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MOA with State of Washington Department of Veterans Affairs BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON IN RE: Approve Memorandum of Agreement between the ) State of Washington Department of Veterans ) Resolution No. 18- M Affairs and Lewis County ) WHEREAS, the Board of County Commissioners (BOCC), Lewis County, Washington, has reviewed the Memorandum of Agreement, WDVA Contract No.: 305E-18-087, between Lewis County and the State of Washington Department of Veterans Affairs (WDVA) from the date executed through June 30, 2021; AND WHEREAS, the County shall designate the County Veteran Benefits Specialist to become a VA Accredited Veteran Service Officer (VSO) accredited by the DVA recognized Veteran Service Organization under Title 38, Code of Federal Regulations Part 14.628. The VSO will receive training related to veterans' benefits and entitlement and the VA claims process; AND WHEREAS, there is no funding attached to this contract; AND WHEREAS, it appears to be in the best public interest to authorize the execution of said contract for Lewis County; NOW, THEREFORE BE IT RESOLVED that the Memorandum of Agreement between the State of Washington Department of Veterans Affairs and Lewis County effective when executed through June 30, 2021, is hereby approved and the Director of Public Health & Social Services is authorized to sign the same. DONE IN OPEN SESSION this • day of --"r7 T , 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, ose sting Attorney LEWIS COUNTY, WASHINGTON jr By: Davit` Fine aria . Fund, Chair(J Deputy Prosecuting Attorney ATTEST: • Robert C. Jackson, Vice Chair �• COUNI.f!.. ..�v/ OARI) Rieva Lester, Clerk of theFdsjNf=F "i ovary Stlimper, Member ' ' \s 1845 .f/ • e / c:PmrsiscD'� i "� NS 1st° •s -••laa WDVA Contract No.: 305E-18-087 Memorandum of Agreement ("Agreement" or "Contract) between the State of Washington DEPARTMENT OF VETERANS AFFAIRS and LEWIS COUNTY, WASHINGTON This Contract is made and entered into by and between the state of Washington, Department of Veterans Affairs, hereinafter referred to as the "AGENCY", and the below named entity, hereinafter referred to as "COUNTY." Lewis County, Washington 351 NW North St. Chehalis, WA 98532 Phone: 360-740-1148 FAX: 360-740-1145 Email: sandi.andrus @lewiscountywa.gov WA State UBI Number: 212-002-978 I. PURPOSE The purpose of this Agreement is to provide information, referral services, and assistance to veterans and their family members in processing claims applications for the various veterans' benefits to which they may be entitled. The claims work produced under this Agreement will be processed through the "Claims Quality-Assurance Program". This will ensure that all claims are submitted to the federal Department of Veterans Affairs, Seattle VA Regional Office, hereinafter referred to as VA, in a "Substantially Complete" status, and that all efforts have been made to support claims that will result in a favorable VA decision on behalf of the claimant. The "Claims Quality-Assurance Program" applies to all AGENCY contracts and agreements, and this uniformly applied practice of Contracted Quality Assurance will result in verifiable performance and result in an overall shortened claim processing time for the VA; and will maximize the veterans' benefits within the state. II. SCOPE OF WORK A. Attachment A, attached hereto and incorporated by reference, contains the General Terms and Conditions governing work to be performed under this Agreement, the nature of the working relationship between the AGENCY and the COUNTY, and specific obligations of both parties. B. The COUNTY will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth in Attachment B Statement of Work. WDVA Contract No.: 305E-18-087 C. Attachment C. attached hereto and incorporated by reference, contains the Sample Claims Transmittal Cover Sheet D. Attachment D, attached hereto and incorporated by reference, contains the Business Associate Agreement, which ensures that Protected Health Information (PHI) is appropriately safeguarded. III. PERIOD OF PERFORMANCE The period of performance under this Contract will be from June 1, 2018, or date of execution, whichever is later, through June 30, 2021. This Agreement may be extended for three additional one-year periods at the discretion of the AGENCY. IV. CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this contract. COUNTY Contract Manager Information AGENCY Contract Manager Information Danette D. York Steven J. Gill Director Veteran Services Administrator Lewis County Public Health & Social Services Department of Veterans Affairs 360 NW North St P.O. Box 41150 Chehalis, WA 98532 Olympia, WA 98504-1150 Phone: 360-740-2774 Phone: (360) 725-2235 Fax: 360-740-1145 Fax: (360) 586-1093 Email address danette.york @lewiscountywa.gov Email address: steveng @dva.wa.gov V. INSURANCE The County certifies that it is a member of the Washington Counties Risk Pool (the "Pool"), as provided by RCW 48.62.031, and that it is covered by the Pool's Joint Liability Coverage Document. Claims submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi-municipal corporations") against the County, its employees, officers, volunteers and agents and/or actions in connection with or incidental to the performance of this agreement which the County and/or its employees, officers, volunteers and agents are found to be liable for will be paid by the Pool and/or County. The Pool's liability coverage limits of$10,000,000, per occurrence, exceed limits required by the agreement and provides coverage for commercial general liability, auto liability, and professional liability and shall respond to the same extent as if an insurance policy had been purchased naming LESSOR as named insured. Page 2 of 4 WDVA Contract No.: 305E-18-087 SELF-INSURANCE— Lewis County serf-insures losses incurred by COUNTY that are determined not within coverage (occurrence date or exclusion) of the Pool's Joint Self- Insurance Liability Policy, sets appropriate reserve levels for each occurrence and identifies the source of funding for each liability within the Risk Management Department liability Fund. Lewis County also provides self-insurance for all property owned by the COUNTY. PROOF OF INSURANCE —The Lewis County Director of Risk Management shall issue a "Letter of Risk Pool Insurance Coverage" to the WDVA regarding the COUNTY'S insurance coverage for this Agreement. A Pool Certificate of Insurance will also be issued to the WDVA, identifying the Agreement and naming the State of Washington as Certificate Holder. VI. ASSURANCES AGENCY and the COUNTY agree that all activity pursuant to this Contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. VII. ORDER OF PRECEDENCE Each of the Attachments listed below is by this reference hereby incorporated into this Contract. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes and regulations; 2. Special terms and conditions as contained in this basic Contract instrument; 3. Attachment A—General Terms and Conditions; 4. Attachment B— Statement of Work; 5. Attachment D — Business Associate Agreement; and 6. Any other provision, term or material incorporated herein by reference or otherwise incorporated VIII. ENTIRE AGREEMENT This Contract, including referenced Attachments, represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof. IX. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. X. APPROVAL Page 3 of 4 WDVA Contract No.: 305E-18-087 This Contract shall be subject to the written approval of the AGENCY'S authorized representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties. THIS CONTRACT, consisting of four (4) pages and four (4) attachment(s), is executed by the persons signing below, who warrant they have the authority to execute the Contract. LEWIS COUNTY, WASHINGTON DEPART 'ENT OF VETE'ANS AFF IRS 1 . .LA 1 . Signatu a q•nat e Danette D. York Michael Kashmar Printed Name Printed Name Director /Pr Chief Financial Officer « Title Date Title Da e Page 4 of 4 ATTACHMENT A GENERAL TERMS AND CONDITIONS 1. DEFINITIONS - As used throughout this Contract, the following terms shall have the meanings set forth below: a. "CLIENT"shall mean an individual receiving service under this Contract. b. "COUNTY" shall mean that agency, firm, provider organization, individual or other entity performing services under this Contract. It shall include any subcontractor retained by the COUNTY as permitted under the terms of this Agreement. c. "AGENCY'S VETERANS SERVICES DIVISION ADMINISTRATOR" shall mean that individual authorized to administrate this Agreement on behalf of the AGENCY. d. "AGENCY" shall mean the AGENCY OF VETERANS AFFAIRS of the state of Washington, any division, section, office, unit or other entity of the AGENCY or any of the officers or other officials lawfully representing that AGENCY. e. "PERSONAL INFORMATION" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. f. "SUBCONTRACTOR" shall mean one not an employee of the COUNTY, who is performing all or part of those services under this Contract under a separate contract with the COUNTY. The terms "subcontractor"and "subcontractors"mean subcontractor(s) in any tier. g. "SUBRECIPIENT" shall mean a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes CONTRACTORS that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. 2. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 -The COUNTY must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 3. ASSIGNMENT— Neither this Contract, nor shall any claim arising under this Contract, shall be transferred or assigned by the COUNTY without prior written consent of the AGENCY. 4. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY - If federal funds are the basis for this Contract, the COUNTY certifies that neither it nor its Page 1 of 8 WDVA Contract No.: 305E-18-087 principals are presently debarred, declared ineligible or voluntarily excluded from participation in transactions by any federal department or agency. 5. CHANGE IN STATUS — In the event of substantive change in the legal status, organizational structure or fiscal reporting responsibility of the COUNTY, COUNTY agrees to notify the AGENCY of the change. COUNTY shall provide notice as soon as practicable, but no later than thirty days after such a change takes effect. 6. CHANGES AND MODIFICATIONS - The AGENCY may, at any time, by written notification to the COUNTY, and without notice to any known guarantor or surety, make changes within the general scope of the services to be performed under the Contract. If the COUNTY agrees to such changes, a written contract amendment reflecting such change shall be executed by the parties. An equitable adjustment in cost or period of performance or both may be made if required by the change. Any claim for adjustment in price or period of performance must be received within thirty (30) days of the COUNTY's receipt of the change notice. The AGENCY may, however, receive and act upon any such claim at any time prior to final payment under this Contract at his/her discretion. Failure to agree to any adjustment made under this section shall be an issue and may be reviewed as provided in the "Disputes" section of this Contract. Nothing in this section shall excuse the COUNTY from proceeding with the Contract as changed. 7. CONFLICT OF INTEREST —The AGENCY may, in its sole discretion, by written notice to the COUNTY, terminate this Contract if it finds, after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the COUNTY in the procurement of or performance under, this Contract. In the event this Contract is terminated as provided above, the AGENCY shall be entitled to pursue the same remedies against the COUNTY as it could pursue in the event of a breach of this Contract by the COUNTY. The rights and remedies of the AGENCY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the AGENCY makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Contract. 8. COVENANT AGAINST CONTINGENT FEES — The COUNTY warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the COUNTY for the purpose of securing business. The AGENCY shall have the right, in the event of breach of this clause by the COUNTY, to annul this Contract without liability or, in its discretion, to deduct from this Contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. 9. DISPUTES - Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the AGENCY's Director or his or her designee. Page 2 of 8 WDVA Contract No.: 305E-18-087 a. The request for a dispute hearing must: Be in writing; State the disputed issues; State the relative positions of the parties; State the COUNTY's name, address, and this Contract number; and Be mailed to the agent and the other party's (respondents) within 3 working days after the parties agree that they cannot resolve the dispute. b. The respondent shall send a written answer to the requestor's statement to both the agent and the requestor within 5 working days. c. The agent shall review the written statements and reply in writing to both parties within 10 working days. The agent may extend this period if necessary by notifying the parties. d. The decision shall be admissible in any succeeding judicial or quasi-judicial proceeding. e. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. 10. GOVERNING LAW - This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 11. INDEMNIFICATION — Each party to this Agreement shall be responsible for the negligence of its officers, employees, and agents in the performance of this Agreement. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not party to this Agreement. The Agency and the County shall cooperate in the defense of tort lawsuits, when possible. Both parties agree and understand that such cooperation may not be feasible in all circumstances. The Agency and the County agree to notify the attorneys of record in any tort lawsuit where both are parties if either Agency or the County enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible thereafter, and the notice may be either written or oral. 12. INDEPENDENT CAPACITY—The parties intend that an independent CONTRACTOR relationship will be created by this Contract. The COUNTY and his or her employees or agents performing under this Contract are not employees or agents of the AGENCY. The COUNTY will not hold himself/herself out as nor claim to be an officer or employee of the AGENCY or of the state of Washington by reason hereof, nor will the COUNTY make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the COUNTY. 13. LICENSING AND ACCREDITATION STANDARDS - The COUNTY shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary in the performance of this Contract. 14. LIMITATION OF AUTHORITY-Only the AGENCY or its delegate by writing (delegation to be made prior to action) shall have the express, implied or apparent authority to alter, amend, modify or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification or waiver of any clause or condition of this Contract is not effective or binding unless made in writing and signed by the AGENCY. Page 3 of 8 WDVA Contract No.: 305E-18-087 15. NONDISCRIMINATION — During the performance of this Contract, the COUNTY shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the COUNTY's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the COUNTY may be declared ineligible for further contracts with the AGENCY. The COUNTY shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 16. PERFORMANCE MEASUREMENT AND MONITORING — Impacts and outcomes achieved as a result of the delivery of services may be measured and evaluated by the AGENCY in a Periodic Performance Report form, in accordance with Attachment B. The AGENCY may evaluate COUNTY's performance at Contract completion and at least once a year. An annual evaluation will be conducted during the sixty-day period following this Contract anniversary date, except AGENCY can establish which better accommodates the AGENCY's particular needs. The evaluation will cover a period ending with an established date. The AGENCY may utilize the standardized Period Performance Report form and/or supplement the process with special performance factors peculiar to the specific contractual needs. Each evaluation shall include an assessment of the COUNTY's efforts toward achieving AGENCY objectives. The form is designed to aid the AGENCY in referrals, clarify COUNTY's duties and AGENCY expectations, and inform COUNTYS of their performance strengths and weaknesses. 17. PRIVACY - Personal information collected, used or acquired in connection with this Contract shall be used solely for the purposes of this Contract. COUNTY and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as provided by law. COUNTY agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The AGENCY reserves the rights to monitor, audit or investigate the use of personal information collected, used or acquired by the COUNTY through this Contract. The monitoring, auditing or investigating may include but is not limited to "salting" by the AGENCY. COUNTY shall certify the return or destruction of all personal information upon expiration of this Contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the Contract and the demand for return of all personal information. The COUNTY agrees to indemnify and hold harmless the AGENCY for any damages related to the COUNTY's unauthorized use of personal information. For the purposes of this provision, personal information includes but is not limited to information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. 18. RECORDS, DOCUMENTS, AND REPORTS — The COUNTY shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the Page 4 of 8 WDVA Contract No.: 305E-18-087 services described herein, including but not limited to accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. COUNTY shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under this Contract, shall be subject at all reasonable times to inspection, review or audit by the AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 19. RIGHT OF INSPECTION -The COUNTY shall provide right of access to its facilities to the AGENCY or any of their officers at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract on behalf of the AGENCY. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with the COUNTY's business or work hereunder. 20. RIGHTS IN DATA- Unless otherwise provided, data that originates from this Contract shall be "works made for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AGENCY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. Data that is delivered under this Contract, but that does not originate therefrom, shall be transferred to the AGENCY with a nonexclusive, royalty free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided that such license shall be limited to the extent that the COUNTY has a right to grant such a license. The COUNTY shall exert all reasonable effort to advise the AGENCY, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document, which was not produced in the performance of this Agreement. The AGENCY shall receive prompt written notice of each notice or claim or copyright infringement received by the COUNTY with respect to any data delivered under this Agreement. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the COUNTY. 21. SAFEGUARDING OF INFORMATION - The COUNTY shall not use or disclose any Personal Information gained by reason of this Contract or Information that may be classified as confidential for any purpose not directly connected with the administration of this Contract except (1)with prior written consent of the AGENCY or (2) as may be required by law. The COUNTY shall safeguard such information and shall return or certify destruction of the information upon this Contract expiration or termination. 22. SAVINGS - In the event funding from state, federal or other sources is withdrawn, reduced or limited in any way after the effective date of this Contract and prior to normal completion, the AGENCY may terminate this Contract under the "Termination for Convenience" clause, without advance notice. Page 5 of 8 WDVA Contract No.: 305E-18-087 23. SEVERABILITY — If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract, and to this end the provisions of this Contract are declared to be severable. 24. SUBCONTRACTING - Neither the COUNTY nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Contract without obtaining prior written approval of the AGENCY. In no event shall the existence of the subcontract operate to release or reduce the liability of the COUNTY to the AGENCY for any breach in the performance of the COUNTY's duties. This clause does not include contracts of employment between the COUNTY and personnel assigned to work under this Contract. 25. TERMINATION FOR CONVENIENCE - Except as otherwise provided in this Contract, the AGENCY or the COUNTY may, by thirty (30) days written notice, beginning on the second day after the mailing, terminate this Contract in whole or in part. If this Contract is so terminated, the AGENCY shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 26. TERMINATION FOR DEFAULT-The AGENCY may terminate this Contract for default, in whole or in part, by written notice to the COUNTY if the AGENCY has a reasonable basis to believe that the COUNTY has: a. Failed to meet or maintain any requirement for Contracting with the AGENCY; h. Failed to ensure the health or safety of any client for whom services are being provided under this Contract; c. Failed to perform under or otherwise breached, any term or condition of this Contract; and/or d. Violated any applicable law or regulation. If it is later determined that the COUNTY was not in default, the termination shall be considered a termination for convenience. 27. TERMINATION PROCEDURE - Upon termination of this Contract, the AGENCY, in addition to any other rights provided in this Contract, may require the COUNTY to deliver to the AGENCY any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The AGENCY shall pay to the COUNTY the agreed upon price, if separately stated, for completed work and services accepted by the AGENCY and the amount agreed upon by the COUNTY and the AGENCY for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services that are accepted by the AGENCY, and (d) the protection and preservation of the property, unless the termination is for default, in which case the AGENCY shall determine the extent of the liability of the AGENCY. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Agreement. Page 6 of 8 WDVA Contract No.: 305E-18-087 The AGENCY may withhold from any amounts due the COUNTY for such completed work or services such sum as the AGENCY determines to be necessary to protect the AGENCY against potential loss or liability. The rights and remedies of the AGENCY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. After receipt of a notice of termination, and except as otherwise directed by the AGENCY, the COUNTY shall: a. Stop work under the Agreement on the date and to the extent specified in the notice; b. Place no further orders or subcontracts for materials, services or facilities except as necessary to complete such portion of the work not terminated; c. Assign to the AGENCY, in the manner, at the times, and to the extent directed by the AGENCY, all of the rights, titles, and interest of the COUNTY under the orders and subcontracts in which case the AGENCY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AGENCY to the extent he/she may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the AGENCY and deliver, in the manner, at the times and to the extent as directed by the AGENCY, any property which, if the Contract had been completed, would have been required to be furnished to the AGENCY; f. Complete performance of such part of the work not terminated by the AGENCY; and, g. Take such action as may be necessary or as the AGENCY may direct, for the protection and preservation of the property related to this Contract that is in the possession of the COUNTY and in which the AGENCY has or may acquire and interest. 28. TREATMENT OF ASSETS - Title to all property financed or furnished by the AGENCY shall remain in the AGENCY. Title to all property purchased by the COUNTY, for which the COUNTY is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the AGENCY upon delivery of such property to the COUNTY. Title to other property, the cost of which is reimbursable to the COUNTY under the Contract, shall pass to and vest in the AGENCY upon (i) issuance for use of such property in the performance of this Contract or (ii) commencement of use of such property in the performance of this Contract or (iii) reimbursement of the cost thereof by the AGENCY in whole or in part, whichever first occurs. Any property of the AGENCY furnished to the COUNTY shall, unless otherwise provided herein or approved by the AGENCY, be used only for the performance of this Contract. The COUNTY shall be responsible for any loss or damage to property of the AGENCY that results from the negligence of the COUNTY or that results from the failure on the part of the COUNTY to maintain and administer that property in accordance with sound management practices. If any AGENCY property is lost, destroyed or damaged, the COUNTY shall notify the AGENCY and shall take all reasonable steps to protect the property from further damage. Page 7 of 8 WDVA Contract No.: 305E-18-087 The COUNTY shall surrender to the AGENCY all property of the AGENCY prior to settlement upon completion, termination or cancellation of this Contract. All reference to the COUNTY under this clause shall include COUNTY's employees, agents or subcontractors. 29. WAIVER OF DEFAULT -Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Waiver shall not be construed to be a modification of the terms of the Contract unless stated to be such in writing, signed by the AGENCY. Page 8 of 8 ATTACHMENT B STATEMENT OF WORK A. The COUNTY will provide services, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. The COUNTY understands and shall comply with the following section of Title 38, Code of Federal Regulations Part 14.628(d)(2)(i) "...neither the organization nor its accredited representatives will charge or accept a fee or gratuity for service to a claimant..." 2. The COUNTY shall designate a "County Veteran Service Officer" who will become a VA "Accredited Veteran Service Organization Representative" accredited by the AGENCY or a VA recognized veteran service organization under Title 38, Code of Federal Regulations Part 14.628. If the County Veteran Service Officer is to become accredited by the AGENCY they must be a paid employee of the COUNTY working for it not less than 1,000 hours annually. 3. The COUNTY shall submit all VA claims produced to the AGENCY or other appropriate veterans Service Organization (VSO) "Claims Quality-Assurance Officer"for quality-assurance (Q-A)and entry into the Q-A database, before delivery to the VA for promulgation. The COUNTY shall support the Quality-Assurance Program process by ensuring that each claim is submitted to the appropriate Veterans Service Organization's Q-A Officer, in a "Substantially Complete" status. All services and claims support for veterans and their family members shall be provided at absolutely no cost to the veteran or claimant. 4. The COUNTY shall submit all claims to the Claims Quality-Assurance Officer with the AGENCY's Claims Quality-Assurance Program Cover Sheet. The COUNTY shall retain copies of the cover sheets. 5. The COUNTY agrees to work with the AGENCY's Veterans Services Division Administrator should modification of activities be deemed necessary to adequately provide quality service for veterans and their family members. 6. The COUNTY shall support the AGENCY's contracted local Post Traumatic Stress Disorder (PTSD) counselors in the form of information assistance and referral services as appropriate. All PTSD referrals will be handled in a confidential manner. 7. The COUNTY shall maintain current resource materials for veterans' benefits information and claims development. 8. The COUNTY shall be evaluated based on the approval rate or "Batting Average" of the VA claims that they submit. B. The AGENCY will provide services, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1 of 2 WDVA Contract No.: 305E-18-087 1. The AGENCY shall provide training for the COUNTY's designated County Veteran Service Officer related to veterans' benefits and entitlement and the VA claims process. This training may include but shall not be limited to: a. The Basic Training Course for Veterans Benefits developed by the National Veterans Legal Services Program; b. Training Responsibly Involvement in Preparation of Claims (TRIP) developed by the VA; c. Veteran service organization training conferences; and d. Direct training with AGENCY representatives. 2. The AGENCY shall provide VA Accreditation as a Veteran Service Organization Representative under Title 38, Code of Federal Regulations Part 14.629 as a County Veteran's Service Officer. 3. The AGENCY shall maintain a report of the COUNTY's VA claims approval rating or"Batting Average". 4. The AGENCY shall represent the VA appeals for veterans or claimants under the AGENCY's VA Power of Attorney (POA) through the AGENCY's "Appeals- Management Process" program. C. All cover sheets must be mailed or faxed to the AGENCY's Veterans Services Division Administrator's designated staff, at: Washington State Department of Veterans Affairs 915 2nd AVE, ROOM 1050 Seattle WA 98174 Fax: (206) 341-8666 D. The activities pursuant to and in consideration of this Agreement will in no way alter or attenuate the role of COUNTY as advocate for the Veteran. The ultimate responsibility remains on the veteran in all actions taken in support of his or her petition for benefits. Nor will it be construed to obviate or mitigate the responsibility of the US Department of Veterans Affairs to fulfill its legal obligations including duty to notify, duty to inform, and duty to assist veterans in the prosecution of a claim for benefits. Furthermore, the provisions of this Agreement do not establish the COUNTY as an agent of the Department of Veterans Affairs. All provisions contained herein will comply with Federal and State Privacy and Disclosure Acts. Page 2 of 2 ATTACHMENT C REPORTING DOCUMENT Washington State Department of Veterans Affairs Claims Transmittal Cover Sheet (SAMPLE ONLY) Washington State Department of Veterans Affairs , . Claim Transmittal Curer Sheet State Dç A Sat lit Offica Asiatics Qatar Plasancia astir.AgiC111■W FAX (206)341-6666 V apnea: Clathrautt- Addle vs.: Plow, Type of Claim o FDC(Fully Devekgped Claim) 0 Electronic Submits:ions(SEP) 10 010—Bartel CpS or More'sales 0 110—Initial Comp 7 or Less Issues 0 020—Reopened Claim 0 130—Reopened Pension Claim 0 020—Addltag New Issue 0020—RequeMn.g'Increase 0 140—Initial Death Cation 0 160—Plot and Burial Benefits 0 1S —Tith1Dabthty Ranier 0 190—1=41 Death Pension 0 170—Appeal Documents 0 Homeless Veterans 0 01F1 OFF Lawn 1. 6 7. 3. a 5. I The Enclosed Forms;Materials are Sib/Bitted in Support of the Above Veterans Qaim- 020-572 021-4135 021-534 021-0779 0214140-1 021-636c O5TIL's O21-07st 0314142 021-0416 OVet Statement 0214701a 0214192 0214940 Otitamogs- Confirms 021- S45 021-21-4502 0204900 0Death Certificate 021-0547 021-526 ODBQ's 021-22 021-526b 0Buddy statement 021-2680 021-527EZ ODD-219 / OWDVA 055 021-530 0E-Benefits APP Service Officer: Date: QA Officer: Date: REY 11/15/2.013 Page 1 of 1 ATTACHMENT D BUSINESS ASSOCIATE AGREEMENT THIS BUSINESS ASSOCIATE AGREEMENT ("Agreement") is entered into by and between Washington State Department of Veterans Affairs ("Covered Entity"), and Lewis County, Washington ("Business Associate"). RECITALS: A. Covered Entity, including facilities/agencies owned and operated by Covered Entity, is designated as a "Covered Entity," as defined by the federal Health Insurance Portability and Accountability Act of 1996 and its promulgating regulations("HIPAA"), and as amended by the regulations promulgated pursuant to the Health Information Technology for Economic and Clinical Health Act("HITECH"). B. Business Associate has an underlying business relationship ("Underlying Contract") with Covered Entity, in which Business Associate performs functions or activities, or provides certain services, on behalf of Covered Entity. C. In the course of providing such services, Business Associate may have access to, receive from, maintain, transmit, create, and/or receive on behalf of Covered Entity, Protected Health Information ("PHI"). D. Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to this Agreement and in order to comply with HIPAA and its implementing regulations including the Privacy Rule (defined below), the Security Rule (defined below) and the Breach Notification Rule (defined below). NOW, THEREFORE, in consideration of these recitals and the mutual promises contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Covered Entity and Business Associate, intending to be legally bound, agree as follows: AGREEMENT: I. DEFINITIONS A. "Breach" shall have the meaning given to such term at 45 C.P.R. § 164.402. B. "Breach Notification Rule" shall mean the rule related to breach notification for Unsecured Protected Health Information at 45 C.P.R. Parts 160 and 164. C. "Electronic protected health information" or ("EPHI") shall have the same meaning given to such term under the Security Rule, including, but not limited to, 45 C.P.R. § Page 1 of 8 160.103 limited to the information created or received by Business Associate from or on behalf of Covered Entity. D. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules. E. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information, codified at 45 C.P.R. Parts 160 and Part 164, Subparts A and E. F. "Protected Health Information" or "PHI" shall have the meaning given to such phrase under the Privacy and Security Rules at 45 C.P.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of the Covered Entity. G. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information, codified at 45 C.P.R. § 164 Subparts A and C. H. "Unsecured PHI" shall have the meaning given to such phrase under the Breach Notification Rule at 45 C.P.R. § 164.402. I. Other terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy, Security or Breach Notification Rules and the Underlying Contract. Where there is a conflict between meanings in either this Agreement together with the Privacy, Security or Breach Notification Rules and the Underlying Contract, then the meanings in this Agreement together with the Privacy, Security or Breach Notification Rules shall govern. II. OBLIGATIONS OF THE PARTIES WITH RESPECT TO PHI. A. Obligations of Business Associate. Business Associate shall: 1. Not use or disclose PHI other than as permitted or required by the Underlying Contract or as required by law; 2. Not use or disclose PHI in a manner that would violate the Privacy Rule if done by the Covered Entity, unless expressly permitted to do so pursuant to the Privacy Rule and this Agreement, provided that if Business Associate carries out one or more of Covered Entity's obligations under the Privacy Rule pursuant to the Underlying Contract, Business Associate shall fully comply with the Privacy Rule requirements that would apply to Covered Entity in the performing those obligations; 3. Use appropriate safeguards, and comply with the Security Rule at Subpart C of 45 CFR Part 164 with respect to EPHI, to prevent use or disclosure of PHI other than as provided for by the Agreement; Page 2 of 8 4. Report to Covered Entity immediately, and in no case later than five (5) calendar days of Business Associate's discovery, any use or disclosure of PHI not provided for by the Agreement of which it becomes aware, any Breaches of Unsecured PHI as required at 45 CFR 164.410, any security incident of which it becomes aware, or any breach as such may be defined under relevant state data breach laws ("State Law Breach"). Any notice of a Breach or State Law Breach referenced in this Section IV will include the results of the risk assessment of whether there is a low probability that the PHI has been compromised based on the required factors set forth in 45 CFR 164.402 if the Breach is discovered on or after September 23, 2013, and to the extent possible, the identification of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been accessed, acquired, used, or disclosed during such Breach. Notwithstanding anything set forth in this Agreement or the Underlying Contract, Business Associate shall be responsible for the cost of the risk assessment and any breach mitigation expenses and shall indemnify, defend and hold Covered Entity and its officers, directors, affiliates, employees, agents, successors and assigns harmless, from and against any and all losses, claims, actions, demands, liabilities, damages, costs and expenses (including costs, expenses incurred in notifying individuals, the media or government agencies in connection therewith) and any judgments, settlements, court costs and reasonable attorneys' fees actually incurred (collectively, "Breach Claims") arising from or related to: (i) the use or disclosure of PHI in violation of the terms of this Agreement or applicable law, and (ii) whether in oral, paper or electronic media, any HIPAA Breach of unsecured PHI and/or State Law Breach. If Business Associate assumes the defense of a Breach Claim, Covered Entity shall have the right, at its expense, to participate in the defense of such Breach Claim. Business Associate shall not take any final action with respect to any Breach Claim without the prior written consent of Covered Entity. To the extent permitted by law, Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of its agents and subcontractors in furnishing the services as if they were the Business Associate's own acts, failures or omissions; 5. Make available PHI in a designated record set to Covered Entity in the form and format as necessary to satisfy Covered Entity's obligations under 45 CFR 164.524 within five (5) business days of receiving a request from Covered Entity; 6. Provide access, at the request of Covered Entity, and in no case later than five (5) business days after such request, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual or third party designated by the Individual, in the form or format requested if it is readily producible in such form or format in order for the Covered Entity to meet the requirements under the Privacy Rule; Page 3 of 8 7. Make any PHI contained in a Designated Record Set available to Covered Entity (or an Individual as directed by Covered Entity) within five (5) business days of a request for purposes of amendment per 45 C.P.R. §164.526. If an Individual requests an amendment of PHI directly from Business Associate or its Subcontractors, Business Associate shall forward the request to Covered Entity within two business days; 8. Maintain and make available the information required to provide an accounting of disclosures to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 CPR 164.528. If an accounting of disclosures is requested by an individual directly to Business Associate, the Business Associate will forward the request to Covered Entity within two (2) business days; 9. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CPR Part 164, comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation(s) and to the extent any such obligations involve disclosures of PHI to health plans, comply with the requirements of 45 CPR 164.522 regarding requested restrictions on health plan disclosures; 10. Make its internal practices, books and records, including policies and procedures, relating to the use and disclosure of PHI available to the Secretary of HHS and to Covered Entity for purposes of determining Covered Entity's compliance with the HIPAA Rules; 1 1 . Use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI as required by 45 C.P.R. Part 164 Subpart C ("Security Rule"). With respect to EPHI, Business Associate shall comply with all applicable state laws governing information security breaches; 12. Ensure that any agents and Subcontractors that create, receive, maintain or transmit PHI on behalf of Business Associate agree to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. Business Associate shall ensure that any agent or Subcontractor to whom Business Associate provides EPHI agrees to implement reasonable and appropriate safeguards to protect EPHI. 13. To the extent permitted by law, cooperate with Covered Entity to ensure that legal process conforms with the applicable requirements of the HIPAA Rules, or, if necessary in Covered Entity's opinion, obtain a qualified protective order to limit or prevent the disclosure of PHI in the event of the receipt of a subpoena, court or administrative order or other discovery request. Page 4 of 8 B. Permitted Uses or Disclosures by Business Associate. Business Associate may use or disclose PHI only: 1. As necessary to perform the services set forth in the Underlying Contract, provided that Business Associate must be specifically authorized in writing by an authorized representative of Covered Entity to use PHI to de-identify the information in accordance with 45 CPR 164.514(a)-(c); 2. As required by law; 3. I f uses and disclosures and requests for PHI are consistent with Covered Entity's minimum necessary policies and procedures; 4. In a manner that would not violate Subpart E of 45 CPR Part 164 if done by Covered Entity, except that Business Associate may use PHI to carry out the legal responsibilities of the Business Associate only if Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person agrees to notify Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached;and 5. To provide data aggregation services relating to the health care operations of Covered Entity only if authorized to do so in the Underlying Contract. C. Covered Entity Privacy Practices and Restrictions. 1. Covered Entity shall notify Business Associate of any limitation(s) in the notice of privacy practices of Covered Entity under 45 CPR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI. 2. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI. 3. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CPR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. Page 5 of 8 III. TERM AND TERMINATION. A. Term. This Agreement shall be effective as of the date set forth above and shall continue until Business Associate ceases to perform the services defined in the Underlying Contract. B. Termination for Cause. Covered Entity may immediately terminate this Agreement in the event that Business Associate materially breaches any provision of this Agreement or the Underlying Contract. In its sole discretion, Covered Entity may permit Business Associate the opportunity to cure or to take substantial steps to cure such material breach to Covered Entity's satisfaction within thirty(30) days after receipt of written notice from Covered Entity. C. Obligations of Business Associate upon Termination. Upon the expiration or termination of this Agreement for any reason, Business Associate,with respect to PHI received from Covered Entity, shall: 1. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; 2. Return to Covered Entity or destroy all PHI in any form, including such information in possession of Business Associate's Subcontractors, and retain no copies, if it is feasible to do so; 3. If return or destruction is not feasible, extend all protections, limitations and restrictions contained in this Agreement to Business Associate's use and/or disclosure of any retained PHI, and to limit further uses and/or disclosures to only those purposes that make the return or destruction of the PHI infeasible; 4. Not use or disclose PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set forth above in section B under "Permitted Uses and Disclosures by Business Associate"which applied prior to termination. 5. Return to Covered Entity the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. This provision and the breach reporting provisions in Section II (A)(4) shall survive the termination or expiration of this Agreement and/or any Underlying Contract. Page 6 of 8 Iv. MISCELLANEOUS. A. Amendment. Amendments to this Agreement may be necessary to comply with modifications to the HIPAA Rules. Covered Entity and Business Associate agree to use good-faith efforts to develop and execute any amendments to this Agreement as may be required for compliance the HIPAA Rules. This Agreement may be amended or modified only in writing signed by Covered Entity and Business Associate. B. Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect and enforceable in accordance with its terms. C. Independent Contractor. For purpose of its obligations under this Agreement, Business Associate is an independent contractor of Covered Entity and shall not be considered an agent of Covered Entity. D. Limited Liability Exclusion. To the extent that Business Associate has limited its liability under the terms of the Underlying Contract, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, all limitations shall exclude any damages to Covered Entity arising from Business Associate's breach of its obligations relating to the use and disclosure of PHI. E. Equitable Remedies. Business Associate stipulates that its unauthorized use or disclosure of PHI would cause irreparable harm to Covered Entity, and in such event, Covered Entity shall be entitled to institute proceedings in any court of competent jurisdiction to obtain damages and injunctive relief. F. Ownership of PHI. Under no circumstances shall Business Associate be deemed in any request to be the owner of any PHI used or disclosed by or to Business Associate by Covered Entity. G. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein actually confer, upon any person other than Covered Entity, Business Associate and, to the extent specified above, their respective parent entities, subsidiaries, affiliates, facilities, insurers, employees, directors, officers, subcontractors, agents or other members of their respective workforces, successors or assigns, any rights, remedies, obligations or liabilities whatsoever. H. Waiver. No provision of this Agreement or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach. I. Assignment. Neither Party may assign (whether by operating or law or otherwise) any of its rights or delegate or subcontract any of its obligations under Page 7 of 8 this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the prior approval of Business Associate. J. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. Facsimile or electronic signatures shall be treated as original signatures. K. Construction. This Agreement shall be construed as broadly as necessary to implement and comply with the HIPAA Rules. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules. IN WITNESS WHEREOF, Covered Entity and Business Associate have executed this Agreement as of the date first set forth above. BUSINESS ASSOCIATE WA HINGTON STATE DEP T EN V N �FFAIRS By: By: Danette D. York Michael Kashmar Printed Name: Printed Name Director 6 Chief Financial Officer 1( Title Date: Title Date: Page 8 of 8 • BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Aug 27, 2018 Suggested Wording for Agenda Item: Agenda Type: Consent Approve Memorandum of Agreement between the State of Washington Department of Veterans Affairs and Lewis County Contact Danette York Phone: 2774 Department: Public Health and Social Services Action Needed: Approve Resolution Description Our County Veteran Benefits Specialist will take on the role as Veteran Service Officer(VSO) and receive training which will require that he provide services necessary for or incidental to the performance of work in such capacity. The VSO will provide information,referral services, and assistance to veterans and their family members in processing claims applications for the various veterans' benefits to which they may be entitled. The claims work produced under this agreement will be processed through the "Claims Quality-Assurance Program". Approvals: User I Group Status York, Danette ICY— Approved Whiton,Wayne Pending Cover Letter To David Thatcher DEPARTMENT OF VETERANS AFFAIRS 1102 Quince St. SE PO Box 41150 Olympia,WA 98504-1150 Additional Copies Sandi Andrus George Dodd Lewis County VAB