicle. Such vehicle and equipment shall also remain the property of the COUNTY.
C.4. Using a mutually agreed upon advanced notification process, the AGENCY may remove a primary Medic Unit from the deployment model for paramedic-level, and suppression- related training following notification of the COUNTY and coordination with partner agencies. At any given time, only one of seven Medic Units shall be marked as Out Of Service (OOS) in CAD, and for no greater than 4 hours at a time.
II. EFFECTIVE DATE; DURATION
The term of this Contract and the performance of the AGENCY shall commence on January 1, 2021. This Contract will terminate on December 31, 2022. This agreement replaces and supersedes all prior interlocal agreements regarding the subject matter contained in this agreement. This Contract may be extended or terminated upon mutual agreement between the parties hereto and pursuant to the terms and conditions herein.
Ill. THE EMERGENCY MEDICAL SERVICES SYSTEMS COUNCIL
A. The AGENCY and the COUNTY shall coordinate the services described in Exhibit "A" through the Emergency Medical Services Council (EMS Council).
B. The EMS Council is formally established by Thurston County Board of Commissioners Resolution No. 6131, and the EMS Council is recognized by the Washington State Department of Health.
C. The EMS Council shall advise the AGENCY and the COUNTY with regard to the formulation and implementation of an Emergency Medical Services System consistent 2 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 with State and Federal guidelines. The EMS Council is not a party to this Contract, and nothing herein shall serve to create third party rights in favor of the EMS Council, or any other person, or entity not specifically identified as a party to this Contract.
IV. COMPENSATION AND METHOD OF PAYMENT
A. No payment by the COUNTY shall be made for any service rendered by AGENCY except for services identified and set forth in this Contract.
B. The COUNTY shall reimburse the AGENCY in twenty-four (24) monthly payments for the cost of paramedical services performed under this contract in an amount equivalent to 80 percent (80%) of said costs for the 9-medic dual paramedic staffed units known as “Medic 3,” “Medic 6,” and “Medic 2.” The COUNTY shall continuously pay 80% of the costs for the 9-medic dual paramedic staffed units, regardless of whether the position is currently occupied. Any unfilled paramedic position will be paid at the third paramedic step with benefits included at the weighted rate.
In addition, the AGENCY will be reimbursed 80 percent (80%) of said costs for up to one (1) Medical Services Officer (MSO) at any rank within the bargaining unit. Said MSO will not be counted when calculating the staffing allocation described herein. Reimbursement for this position will be contingent on deliverables. The deliverables will be developed jointly with the AGENCY and the COUNTY and approved by the Director of Medic One prior to the effective date of the contract. For the purposes of paragraph IV(B) of this Contract cost of "paramedical services" will be limited to the following:
1. SALARIES AND BENEFITS: The actual equivalent cost of the salaries and all other monetary benefits paid to or for the benefit of the paramedics assigned by the AGENCY of twenty-seven (27) paramedic personnel plus one MSO
2. Overtime in an amount equivalent to six percent (6%) of projected annual base wages for twenty-seven (27) ALS certified paramedic personnel (27 Firefighter/Paramedic wage X 6% X 80%= Overtime Allotment).
3. Overtime incurred by the AGENCY due to disability shall not have a maximum limitation and will be reimbursed at 100%. The AGENCY shall maintain physician documentation of disability that resulted in disability overtime scheduling. The AGENCY shall notify the COUNTY of any paramedic that is on disability for an eligible injury. If a medic is on disability, and the AGENCY is reimbursed by a 3rd party payor for any costs that were billed to the COUNTY for this medic, AGENCY shall reimburse the COUNTY for 80% of the amount received from a 3rd party payor.
4. Overtime for backfill (except as required in Exhibit A, paragraph II.A. of this contract), special events (paragraph IV.E) or paramedic disability (paragraph IV.B.4) may be filled by a firefighter at a lower wage, at the discretion of the
3 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 AGENCY. Reimbursement for said firefighter to fill the opening may be requested by the AGENCY.
5. If the AGENCY has adopted a Health Reimbursement Arrangement (HRA) plan offered and administered by the Voluntary Employee’s Beneficiary Association (VEBA) Trust for Public Employees in the Northwest, the COUNTY will reimburse the AGENCY for the AGENCY’s paramedic contribution amount to this Trust on a semi-annual basis.
C. The AGENCY shall submit to the Thurston County Medic One Office, an invoice executed in accordance with Exhibit "B" attached hereto and made a part hereof, no later than the last day of the month following the close of each pay period identified in Section IV.B. of this Contract. Extensions may be granted with advanced written notice to the COUNTY at least 10 business days prior to the deadline. For December invoices submitted in January, the deadline shall be 5 business days prior to January 31st with no extension of the deadline.
D. The COUNTY shall initiate authorization for payment after receipt of the invoice required in Subsection IV.C. and receipt of any required periodic reports identified in Exhibit "A", Section II.B.6., of this Contract and shall make payment to the AGENCY within thirty (30) days thereafter.
E. The COUNTY shall reimburse the AGENCY 100 percent (100%) for expenses incurred by the AGENCY as set forth in Exhibit "A" Section II.B.3. and Section II.B.4. of this Contract and for other services rendered at the direction of the COUNTY. (For example: MPD required CME or ride-along time, CBD trainer, oral boards)
F. The AGENCY may submit expenses incurred by the AGENCY in support of Basic Life Support (BLS) services as identified in Exhibit “B”. These services shall be reimbursed from the AGENCY’s BLS funds, and shall not be reimbursable in the event that the AGENCY’s BLS funds are exhausted.
G. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the purchase, under emergency conditions, of equipment/supplies necessary for performance of this Contract. The AGENCY shall submit to the Thurston County Medic One Office, an invoice executed in accordance with Exhibit "B" attached hereto and made a part hereof, no later than the last day of the month following the month of purchase. Extensions may be granted with advanced written notice to the COUNTY at least 10 business days prior to the deadline. For December invoices submitted in January, the deadline shall be 5 business days prior to January 31st with no extension of the deadline.
H. The COUNTY shall pay for all vaccinations, including Hepatitis B, that are required for entry into Providence St. Peter’s Hospital (PSPH) Operating Room. The AGENCY shall be responsible for scheduling the vaccination series for each paramedic, including follow- up titers, to ensure the vaccine was successful. Vaccination records and results of all titers shall be kept at the AGENCY and made available to Medic One and PSPH upon
4 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 request. All paramedics shall receive all vaccinations necessary to be eligible for PSPH Operating Room entry.
If a vaccine is not successful, the COUNTY shall pay for another series of shots. If the series of shots must be restarted due to the failure of a paramedic to obtain the shots on schedule, other than when a medical condition precludes the timely completion of the vaccination series, the AGENCY shall pay for the second vaccine procedure.
If a paramedic refuses vaccination, a signed declination, approved by PSPH and compliant with current Washington State law, shall be completed by the AGENCY and must be provided to PSPH and Medic One upon request. Vaccination or signed release must be initiated within three (3) months of hire and kept at the AGENCY.
I. The COUNTY shall reimburse the AGENCY 50 percent (50%) of the cost for six (6) self contained breathing apparatus (SCBA), to be placed in the primary Medic One vehicles operated by the AGENCY pursuant to paragraph I C.1, or C.2. The AGENCY shall be responsible for the routine maintenance of the SCBA. It is agreed that the anticipated normal service life of the SCBA is five (5) years if subjected to normal wear and tear. In the event that the SCBA is subjected to extensive damage beyond normal wear and tear, and part or all needs to be replaced prior to the anticipated five year service life, such replacement shall be paid on the basis of 50 percent (50%) by the COUNTY and 50 percent (50%) by the AGENCY. The COUNTY shall reimburse the AGENCY 25 percent (25%) for the cost of SCBAs placed on the COUNTY assigned reserve Medic One vehicles. Reserve vehicle SCBAs are subject to the other requirements of this paragraph using this 25 percent (25%) COUNTY reimbursement formula.
J. The COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of AGENCY issued clothing, including bunker gear, for each new paramedic hired. The AGENCY shall maintain and replace the issued clothing due to normal wear and tear or 10 years whichever comes first. If the issued clothing ensemble is destroyed or damaged beyond what can be considered normal wear and tear while conducting paramedic services, and requires replacement sooner than normally expected, the COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of such replacements. The COUNTY will reimburse 100 percent (100%) of the cost of AGENCY required ballistic body armor for personnel under this Contract. The AGENCY agrees to provide protective clothing which meets or exceeds current applicable NFPA, and/or WAC standards.
K. The COUNTY shall reimburse 80 percent (80%) of the costs of annual medical exams and annual audiometric testing for paramedics if the AGENCY provides such testing to their firefighting personnel. The COUNTY shall reimburse the AGENCY 80 percent (80%) of the cost of the pre-employment medical and psychological exams given to a paramedic candidate hired to fill a vacancy.
L. The COUNTY shall reimburse the AGENCY for laundry expenses directly associated with providing paramedic personnel to meet contractual obligations (i.e., linens, bedding, coveralls). Reimbursement is based on the following formula: The product of total
5 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 laundry costs multiplied by the ratio of paramedics to operations division personnel multiplied by 80%.
M. The COUNTY shall reimburse the AGENCY a total of $9,172.80 annually for fire station building space dedicated to the Medic 3 and Medic 6 vehicles and backup vehicle(s). Reimbursement is based on the following formula for each unit's footprint and required setbacks as follows: 392 square feet (22 feet by 8 feet, and 3 foot setbacks on all sides) x $0.65 per square foot x 3 vehicles x 12 months. Maximum annual payment is $9,172.80).
N. The AGENCY shall maintain approximately a thirty (30) day level of medical supplies and shall obtain new supplies from the COUNTY. The COUNTY shall reimburse the AGENCY $1,872.00 annually for ALS supply storage space at two (2) fire stations. Reimbursement is based on the following formula: 120 square feet X $0.65 per square foot x 2 offices x 12 months. The AGENCY shall keep records of medical supplies used in the thirty (30) day period and submit these records to the COUNTY on a monthly basis.
O. The COUNTY shall reimburse the AGENCY 100 percent (100%) for overtime costs incurred by paramedics while attending the Medical Program Director's mandatory monthly "in-service" lecture/run review, and when required by the Medical Program Director, or his designees, to attend trainings, which are in excess of the requirements for recertification through the Washington State Department of Health. (For Example: software training, medical equipment training, remedial education).
P. The COUNTY shall initiate authorization for payment after receipt of the AGENCY'S invoice required in Section IV.C., Section IV.E., and Section IV.F. of detailing reimbursement of eligible costs under this Contract and shall make payment to the AGENCY within thirty (30) days thereafter. The AGENCY shall provide appropriate documentation of requested costs.
Q The COUNTY shall reimburse the AGENCY $2,667.20 annually for fire station office space dedicated for paramedic use, at two (2) fire stations. Reimbursement is based on the following formula: 100 square feet x $16.67 per square foot x 2 offices x 80%, per year.
R. The COUNTY shall provide the AGENCY one annual reimbursement of $20,000.00 per frontline paramedic unit to offset costs associated with managing the Medic 3, Medic 6, and Medic 2 paramedic units in the Medic 3, Medic 6, and Medic 2 paramedic zones. The total annual reimbursement will be $60,000.
S. The COUNTY will budget $210,000 annually for paramedic-in-training support. Each of the three (3) EMS/ALS contract agencies will be allowed two (2) paramedic-in-training positions annually but, by formal agreement between each AGENCY and the COUNTY, an agency may choose to release its annual paramedic-intraining position for use by another EMS/ALS contract AGENCY. The COUNTY will reimburse the AGENCY incurring the cost for paramedic-in-training. The AGENCY will submit the reimbursement claim on standard contract reimbursement forms identifying the approved paramedic-in-training
6 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 by name. The AGENCY shall formally notify their ALS partner agencies of any unused positions. In the event a position will be unused by any ALS agency, the COUNTY shall notify the EMS Council. These funds will then become available to all Thurston County fire agencies for paramedic school support as provided for in EMS Council policy and procedure.
The COUNTY shall reimburse the AGENCY $35,000 fixed payment in two equal installments, one at the beginning and one at completion. If the student is unsuccessful, the second half will not be billed. To be eligible for the reimbursement, the AGENCY must demonstrate the following:
1. The student is currently employed by the AGENCY; and
2. Is up-to-date on training and is an affiliated Thurston County EMT; and
3. Has undergone an AGENCY designed and MPD approved selection process; and
4. Has successfully gained valid paramedic certification in Washington State; and
5. Has passed the Thurston County Medic One Protocol Test and Oral Boards.
T. If the AGENCY employs more than the allotted (9) paramedics per Medic Unit, the COUNTY shall reimburse the AGENCY the wage differential between assigned position levels and equivalent paramedic step salary for one (1) per medic unit. These paramedics are eligible for continuing medical education (CME) funds as allocated through the Medic One CME Fund policy and are eligible for 100% OT reimbursement for attending in-service.
U. In the event that the AGENCY, or the COUNTY, needs to surge paramedic response capacity or maintain existing capacity due to unforeseeable circumstances for a limited period of time, the allowance for a single paramedic unit with an EMT partner shall be granted for situations as defined in Thurston County Protocol (i.e. MCI, pandemic, extreme call volumes). This allowance does not apply to foreseeable staffing shortages by the AGENCY or the routine operation of seven (7) frontline paramedic response units. The AGENCY is encouraged to coordinate coverage with partner agencies in the event of non-surge, staffing shortfalls.
V. ESTABLISHMENT AND MAINTENANCE OF RECORDS
A. The AGENCY agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be maintained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments," referred to as "BARS," as issued by the Office of the State Auditor, State of Washington.
The AGENCY further agrees that the COUNTY and/or State/Federal officials shall have the right to monitor and audit at their own expense the fiscal components of the
7 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 AGENCY to ensure that actual expenditures remain consistent with the terms of this Contract.
B. The AGENCY shall retain all books, records, documents and other material relevant to this Contract for at least three (3) years after its expiration. The AGENCY agrees that the COUNTY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.
C. The AGENCY'S fiscal management system shall include the capability to provide accurate, current and complete disclosure of the financial status of this Contract upon request.
VI. STANDARDS FOR PARAMEDIC TRAINING
The AGENCY shall require each paramedic operating a COUNTY vehicle to be trained as prescribed in WAC 246-976. The AGENCY shall, upon completion of the initial training and renewal every three years, thereafter, provide the COUNTY documentation that each paramedic is in compliance with the aforementioned training standard.
VII. ASSIGNMENT/SUBCONTRACTING
A. The AGENCY shall not assign any portion of this Contract without the written consent of the COUNTY, and it is further agreed that said consent must be sought in writing by the AGENCY not less than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned hereunder shall be subject to each provision of this Contract and proper bidding procedures where applicable as set forth by local, State and/or Federal statutes, ordinances and guidelines.
C. Any technical/professional service subcontract not listed in this Contract, must have express advance approval by the COUNTY.
VIII. FUTURE SUPPORT
The COUNTY makes no commitment to future support and assumes no obligation for future support of the activity contracted for herein, except as may be expressly set forth in this Contract. All compensation methods and formulas shall be reviewed for appropriateness each contract period.
It is the expressed desire of the AGENCY to assure that the basic compensation formula (IV.B.) and any other methods and formulas in general, shall be made a part of any future contract negotiations. The AGENCY makes no commitment to future support and assumes no obligation for future support of the activity contracted for herein, except as may be expressly set forth in this Contract.
IX. COMPLIANCE WITH LAWS
The parties, in performance of this Contract, agrees to comply with all applicable local, State and/or Federal laws and ordinances, including standards for licensing, certification and
8 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 operation of facilities, programs and accreditation, and licensing of individuals and any other standards or criteria as described in this Contract to assure quality of services.
X. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICES
A. The COUNTY and the AGENCY are equal opportunity employers.
B. The AGENCY agrees that it shall not discriminate against any employee or applicant on the grounds of race, color, religion, sex, sexual orientation, national origin, creed, marital status, age, veteran status, or the presence of any disability; provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the particular worker involved from performing the occupational requirements of the job. The AGENCY shall take such action with respect to this Contract as may be required to ensure full compliance with state and federal law.
C. The AGENCY shall not, on the grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, veteran status or the presence of any disability deny any individual any services or other benefits provided under this Contract.
XI. RELATIONSHIP OF PARTIES
A. The parties agree that an independent contractor relationship is created by this Contract. No agent, employee, servant or representative of the AGENCY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose, and the employees of the AGENCY are not entitled to any of the benefits the COUNTY provides for COUNTY employees. The AGENCY shall be solely and entirely responsible for its acts and for the acts of its agents, and employees during the performance of this Contract.
B. The COUNTY will not exercise control and direction over the work of the AGENCY and is interested primarily in the results to be achieved. However, the services contemplated herein must meet the general approval of the COUNTY and shall be subject to the COUNTY'S general rights of inspection and review to secure the satisfactory completion hereof.
C. In the event that any of the AGENCY'S employees or agents, carry on activities or conduct themselves in any manner which may jeopardize the funding of this Contract, the AGENCY shall be responsible for taking adequate measures to prevent said employee or agent from performing or providing any of the services contained in this Contract.
D. Communications between the AGENCY and the COUNTY shall be addressed to the regular place of business:
9 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 THURSTON COUNTY LACEY FIRE DISTRICT #3 c/o MEDIC ONE ADMINISTRATOR c/o FIRE CHIEF THURSTON COUNTY MEDIC ONE 1231 FRANZ ST. SE 2703 PACIFIC AVE SE, SUITE C LACEY WA 98503 OLYMPIA, WA 98501
E. In the event that the COUNTY the AGENCY individually or collectively with other AGENCIES providing paramedic services under this contract have reached an impasse regarding a material portion of this contract, the COUNTY and the AGENCY/AGENCIES may mutually agree to seek the services of a neutral third party for the purposes of fact finding and resolution recommendation regarding the specifics of the impasse. The neutral third-party entity shall be mutually agreed upon by all parties prior to engagement of the neutral third-party entity. Further, all parties shall agree to the purpose for which the neutral third-party entity shall be engaged and said purpose will be reduced to writing and signed by all parties. The recommendation of the third party shall be considered a non-binding recommendation. The cost of neutral third-party fact- finding services and recommendation shall be borne equally by all parties involved.
XII. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.
XIII. INDEMNIFICATION; HOLD HARMLESS
A. All services to be rendered or performed under this Contract shall be performed or rendered entirely at the AGENCY'S own risk and the AGENCY expressly agrees to indemnify and hold harmless the COUNTY and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the COUNTY or any person which result from or arise out of the services to be performed by the AGENCY under this Contract; provided, this section shall not apply to liability resulting exclusively from errors or omissions of the COUNTY, its officers, or employees.
B. The COUNTY expressly agrees to indemnify and hold harmless the AGENCY and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the AGENCY which result from or arise out of the failure of products or equipment provided by the COUNTY to the extent such failure results from the negligence of the COUNTY, or the services to be performed by the AGENCY as a result of acting under the express and negligent direction or control of a COUNTY agent or representative, excluding the Medical Program Director or any other medical doctor.
10 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 C. In the event that a claim and/or lawsuit is brought against a party to this Agreement, or against any party's officers, officials or employees for actions arising out of their conduct in responding to a request for assistance, it shall be the duty of each such party to promptly notify the other parties that actually responded to the event which is the subject of such claim or lawsuit that the same has been initiated.
XIV. INSURANCE
A. The COUNTY shall for the duration of this CONTRACT, self-insure or provide insurance coverage for vehicle damage to all vehicles provided under Section I.C. of this Contract.
B. The AGENCY shall maintain the following coverage and conditions for which the COUNTY shall reimburse the AGENCY for the premium expense:
1. Professional Legal Liability: The AGENCY shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the AGENCY'S profession. The policy shall be written subject to limits of not less than $2,000,000.00 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the AGENCY'S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the AGENCY'S services as defined by this Contract including testing, monitoring, measuring operations or laboratory analysis where such services are rendered as part of the Contract.
2. Commercial General Liability: The AGENCY shall maintain Commercial General Liability coverage or equivalent form with a minimum limit of $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this Contract or be no less than $5,000,000.00. Specialized forms specific to the industry of the AGENCY shall be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage.
3. Business Automobile Liability: The AGENCY shall maintain Business Automobile Liability insurance or equivalent form with a limit of not less than $2,000,000.00 each accident combined bodily injury and property damage. Coverage shall include owned, hired and non-owned automobiles.
4. Worker's Compensation: The AGENCY shall maintain Worker's Compensation insurance as required by the Revised Code of Washington Chapter 51 and shall provide evidence of coverage to the Thurston County Risk Management Office. 11 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 5. Verification of Coverage and Acceptability of Insurers: The AGENCY shall furnish the COUNTY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate shall provide that the underlying insurance contract shall not be cancelled, allowed to expire, or be materially reduced in coverage except on thirty (30) days prior written notice to the COUNTY. Any certificate or endorsement limiting or negating the insurer's obligation to notify the COUNTY of cancellation or changes shall be altered so as not to negate the intent of this provision.
(a) Written notice of cancellation or change shall be mailed to the COUNTY at the following address:
Thurston County Department of Human Resources Attn: Thurston County Risk Manager 2000 Lakeridge Drive SW Olympia, Washington 98502-6045
(b) The AGENCY or their broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Office.
(c) The AGENCY shall maintain all required policies in force from the lime services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced.
(d) The AGENCY shall place insurance with insurers licensed to do business in the state of Washington and having AM. Best Company ratings of no less than A:7 with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.
6. Other Insurance Provisions: (a) The AGENCY'S liability insurance policies shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected officials, officers, employees, and agents.
(b) Any failure to comply with reporting provision of the policies shall not affect coverage provided to the COUNTY, its elected officials, officers and employees or agents.
12 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 (c) The AGENCY'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.
(e) The AGENCY shall meet all of the insurance requirements in Sections 5. and 6. by its participation as a member of the Washington Cities Insurance Authority, which includes contractual liability coverage.
7. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the cost of medical malpractice insurance premiums.
8. The COUNTY shall reimburse the AGENCY 100 percent (100%) for the cost of general and auto liability insurance premiums associated with this Contract.
9. The Agency shall submit to the Thurston County Medic One office an invoice executed in accordance with Exhibit "B" attached hereto, no later than November 1st for reimbursement of the cost of insurance as described in Section XIV.B.1. and Section XIV.B.2 and Section XIV.B.3. The AGENCY shall provide documentation with the invoice that supports the amount invoiced.
C. In lieu of the insurance coverage in this section, the AGENCY may satisfy the requirements set forth in Subsection B, by proof of coverage afforded by the Washington Cities Insurance Authority (WCIA).
XV. TREATMENT OF ASSETS
A. Title to all property furnished by the COUNTY shall remain in the name of the COUNTY.
B. Title to all nonexpendable personal property and all real property purchased by the AGENCY, the cost of which the AGENCY is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the COUNTY.
C.1. The COUNTY shall be responsible for any loss or damage to property of the COUNTY incurred in the performance of the Contract which results from: (a) Normal wear and tear; (b) Road hazards not reasonably foreseeable; (c) As among the parties to this Contract, the negligence of a person not a party to this Contract; (d) Theft and vandalism.
C.2. Any other loss or damage to property of the COUNTY incurred in the performance of this Contract shall be borne in the following manner: (a) The AGENCY having control of the property at the time of the loss or damage shall be responsible for the first $500.00 of loss or damage.
13 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 (b) The COUNTY shall be responsible for the remainder.
C.3. The AGENCY shall be responsible for any loss or damage to property of the COUNTY when such loss or damage results from: (a) Willful misconduct or negligence on the part of the AGENCY or its employees. (b) Unauthorized use of vehicle(s) or equipment by AGENCY employees that renders vehicle(s) or equipment provided by the COUNTY unavailable to meet the terms of this Contract. D. Upon the happening of any loss or destruction in excess of $500.00 or damage to any COUNTY property, whether or not covered by Section XV.C. of this Contract, the AGENCY shall take all reasonable steps to notify the Medic One Administrator, of such loss or damage within twenty four (24) hours and shall take all reasonable steps to protect that property from further damage. For any loss or damage in excess of $500.00, the AGENCY shall, in a timely manner, or not to exceed thirty (30) days, submit a comprehensive written report to the Medic One Administrator detailing the events leading to the loss and the results of the investigation into the incident. For loss of less than $500.00 a verbal notification followed by a written memo shall be required.
E. The AGENCY shall surrender to the COUNTY all property of the COUNTY within fifteen (15) days after rescission, termination or completion of this Contract unless another date for surrender of said property is mutually agreed upon by the parties.
XVI. SUSPENSION, TERMINATION AND CLOSE-OUT
If either the AGENCY, or the COUNTY, fails to comply with the terms and conditions of this Contract, each may pursue such remedies as are legally available including, but not limited to, the suspension or termination of this Contract in the manner specified herein.
A. Suspension: If the AGENCY fails to comply with the terms of this Contract, or whenever the AGENCY is unable to substantiate full compliance with the provisions of this Contract, the COUNTY may suspend the Contract pending corrective action or investigation, after first allowing a reasonable period for the AGENCY'S cure. The COUNTY shall provide written notice of intent to suspend the Contract and shall set forth the actions the AGENCY must take, and the time frame within which such action must occur to avoid suspension. If, following such reasonable period for cure the AGENCY fails to cure, the COUNTY may suspend the Contract pending corrective action or investigation by COUNTY employees or their agents. The effective date of suspension shall not be less than seven (7) days following written notification of suspension to the AGENCY. The suspension shall remain in full force and effect until the AGENCY has taken corrective action to the satisfaction of the COUNTY and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligation incurred by the AGENCY during the period of suspension shall be allowable under the Contract except any reasonable, proper and otherwise allowable costs which the AGENCY could not avoid during the period of suspension. If the AGENCY has corrected its action(s) to the satisfaction of the COUNTY, the COUNTY shall immediately notify the AGENCY in writing
14 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 that the period of suspension has ended and shall specify the effective date of the end of such suspension.
B. Termination for Cause by County: If the AGENCY fails to cure the non-compliance issues that resulted in a suspension of the Contract by the COUNTY, and any of the below- listed conditions exist, the COUNTY may terminate this Contract in whole or in part. If the COUNTY exercises its right to terminate the Contract, it shall notify the AGENCY in writing of the effective date of the termination and shall set forth the reasons for termination. The COUNTY shall not give less than 60 days’ notice of intent to terminate the Contract. After the effective date of termination, no charges incurred by the AGENCY under any terminated portions of the Contract are allowable as against the COUNTY, except for any charges reasonably incurred or encumbered prior to the AGENCY receiving notice of intent to terminate.
Non-compliance, and one of the following conditions provides cause for termination: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the COUNTY deems continuation of this Contract to be substantially detrimental to the interests of the COUNTY; 2. The AGENCY has failed to take satisfactory action to correct non- compliance as directed by the COUNTY or its authorized representative within the time specified by same and as set forth in the request to cure notice in Section XVI A.
C. Termination for Cause by Agency: In the event the COUNTY fails to comply with the terms and conditions of this Contract, the AGENCY shall give notice of such failure and allow a reasonable period for the COUNTY'S cure. Thereafter, in the event the COUNTY fails to cure, the AGENCY may terminate part or all of this Contract upon sixty (60) days written notice to the COUNTY.
D. Termination for Other Grounds: This Contract may also be terminated in whole or in part as follows:
1. By either party with the mutual consent of the other party, in which case the two parties shall devise by mutual written agreement, the conditions of termination including the effective date thereof and in case of termination in part, that portion to be terminated;
2. By either party with the mutual consent of the other party, if the funds allocated by the COUNTY via this Contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions.
E. Close-Out: In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply:
15 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 1. Upon written request by the AGENCY, the COUNTY shall make or arrange for payment to the AGENCY of allowable reimbursable costs not covered by previous payments;
2. The AGENCY shall immediately refund to the COUNTY any monies paid in advance for services not performed.
3. The AGENCY shall submit, within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract;
4. In the event a financial audit has not been performed prior to close out of this Contract, the COUNTY retains the right to withhold a just and reasonable sum from the final payment to the AGENCY after fully considering the recommendations on disallowed costs resulting from the final audit.
XVII. JURISDICTION
A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to interpretation and performance.
B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington or either of the two nearest judicial districts pursuant to RCW 36.01.050. XVIII. SEVERABILITY
A. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with a statute of the State of Washington, said provision which may conflict therewith shall be deemed modified to conform to such statutory provision. XIX. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Contract shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and is cause for termination. Both parties recognize time is of the essence in the performance of the provision of this Contract. It is also agreed by the parties that the forgiveness of the non- performance of any provision of this Contract does not constitute a waiver of the provisions of this Contract. 16 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022
EXHIBIT A: SERVICES
I. SERVICE AREA
The following services shall be provided within Thurston County during the term of this Contract. The units will be known as “Medic 3,” “Medic 6,” and “Medic 2.” The normal paramedic service area will be the areas known as the "Medic 3 Lacey" zone, "Medic 6 Northeast County," and "Medic 2 Yelm" zone as described by the COUNTY. The AGENCY will be responsible for consistently stationing units within each zone and providing service with the described paramedic units within the Medic 3 (station 3-1 ), Medic 6 (station 3-4), and Medic 2 (station 2-1) zones. The COUNTY is required to notify the AGENCY in writing at least 6 months prior to any change in Medic Unit station base location stated herein unless changed under special circumstances. The AGENCY will respond to other emergency paramedic dispatches/zones as a normal part of the integrated Thurston County Medic One system and Medic Units will be considered a COUNTY resource for response and coordination purposes.
II. SERVICES
A. The AGENCY shall provide six (6) Thurston County approved and Washington State certified "Physician's Trained Mobile Intensive Care Paramedic" to staff three (3) ambulances equipped to furnish emergency medical assistance twenty-four (24) hours a day seven (7) days a week except as provided in Section IV(U) of the AGREEMENT. The AGENCY shall provide advanced emergency medical services as prescribed by the State designated supervising physician.
1. The requirements for a "Physician's Trained Mobile Intensive Care Paramedic" are defined under RCW 18.71.205 and Chapter 246-976 WAC.
2. The requirements for an equipped ambulance are defined under Chapter 18.73 RCW and Chapter 246-976 WAC.
3. The authority of the State designated supervising physician is defined under RCW 18.71.205 and Chapter 246-976 WAC.
B. The AGENCY and the COUNTY are responsible for supplies, purchasing and ambulance maintenance as follows:
1. The AGENCY shall purchase fuel, oil and other vehicle supplies for any vehicles provided under Section I.C of this Contract. The AGENCY shall either be reimbursed by the COUNTY or forward bills to the COUNTY for payment directly to the Supplier; depending on the convenience of the COUNTY.
2. The AGENCY shall maintain records of fuel consumption.
3. AGENCY shall accomplish or coordinate routine maintenance which is servicing of such vehicles of at least minimum level of the written specifications as provided by the manufacturer of the vehicle and will coordinate with the COUNTY'S EVT (Emergency Vehicle Technician) contracted maintenance AGENCY to provide said maintenance. Reimbursement shall only be for services 18 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 provided by other than paramedic personnel. The COUNTY'S maintenance provider shall be the COUNTY'S designated EVT maintenance agency or a mutually acceptable alternative. Daily, weekly, and/or monthly inspections shall be completed according to AGENCY policy and made available to the COUNTY upon request.
4. The AGENCY shall coordinate repairs and maintenance of such vehicles other than routine as needed. Such services shall be coordinated with the COUNTY and the COUNTY shall be notified and must approve in advance, except under emergency conditions, any repair expected to exceed $1,000.00. Request for payment shall be submitted to the COUNTY in a timely manner, not to exceed sixty (60) days after completion of work.
19 | Page INTERGOVERNMENTAL EMS CONTRACT LACEY FIRE DISTRICT #3 2021-2022 EXHIBIT B: INVOICING
INTERGOVERNMENTALS CONTRACT INVOICE
VENDOR: THURSTON COUNTY MEDIC ONE ATTN: SANDRA BUSH, ADMINISTRATIVE SUPERVISOR 2703 PACIFIC AVENUE SE, SUITE C OLYMPIA, WASHINGTON 98501 Phone: 360.704.2784 Fax: 360.704.2781 E-mail: [email protected] SERVICE DESCRIPTION CODE AMOUNT MEDICAL SUPPLIES* 28 531012 EMPLOYEE UNIFORMS, BODY ARMOR* 28 531003 ROUTINE LAUNDRY SERVICE - MONTHS(S) OF 28 541000 FUEL/OIL - MONTH(S) OF 28 532000 SCBA GEAR* 28 535000 ADMINISTERED MEDICAL SERVICES* 28 541000 STORAGE/SPACE REIMBURSEMENT - ALS Supply & Medic Unit Storage, PM Office Space 25 545000 LIABILITY INSURANCE* 25 546000 MEDIC UNIT REPAIRS* - PARTS ONLY 28 531000 MEDIC UNIT REPAIRS* - LABOR ONLY 28 548003 BIO HAZARD REMOVAL* 28 549000 80% PERSONNEL COSTS - MONTH OF 25 541000 $0.00 89% PERSONNEL COSTS - MONTH OF 25 541000 $0.00 100% DISABILITY OVERTIME COSTS - MONTH OF 25 541000 $0.00 BLS INVOICING 85 531000 OTHER (DETAIL) OTHER (DETAIL) OTHER (DETAIL)
*ATTACH COPIES OF PAID INVOICES FOR THESE ITEMS INVOICE TOTAL: $0.00
e undersigned do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described here and that the claim is a just, due and unpaid obligation against the County of Thurston, and that I am authorized to authenticate and certify to said claim.
Subscribed this day of , 20___ for Contractor VOUCHER APPROVED AND PREPARER AUTHORIZED BY* For Contractor MEDIC ONE APPROVED AND AUDITOR AUTHORIZED BY For Medic One
INVOICES ARE DUE TO MEDIC ONE BY THE THIRD TUESDAY OF THE MONTH FOLLOWING THE MONTH OF SERVICE
*Original signature of ALS Contractor's chief officer, administrative or accounting supervisor required. INTERGOVERNMENT ALS CONTRACT 80% PERSONNEL COSTS
CONTRACTOR: MEDIC UNIT: FOR THE MONTH OF:
HOLIDAY EMPLOYER SALARY 6% OT EMPLOYEE SALARY PAY BENEFITS RETIREMENT LONGEVITY PAID TAXES ADJUSTMENTS CAP
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL PERSONNEL COSTS: $0.00
X .80 = $0.00
TRANSFER TOTAL TO 80% PERSONNEL COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 89% PERSONNEL COSTS
CONTRACTOR: MEDIC UNIT: FOR THE MONTH OF:
HOLIDAY EMPLOYER SALARY 6% OT EMPLOYEE SALARY PAY BENEFITS RETIREMENT LONGEVITY PAID TAXES ADJUSTMENTS CAP
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL PERSONNEL COSTS: $0.00
X .89 = $0.00
TRANSFER TOTAL TO 80% PERSONNEL COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 100% DISABILITY OVERTIME PERSONNEL COSTS
CONTRACTOR: FOR THE MONTH OF:
OVERTIME EMPLOYEE OVERTIME OVERTIME EMPLOYEE DATE(S) COVERED RATE HOURS TOTALS
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00
100% $0.00
TRANSFER TOTAL TO 100% DISABILITY COSTS' OF EXHIBIT 'B' - INVOICE INTERGOVERNMENTAL ALS CONTRACT 100% INSERVICE OVERTIME PERSONNEL COSTS
CONTRACTOR: FOR THE MONTH OF:
OVERTIME EMPLOYEE OVERTIME OVERTIME EMPLOYEE DATE(S) COVERED RATE HOURS TOTALS
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00
100% $0.00
TRANSFER TOTAL TO 100% DISABILITY COSTS' OF EXHIBIT 'B' - INVOICE
Board of County Commissioners AGENDA ITEM SUMMARY
Agenda Date: 10/13/2020 Date Created: 9/17/2020 Agenda Item #:
Created by: Angela Celestine, Senior Office Assistant - Public Works - 360-786-5833
Creator = Presenter? Yes No Is this a presentation by more than one person? Matt Unzelman, Traffic Engineering and Operations Manager - Public Works - Presenter: 360-867-2335
Item Title: Resolution for the Partial Road Closure of 188th Ave SW
Action Needed: Pass Resolution Class of Item: Department
List of Exhibits Attach any materials such as spreadsheets, powerpoint Resolution 188th presentations, word documents, etc. closure.pdf PDF File 70.4 KB Click Additional Attachment to attach more materials.
Map Exhibit.pdf PDF File 1.27 MB
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Clearance from other Departments? Budget Effect Summary? Recommended Action: Move to approve the resolution authorizing the closure of a portion of 188 th Ave SW, starting at the intersection of Moon Road SW and 188th Ave SW and ending 0.36 miles west of the intersection, for a definite period of 10 years.
Item Description: In 2012, the Confederated Tribes of the Chehalis Reservation (Chehalis Tribe) completed a corridor safety study for US 12 with Washington State Department of Transportation (WSDOT) and Thurston County. The study recommended the installation of two roundabouts at the US 12/Anderson Rd SW and US 12/Moon Rd SW intersections. WSDOT began community outreach in 2017 regarding the planned improvements. This outreach generated community discussion and concern that westbound traffic on US 12 going to the Lucky Eagle Casino would avoid the proposed roundabouts and instead, use county roads to access the Chehalis Tribe's reservation and casino. WSDOT evaluated traffic patterns in the area and found that if Thurston County closed a portion of 188th Ave SW at the intersection with Moon Rd SW, construction of the proposed roundabout at US 12/Moon Rd SW would not be necessary. In December of 2018 the Board of County Commissioners sent a letter to the Chehalis Tribe supporting the closure of 188th Ave SW west of Moon Rd SW. With the closure of 188th Ave SW, WSDOT will save approximately $1.2 million because the need for a roundabout at Moon Rd SW & US 12 will be eliminated. An agreement between Thurston County and WSDOT will be executed upon receiving formal approval to close 188 th Ave SW. The agreement includes $435,000 from WSDOT to fund design and construction of the closure of 188th Ave SW near Moon Rd SW following the completion of WSDOT's US 12/Anderson Rd SW roundabout project.
The US 12 & Anderson Rd SW roundabout was opened to traffic on September 4, 2020 and final completion is anticipated in September 2020. Public Works completed an Engineers Report, pursuant to RCW 36.87.040, recommending the closure of a portion of 188 th Ave SW. Locking gates, with an accompanying lock box, will be utilized to restrict traffic while providing emergency access when necessary. A hammerhead will be constructed for an emergency turnaround.
Pursuant to RCW 36.87.050, notice of a public hearing was published in The Olympian and a copy of the notice was posted at each end of the proposed closure of 188 th Ave SW.
Public Works is requesting to close a portion of 188th Ave SW, starting at the intersection of Moon Road SW and 188th Ave SW and ending 0.36 miles west of the intersection, for a definite period of 10 years. This closure will reduce traffic volumes on surrounding county local roads which will reduce frequency of needed maintenance and improve the safety to the traveling public.
This project is in the upcoming 2021-2022 Public Works budget, draft 2021-2026 Transportation Improvement Plan and Capital Improvement Plan, and is in alignment with the County's Strategic Plan, Initiative 2 to "Improve community health, wellness and safety."
This AIS is complete and ready for the Clerk of the Board to include in the Board Agenda: Date Submitted: 9/28/2020
RESOLUTION NO. ----
A RESOLUTION relating to the temporary closure ofa portion of 188th Avenue SW lying westerly of the intersection of Moon Road SW and 188th Avenue SW and ending at 0.36 miles westerly of the intersection.
WHEREAS, 188th Avenue SW is a 22 footwi de paved County road located within 40 feetof County right-of-way. The portion of188 th Avenue SW to be closed is approximately a 0.36 mile length starting at the intersection ofM oon Road SW and 188th Avenue SW and ending 0.36 miles westerly of the intersection; and
WHEREAS, 188th Av enue SW and Moon Road SW are currently serving as major rural collectors but were not designed to support current trafficv olumes, the closure of 188th Avenue SW will reduce traffic volumes on surrounding county local roads which will reduce frequency of needed maintenance and increase safety to the traveling public; and
WHEREAS, locking gates with an accompanying lock box, will be utilized to restrict traffic while providing emergency access when necessary. A hammerhead will be constructed foran emergency turnaround; and
WHEREAS, the closure ofthi s portion of188 th Avenue SW will not deny any abutting property owners access to their property; and
WHEREAS, the Thurston County Public Works Department will continue to maintain the closed portion of 188th A venue SW; and
WHEREAS, a public hearing regarding the temporary closure ofa portion of 188th Avenue SW was held on October 6, 2020;
NOW THEREFORE, the Board ofC ounty Commissioners ofTh urston County, State of Washington, do resolve as follows:
Section 1. 188th Avenue SW is a County road situated in Section 2 T15N R4W.
Section 2. That portion of188 th Avenue SW lying westerly ofthe intersection of Moon Road SW and 188th Avenue SW and ending at 0.36 miles westerly ofthe intersection shall be temporarily closed for a period often (10) years commencing November 4, 2020.
Section 3. The closed portion of188 th Avenue SW is not being vacated nor abandoned but merely closed fora temporary period oftime.
th Section 4. Notice ofthe closure shall be posted along 188 Avenue SW and published in the officialCounty newspaper at least twenty (20) days prior to the closure. ADOPTED: ------BOARD OF COUNTY COMMISSIONERS ATTEST: Thurston County, Washington Clerk of the Board Chair
APPROVED AS TO FORM:
JONTUNHEIM Vice-Chair PROSECUTING ATTORNEY
Commissioner 175TH AVE SW T H U R S T O N C O U N T Y
W S PUBLIC WORKS DEPARTMENT ST MCCORMICK R O A D C L O S U R E SCHOOL LAND RD SW
HWY 12/US 12 188th Ave SW & Moon Rd SW 12 S £ CH OO H L LA WY 12/ ND RD US 12 SW
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Date: 7/19/2018 GISA: klb T:\PublicWorks\DAVIS-Scott\2018\RoadClosure_188th_MoonRdSW\RoadClosure8x11.mxd
Board of County Commissioners AGENDA ITEM SUMMARY
Agenda Date: 10/13/2020 Date Created: 9/17/2020 Agenda Item #:
Created by: Angela Celestine, Senior Office Assistant - Public Works - 360-786-5833
Creator = Presenter? Yes No Is this a presentation by more than one person? Matt Unzelman, Traffic Engineering and Operations Manager - Public Works - Presenter: 360-867-2335
Item Title: WSDOT Participating Agreement for 188th Ave SW Road Closure
Action Needed: Pass Motion Class of Item: Department
List of Exhibits Attach any materials such as spreadsheets, powerpoint WSDOT presentations, word documents, etc. Agreement_GCB 3197.pdf PDF File Click Additional Attachment to attach more materials. 1.14 MB
File Attachment
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Clearance from other Departments? Budget Effect Summary? Recommended Action: Move to approve Washington State Department of Transportation Participating Agreement (Work by Local Agency) GCB 319 obligating $435,000 of state funding for the 188th Ave SW road closure and authorize the Director of Public Works to sign the Agreement and any other necessary WSDOT supplemental agreements.
Item Description: In 2012, the Confederated Tribes of the Chehalis Reservation (Chehalis Tribe) completed a corridor safety study for US 12 with WSDOT and Thurston County. The study recommended the installation of two roundabouts at the US 12/Anderson Rd SW and US 12/Moon Rd SW intersections. WSDOT began community outreach in 2017 regarding the planned improvements. This outreach generated community discussion and concern that westbound traffic on US 12 going to the Lucky Eagle Casino would avoid the proposed roundabouts, and instead use county roads to access the Chehalis Tribe's reservation and casino. WSDOT evaluated traffic patterns in the area and found that if Thurston County closed a portion of 188 th Ave SW at the intersection with Moon Rd SW, construction of the proposed roundabout at US 12/Moon Rd SW would not be necessary. In December of 2018 the Board of County Commissioners sent a letter to the Chehalis Tribe supporting the closure of 188th Ave SW west of Moon Rd SW. With the closure of 188th Ave SW, WSDOT will save approximately $1.2 million because the need for a roundabout at Moon Rd SW & US 12 will be eliminated. The agreement between Thurston County and WSDOT includes $435,000 from WSDOT to fund design and construction of the closure of 188th Ave SW near Moon Rd SW following the completion of WSDOT's US 12/Anderson Rd SW roundabout project.
The US 12 & Anderson Rd SW roundabout was opened to traffic on September 4, 2020 and completed in September 2020. Public Works completed an Engineers Report, pursuant to RCW 36.87.040, recommending the closure of a portion of 188 th Ave SW. Locking gates, with an accompanying lock box, will be utilized to restrict traffic while providing emergency access when necessary. A hammerhead will be constructed for an emergency turnaround.
Pursuant to RCW 36.87.050, a public hearing was held on October 6, 2020. The resolution approving the partial Road Closure of 188 th Ave SW has been executed.
This project is in the upcoming 2021 Public Works budget, 2021-2026 Transportation Improvement Plan and Capital Improvement Plan, and is in alignment with the County's Strategic Plan, Initiative 2 to "Improve community health, wellness and safety."
This AIS is complete and ready for the Clerk of the Board to include in the Board Agenda: Date Submitted: 9/28/2020
Local Agency and Address WSDOT Participating Thurston County Public Works Agreement 9605 Tilley Rd S Olympia, WA 98512 Work by Local Agency
Agreement Number Location and Description of Work GCB 3197 This agreement is for the closure of 188th near Moon Rd. State Route No. Control Section No. See Exhibit C for requirements of the closure. 12 This Agreement is made and entered into between the Washington State Department of Transportation (WSDOT) and the above named governmental entity (Local Agency), herein after referred to individually as the “Party” and collectively as the “Parties”.
Recitals 1. The Local Agency is planning the construction of a project as shown above, and in connection therewith, WSDOT has requested that the Local Agency perform certain work as herein described.
construction contract proposed for the above-noted project. 3. WSDOT is obligated for the cost of work described herein.
Now Therefore, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, the recitals above and the attached Exhibits which are incorporated and made a part hereof, It Is Mutually Agreed As Follows:
1. General 1.1 The Local Agency, as agent acting for and on behalf of WSDOT, agrees to perform the above “Description of Work”.
thereto, and adopted design standards, unless otherwise noted. The Local Agency will incorporate the plans and
bids are received and a contract is awarded, administer the contract.
attached hereto and by this reference made a part of this Agreement, to WSDOT for approval prior to advertising the project. 1.4 WSDOT may, if it desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by
representative. 1.5 WSDOT agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this Agreement.
2. Payment 2.1 WSDOT, in consideration of the faithful performance of the work to be done by the Local Agency, agrees to reimburse the Local Agency for the actual direct and related indirect cost of the work.
“A”, and is attached hereto and by this reference made a part of this Agreement.
DOT Form 224-067 Page 1 of 2 Revised 09/2018 2.3 Partial payments shall be made by WSDOT, upon request of the Local Agency, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not
completed the work.
3. Deletion of Work 3.1 In the event the estimate of cost, Exhibit “A”, is in excess of $10,000 and the total actual bid prices for the work covered by this Agreement exceeds the estimate of cost by more than 15 percent, WSDOT shall have the option of
actual total contract bid price.
the work. Should WSDOT exercise its option to delete work, WSDOT agrees, upon billing by the Local Agency, to reimburse the Local Agency for preliminary engineering costs incurred by the Local Agency to include the work
4. Extra Work 4.1 In the event unforeseen conditions require an increase in the cost of Five (5) percent or more from that
4.2 In the event it is determined that any change from the description of work contained in this Agreement is required, approval must be secured from WSDOT prior to the beginning of such work. Where the change is substantial, written approval must be secured. 4.3 Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs
5. Right of Entry
the sole cost of WSDOT and without expense to the Local Agency.
6. Legal Relations 6.1 No liability shall attach to the Local Agency or WSDOT by reason of entering into this agreement except as expressly provided herein.
Washington State Local Agency Department of Transportation
Signature: Signature:
Print Name Print Name
Title: Title:
Date: Date:
DOT Form 224-067 Page 2 of 2 Revised 09/2018 GCB 3197 Exhibit A
Thurston County Public Works ENGINEER'S ESTIMATE
PROJECT: 188th Ave Road Closure
CRP: 61534 DATE: 2/27/2019
ITEM UNIT NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL 1 MOBILIZATION L.S. 1.00 $11,170.00 $11,170.00 2 CLEARING AND GRUBBING L.S. 0.50 $15,000.00 $7,500.00 3 REMOVING ASPHALT CONC. PAVEMENT S.Y. 1,000.00 $7.50 $7,500.00 4 SAWCUT EXISTING ASPHALT & CEMENT CONC. PAVEMENT L.S. 1.00 $200.00 $200.00 5 ROADWAY EXCAVATION C.Y. 1,000.00 $20.00 $20,000.00 6 CRUSHED SURFACING BASE COURSE TON 400.00 $20.00 $8,000.00 7 CRUSHED SURFACING TOP COURSE TON 250.00 $50.00 $12,500.00 8 HMA CL. 1/2 IN. PG TON 300.00 $120.00 $36,000.00 9 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1.00 $20,000.00 $20,000.00 10 ENVIRONMENTAL MITIGATION L.S. 1.00 $50,000.00 $50,000.00 11 STORMWATER IMPROVEMENTS L.S. 1.00 $20,000.00 $20,000.00
SUBTOTAL $200,000 PLANNING ESTIMATE CONTINGENCY (20%) $40,000 CONSTRUCTION ADMINISTRATION (15%) $30,000 RIGHT OF WAY $75,000 DESIGN ENGINEERING/ENVIRONMENTAL PERMITTING (25%) $90,000 TOTAL $435,000 All calculations are rounded GCB 3197
Exhibit B
Thurston County is to install temporary signs on US 12, Moon Rd. and 188th Ave for the closure of 188th in addition the County will install a temporary barricade to close 188th within two weeks of being notified of the opening of the Roundabout on Anderson Rd SW and US 12. This is so traffic going to and from the Lucky Eagle Casino will be required to use the new Anderson Rd roundabout to access US 12.
After WSDOT opens the new Roundabout at Anderson Rd SW and US 12 the County shall be required to install a permanent closure of 188th Ave near Moon Rd. This construction of the new closure will be required to be completed within one construction season after the opening roundabout at Anderson Rd and US 12 using County standards. GCB 3197 Exhibit C