HomeMy WebLinkAboutR-1999-021 People for People, Inc. AgreementRESOLUTION NO. R- 99- 21
A RESOLUTION authorizing and directing the City Manager and the City Clerk
to execute an agreement for 1999 Senior Citizen Transportation
Services with People for People, Inc.
WHEREAS, the City of Yakima currently supports, through a contracted paratransit
program, transportation services provided by People for People, Inc. to disabled and
senior Yakima County citizens within the Yakima Urban Area; and
WHEREAS, federal funds made available to the City of Yakima by the federal Urban
Mass Transit Administration are sufficient and may be used to fully fund the City's
payments for the contracted paratransit services; and
WHEREAS, the contracted paratransit services provided by People for People, Inc. are
also supported by Yakima County through its Office of Aging and Long Term Care for
the same services throughout Yakima County; and
WHEREAS, it is in the best interests of the City to continue supporting transportation
services to disabled and senior citizens in the Upper Yakima Valley by using federal
funds made available to the City of Yakima by the federal Urban Mass Transit
Administration to match state funds provided by Yakima County; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
The City Manager and the City Clerk are authorized and directed to execute the
attached contract documents entitled "Performance Agreement No. 99-PFP(UV)
Administration of Agreement," "Standard Terms and Payment Provisions 1999 Senior
Citizens Transportation Services -- Upper Valley People For People" and "Basic
Agreement for Transportation Services to Senior Citizens in the Upper Yakima Valley".
ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 2nd day of March, 1999.
ATTEST:
City Clerk
John Puccinelli, Mayor
G:\File-Sharing\KAREN-S-FOLDER\E-MAIL ENCLOSURES\senior transp k res.doc
Page 1 of 1
PERFORMANCE AGREEMENT NO. 99-PFP(UV)
ADMINISTRATION OF AGREEMENT
THIS AGREEMENT is entered into this 'Y" day of /4/ffC7...# 1999, by
and between the City of Yakima, hereinaffer denominated the "City," whose address is 129 North Second
Street, Yakima, Washington, 98901, and Yakima County, hereinaffer denominated the "County," acting
through the Office of Aging and Long Term Care, hereinaffer denominated the "ALTC," whose address is
P.O. Box 8349, Yakima, Washington 98908, hereinafter denominated the "Department," and People For
People, whose address is P.O. Box 1665, Yakima, Washington, 98907, hereinafter denominated the
"Contractor," whose duly authorized representatives are named in documents on file at the Office of
Aging and Long Term Care.
THE PURPOSE of this Agreement is to provide for the delivery of Transportation services in
accordance with and governed by the provisions of two documents which are intended to function in
combination, namely the attached document entitled STANDARD TERMS AND PAYMENT PROVISIONS,
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY, PEOPLE FOR PEOPLE, which contains
specific provisions intended to be effective for the calendar year 1999, and Basic Agreement No.
ALTC-09 which contains general provisions the parties expect to remain in effect from year to year. In
the event the parties agree in writing to modification of Basic Agreement, this specific Agreement for
1999 shall conform to the modifications.
PROGRAM
UMTA (through the City)
SCSA (through the County/ALTC)
TOTAL FUNDING ALLOCATION
PERIOD OF AGREEMENT
January 1, 1999 - December 31, 1999
CITY OF YAKIMA
Ns,Nra.,->
Authorized
nature
Dick Zais, City Manager
(Typed) Name and Title
Date: 3./ ` `3'` sy`1 9
Attest: '1t.12-&.-- /
City Clerk
City Contract No: (41
Resolution No. i2 - ` 1
Date: 3 f `e7"L7
AMOUNTS
$55,800 PEOPLE.FOR PEQP
S55,800
SIGNATURES
$111,600
\ \ R23A_ADM \ USERS\SHEILA\99 WPdata\pfpuvatt3
Gary Brueggeman, Exec. Director
or ed Signa j4
(Typed) Name and Title
Date:
YAKIMA COUNTY, Office of Aging and Long
Ter . ar
r i
orized Sign.ture
Helen Bradley, Director
(Typed) Name and Title
Date: 'G�rn/f- ->� �� /999
STANDARD TERMS AND PAYMENT PROVISIONS
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
PEOPLE FOR PEOPLE
SPECIFIC PROVISIONS
APPLICABLE LAWS AND REGULATIONS
The Contractor 'agrees that services contemplated or delivered within the terms of this
Agreement and funds administered in the delivery of the specified services shall be
provided in accordance with all applicable Federal; State, and local laws and regulations,
in particular the following:
A. CFR Title 45, Subtitle A, Part 74, (Administration of Grants)
B. CFR Title 45, Chapter XIII, Subchapter C, Part 1321 (Older Americans Act)
C. WAC 388-17, (Senior Citizens Services Act)
II PROJECT DEFINITION.
Transportation services are designed to transfer older persons to and from social services,
medical and health care services, meal programs, and shopping so such services will be
accessible to eligible individuals who have no other means of transportation or are unable
to use existing transportation. Personal assistance for those with limited physical mobility
shall be provided.
III TARGET POPULATION
A. Transportation services shall be delivered in accordance with the Southeast
Washington Office of Aging and Long Term Care Transportation Program
Standards and information submitted in Request for Proposal. The
Contractor acknowledges receipt of a copy of said standards. Services
provided shall comply with said standards as presently constituted or
subsequently modified and the following:
ALTC and City of Yakima funding is not to be used to displace other funding
sources or used in place of other funds.
City of Yakima residents shall be provided transportation only to
nutrition services under this agreement. City residents should be
referred to the City of Yakima Dial -A -Ride Program for transportation
other than for nutrition services.
2. Nutrition, medical and shopping transportation services for elderly
persons who live outside the City of Yakima.
3. Local medical rides for Medicaid clients living in their own homes,
not covered under DSHS. Prior approval must be obtained from
ALTC before a ride is authorized.
C:\word\transit\senior transp K\'99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
•
Page 1 of 9
•
IV PARTICIPANTS
The Contractor agrees that:
A. The target population for transportation services are the individuals
referenced in the Transportation Program Standards.
B. There will be written assessment procedures utilized by the Contractor to
determine if clients meet the program target population criteria.
C. The indicators used by the Office of Aging and Long Term Care to assess its
effectiveness at targeting services to individuals who may be vulnerable
are:
Racial minority
Low-income
75 years of age or older
Limited or non-English speaking
Living alone
ALTC funding should encourage the effective targeting of services to the
vulnerable elderly by the Contractor. Specific goals for 1999 are as follows:
Target Group Percentage
Racial or ethnic minorities 11
Low-income 50%
75 years of age or older 55%
Limited or non-English speaking 4%
Living alone 40%
The Contractor must report on clients served in these categories.
V SERVICE SPECIFICATION
The Contractor agrees that services provided within the terms of this Agreement shall meet
the following specifications:
A. Efforts will be made to assure access of service to the target population, to
include at least the following:
1. Accessible office or site location;
2. Home visits or home delivery of services (if applicable);
3. Multicultural, bilingual persons to assist multicultural, bilingual clients
in receiving services;
4. Publicity of program through public service announcements,
brochures, etc.;
5. Meeting with other service providers/agencies to explain services
the Contractor provides and how referral can be made;
6. Ability to serve individuals with disabilities.
B. When there are multiple funding sources, neither ALTC nor the City may be
charged for provider to solicit bids for other contracts; coordination with
C:\word\transit\senior transp KV99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
Page 2 of 9
other transportation programs is welcome as long as costs are allocated
appropriately, i.e., vehicle depreciation, dispatching, etc.
C. Participants shall be referred to other transportation systems as•determined
appropriate.
D. The Contractor shall establish a system through which clients of services
under this approved Agreement may present grievances as outlined in the
Basic Agreement, Section XVIII. •
E. Services shall be provided throughout Yakima County.
VI ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATE
The Contractor agrees that:
A. The level of service to be provided shall be as described in the Statement of
Work sections of this Agreement. Failure to meet the service levels as
defined in this Agreement may result in renegotiation of the funding levels
provided under the terms of this Agreement;
B. Either the City or the . County may unilaterally reduce the Agreement
budget within thirty (30) days of the close of the quarter by the amount of
the projected quarterly expenditures left unspent at the end of the quarter.
If either the County or the City so elects, it shall notify the Contractor of
intent to recapture unspent funds and a modification to the budget
reflecting the adjusted changes in the Agreement.
C. UNITS OF SERVICE
1. Definition:
a. A unit of transportation service shall be defined as one (1)
vehicle service hour while transporting eligible participants.
b. A boarding shall be defined as a one passenger, one-way
ride from pickup point to destination.
2. There will be 138 unduplicated individuals served in the Upper
Yakima Valley by this Agreement.
3. Anticipated Service Level by Quarter:
Month
Upper Valley
Hours
Boardings
January - March
833
3,865
April - June
832
3,865
July - September
833
3,865
October - December
833
3,865
TOTAL
3,331
15,460
C:\Word\transit\senior transp K\'99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
a
Page 3 of 9
4. Anticipated Expenditure Rate by Quarter:
Month
Rate
January - March
$27,900
April - June
$27,900
July - September
$27,900
October - December
$27,900
TOTAL
$111,600
VII ADMINISTRATIVE AGREEMENTS
A. Access by the County or the City: The Contractor shall provide access at all
reasonable times for the County or the City to monitor and/or evaluate the
provisions of services under this Agreement. Either the County or the City
may, with prior permission from the participant and knowledge of the
Contractor, interview a certain percentage of participants to ascertain their
experience with the program.
B. Records and Reports: The Contractor agrees to:
1. Maintain program records and reports, including statistical
information, and to make such records available for inspection by
the County or the City in order for the County and the City to be
assured that contracted activities remain consistent with the terms
of this Agreement and the currently approved SE/ALTC Area Plan
which shall be kept on file at the ALTC office. The Contractor further
agrees to provide such information as requested by the County or
the City within each entity's established time limits;
2. Submit the monthly report showing service level provided by the
ninth day of each month following the month during which the
services were provided. A quarterly report must be submitted to
ALTC by the end of the month following the end of each quarter.
3. Complete and submit such additional reports as are required by the
County or the City within the specified time frames, providing the
Contractor is given a written request for the reports thirty (30) days
prior to the due date.
C. Inventory: The Contractor agrees to:
1. Submit to the County and the City separate vendor invoice(s) at the
same time with the monthly billing before County or City
reimbursement of expenditures for authorized items of $1,000.00, or
more;
2. Complete at least once a year a physical inventory, using the forms
provided by the County or the City, of all equipment purchased with
Office of Aging and Long Term Care or City funds.
C:\word\transit\senior transp KV99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES UPPER VALLEY
Page 4 of 9
D. Contractors Meeting: The Contractor agrees to have a representative
attend meetings of the Office of Aging and Long Term Care Contractors
and Long Term Care Planning Committee.
E. Program Publication: The Contractor agrees that:
1. The program shall be publicized on a regular basis, with all publicity
and printed material identifying the Southeast Washington Office of
Aging and Long Term Care and the City of Yakima as funding
agencies;
2. All material distributed with regards to publicizing the program
contain a statement assuring non-discrimination. Following is the
wording suggested:
People for People does not discriminate in providing services
on the grounds of race, creed, color, religion, national origin,
gender, age, marital status, or the presence of any sensory,
mental, or physical handicap.
3. Materials publicizing the program must be printed in other
appropriate languages in counties that have a specific minority 60+
population of three (3%) percent or more of the general 60+
population.
F. Additional Remuneration Prohibited: Neither the Contractor nor any of its
officers, employees, agents or representatives, shall solicit, impose any fees,
or accept any remuneration whatsoever from clients, friends, relatives, or
representatives of any clients for services performed for that client under this
Agreement other than the client matching monies or donations (see
Section I). In the event that this provision is violated, the County and the
City shall have separate rights to assert a claim against the Contractor on its
own behalf and/or on behalf of the client.
G. Private Pav: The Contractor, who offers to the general public on a private
pay basis a service comparable to the service described in this Agreement,
must assure that neither the County nor the City is charged more for the
service than the private pay fee. The responsibility lies with the Contractor
to justify that a service provided at a different rate is not comparable to this
service.
H. Maintenance of Funding Sources: The Contractor agrees that:
1. Neither City nor County funds may be used to replace funds from
any other existing program funding;
2. It will continue or initiate efforts to obtain support from private
sources and other public organizations for this service.
3. It will utilize new funding sources for this service if they become
available through the County or the City and it will make any
0
C:\word\transit\senior transp KV99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY Page 5 of 9
•
•
changes necessary to meet the requirements of the new funding
sources.
Fees and Donations: The Contractor agrees that:
1. It will assure that older persons have the opportunity to contribute to
all or part of the cost of the service, but service will not be denied if
participant cannot or does not wish to contribute;
2. It shall utilize client donations to meet project expenses before using
State or Federal funds. Client donations may be used to satisfy
matching requirements;
3. It shall provide that the methods of receiving fees, donations and
contributions from individuals shall be handled in such a manner so
as not to publicly differentiate among individuals;
4. All project income derived from the provision of services described
herein or incorporated by reference herein or derived or generated
through program fund-raising activities or profits earned from fixed
rate service shall stay with the project and shall be used to provide
increased levels or improved quality of service to the target
population.
J. Monitoring/Assessment Procedures: The Contractor agrees to:
1. Monitor both its fiscal and program status monthly and assess its
performance on program objectives and activities covered under
this Agreement on an ongoing basis;
2. Monitor and assess on an ongoing basis the performance of any
subcontracting agencies, and insure that funds made available are
expended only in accordance with the specific provisions of this
Agreement;
3. Recognize that the County and the City will monitor and assess the
activities and progress of all, programs covered under this
Agreement on an ongoing basis. Said monitoring and assessment
will be accomplished through, but not limited to, review of program
and financial reports, on-site visits (service delivery and
administrative sites), conference with program administrators and
staff, and visits by members of the Office of Aging and Long Term
Care (ALTC) staff and ALTC Advisory Council. Monitoring may
include assessing performance based on information submitted in
Request for Proposal (RFP). Prior notice of all such visits will be
provided; .
4. Authorize and/or participate in any program or fiscal evaluations or
studies conducted by the City, the County, or DSHS. Prior notice will
be provided as well as final reports of evaluations or studies;
C:\word\transit\senior transp K\'99\lop rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
Page 6 of 9
5. Conduct a. self-evaluation of the program annually. The self-
evaluation shall include a survey of at least 10% of clients utilizing the
service. The Contractor shall take steps to correct deficiencies
found during the intemal monitoring. Monitoring reports shall be
made available to the County upon request.
PAYMENT PROVISIONS
CONSIDERATION
Payment shall be based on claims for reimbursement as reported on City of Yakima or
Office of Aging and Long Term Care invoices and support documentation and shall be
contingent upon the receipt of all required financial and program reports by the
respectively assigned due dates.
The County and the City shall renegotiate the unit rate the following contract year if
revenue and expense reports indicate a profit of more than three percent (3%).
Neither the City nor the County shall be held responsible for any financial loss suffered by
the Contractor as a result of performance of services as outlined in this Agreement in the
mutually agreed budget, service delivery standards, units of service and payment
standards.
11 GENERAL PAYMENTS CONDITIONS
The Contractor agrees to the following standards in satisfactorily performing the terms and
conditions of this Agreement:
A. No payment shall be made for any contracted activity rendered by the Contractor
which is not identified within the terms and conditions of this Agreement and set
forth within a category of the budget.
B. The Contractor shall submit to both the County and the City a written request for
approval of budget revision when:
1. The revision would change the scope or objectives of any contracted
activity category;
2. Additional revenue is received for contracted activities within the terms of
this Agreement;
3. The Contractor desires to transfer funds from one budget category to
another. Budget category transfers shall, for the purpose of this Agreement,
be defined as transfers inclusive of those occurring between sub -object
categories when the cumulative amount of all transfers exceeds four
percent (4%) of the County budgeted amount for administration or service
delivery.
C. Payments shall be based on the City and County's respective separate receipt of
all fiscal and programmatic reports required by this Agreement to substantiate
C:\Word\transit\senior transp K\'99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
0
•
•
Page 7 of 9
claims for reimbursement.. The City and County expressly reserve their separate
rights to withhold payment in whole or in part when:
1. The Contractor fails to submit all required documentation, or
2. In either the City or the County's respective separate judgment, additional
information is required to substantiate the basis upon which claims for
reimbursement are made, provided the request for such additional
information is consistent with the requirements of this Agreement; or
3. Claims for reimbursement are inconsistent with the terms and conditions of
this Agreement; or
4. Claims for reimbursement on unit rate price Agreements exceed the
administrative and service delivery budgets without in-kind contributions by
greater than five (5%) percent of their respective allotted amount; or
5. Claims for reimbursement on line -item ,cost Agreements exceed the
administrative and service delivery budgets of City or County contracted
funds by greater than five (5%) percent of their respective allotted amount.
D. Program Income - Gross income received by the contractor and/or subcontractors
directly generated by federal funds or a federal grant supported activity or earned
as the result of the grant and/or federal contract.
1. Program income may include, but. is not limited to, income from: fees for
services performed, proceeds from the sale, lease or rent of assets which
were acquired using federal funds, contributions/donations from clients,
honorariums, consultant fees, training fees, and the like, earned by staff
when time spent earning such honorarium or fee was charged to federal
funds, and revenue generated from sale of fabricated items.
2. Use program income in accordance with the Department of Health and
Human Services Administration of Grants, 45CFR, Sec. 25. Costs borne by
the program income must be used to satisfy cost sharing or matching
requirements.
The County and City agree to promptly notify the Contractor of any. proposed reduction in
funding by State, Federal, or other officials. The Contractor agrees that upon receipt of
such notice it shall take appropriate and reasonable action to reduce its spending in the
affected funding area so that expenditures do not exceed the funding level which would
result if said proposed reduction became effective.
III BILLING PROCEDURES
A. The Contractor shall submit separate written claims for reimbursement of
contracted activities provided on the appropriate forms to the City and ALTC
respectively. All payments will be based on contracted activities provided unless
otherwise approved in writing by the City or the County.
B. The City and County each agree to make separate payment for equal matching
shares of contracted services. In the case of the County, payment shall be made
C:\word\transit\senior transp K\'99\lap rev'd 99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
Page 8 of 9 .
by the Auditor of Yakima County with County warrants within twenty (20) working
days, contingent upon the availability of funds, following receipt of the Contractor's
claims for reimbursement, provided that claims for reimbursement are received by
the County by the ninth day of each month following the month during which the
services were provided. No payment shall be made in the month services are
rendered unless otherwise approved by the County. If the twentieth day of a
month falls on a Saturday, Sunday or holiday, payment will be made the next
County working day. Payments at the end of each month will be made on the last
County workingday for that month.
C. PAYMENT CONSIDERATIONS
YAKIMA COUNTY: As . consideration for senior citizen transportation services
provided under this Agreement, and in accordance with the Budget Provisions of
this Agreement, the County agrees to pay the Contractor a sum not to exceed Fifty
Five Thousand Eight Hundred Dollars ($55,800.00) from available funds as submitted
on the 1999 Contract Extension Budget Summary. This total sum shall be available
during the period January 1, 1999 through December 31, 1999. Payment to the
Contractor for this unit rate price Agreement shall be based on the unit rate of
$16.75 per vehicle service hour of Transportation services during the period January
1, 1999 through December 31, 1999. Client donations received in excess of $5,000
will be used to provide additional units of service at the unit rate of $17.51 per
vehicle service hour or be spent first before City or County/ALTC funds are used.
CITY OF YAKIMA: As consideration for senior citizen transportation services
provided under this Agreement, the City shall pay the Contractor a total not to
exceed Fifty Five Thousand Eight Hundred Dollars ($55,800.00). The City shall use
funds provided by the Urban Mass Transportation Administration (UMTA) to match
funds provided by the Yakima County Office of Aging and Long Term Care on a
one-to-one basis to achieve project funding total of $111,600. This total shall be
available during the period January 1, 1999 through December 31, 1999. Said sum
shall be paid monthly upon proper billings submitted to the City. Said payments
are expressly conditioned upon the Contractor providing satisfactory services
hereunder and documentation (invoices/billings). Payment to the Contractor for
this unit rate price Agreement shall be based on the unit rate of $16.75 per vehicle
service hour of Transportation services during the period January 1, 1999 through
December 31, 1999. Client donations received in excess of $5,000 will be used to
provide additional units of service at the unit rate of $17.51 per vehicle service hour
or be spent first before City or County/ALTC funds are used.
The payment for COPES services will be in addition to the contracted amount. The
COPES payment will be based on claims for reimbursement as reported on the
COPES services billing. This includes clients now authorized, number of units of
service and the actual number of units provided. The COPES unit rate will be $17.51
per service hour.
C:\Word\transit\senior transp \lap rev'd.99stppfp.doc
1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY
0
0
Page 9 of 9
BASIC AGREEMENT
FOR TRANSPORTATION SERVICES
TO SENIOR CITIZENS IN THE UPPER YAKIMA VALLEY
THIS BASIC AGREEMENT is entered into by and between the CITY OF YAKIMA, hereinafter called the
"City," whose address is 129 North Second Street, Yakima, Washington, 98901, and YAKIMA COUNTY,
hereinafter called the "County," whose address is Yakima County Courthouse, Room 102, 128 North
2nd Street, Yakima, Washington, 98901, and PEOPLE FOR PEOPLE, hereinafter called the "Contractor,"
whose address is P.O. Box 1665, Yakima, Washington, 98907.
I. PURPOSE
The purpose of this document is to establish a Basic Agreement containing general terms which
shall be incorporated by reference into any Contract, as defined herein, executed between the
City of Yakima and Yakima County, acting on its own behalf or through Southeast Washington
Office Of Aging & Long Term Care, for People for People to provide transportation services to senior
citizens in the Upper Yakima Valley.
II. AUTHORITY OF THE DIRECTOR OF SOUTHEAST WASHINGTON OFFICE OF AGING & LONG TERM
CARE
The County hereby appoints and the Contractor hereby accepts the Director of Southeast
Washington Office Of Aging & Long Term Care, or a designee, as the County's representative for
the purpose of administering the provisions of this Basic Agreement and subsequent Contracts,
including the County's right to inspect facilities and records, to receive and act on reports and
documents, to request and receive additional information from the Contractor, to approve budget
revisions and payment changes, to approve fee schedules for services, to assess the general
performance of the Contractor, to determine if contracted services are being delivered in
accordance with Federal, State, and local laws and regulations, to approve subcontracts, and to
suspend this Basic Agreement or any Contract. All actions taken by the Director shall be subject to
approval by the County. The County reserves the right to terminate this Basic Agreement or any
Contract and to commence civil action for its enforcement.
The City shall act on its own behalf.
III. EXTENT OF AGREEMENT
This Basic Agreement and the calendar year contract document entitled "STANDARD TERMS AND
PAYMENT PROVISIONS, 1999 SENIOR CITIZENS TRANSPORTATIONS SERVICES -- UPPER VALLEY, PEOPLE
FOR PEOPLE," or its counterpart for succeeding years, hereafter referred to as a "Contract," contain
all the terms agreed upon by the parties. No other understandings, wriffen or oral, regarding the
subject matter of this Basic Agreement or any Contract shall bind the parties, unless expressly so
stated in writing signed by all the parties.
IV. PERIOD OF AGREEMENT
The term of this Basic Agreement shall commence upon the date of execution and shall remain in
full force and effect until specifically modified or terminated by mutual assent of the parties
regardless of the modification or termination in whole or in part of any Contract. This Basic
Agreement supersedes any prior Basic Agreement executed between the City, the County and the
Contractor.
V. COMPLIANCE WITH LAWS
The Contractor, in performance of this Basic Agreement and any Contract, shall comply with all
applicable Federal, State, and local laws and regulations.
\ \R23A_ADM \ USERS\SHEILA\99 WPdata\ptpuvatt2
Page 1 of 12 Basic Agreement No. ALTC-09
VI. ORDER OF PRECEDENCE
Unless otherwise provided in a Contract, any inconsistency in the Basic Agreement or a Contract
shall be resolved by giving precedence in the following order:
A. Applicable Federal and State laws and Regulations;
B. The terms and conditions of a Contract;
C. The terms and conditions of the Basic Agreement;
D. Any other provisions incorporated in writing into the Basic Agreement or Contract.
VII. RELATIONSHIP OF THE PARTIES
The parties agree that the Contractor is an independent contractor and not an agent or employee
of either the County or the City. Agents, employees, or representatives of the Contractor shall
neither claim to be nor present themselves as employees, agents, or representatives of either the
County or the City for any purpose. Employees of the Contractor are not entitled to any benefits
either the County or the City provides for its employees.
VIII. DEFINITIONS
Terms used throughout this Basic Agreement shall have meanings as defined in the Washington
Administrative Code (WAC). Additionally, the following words shall have the meanings as
indicated:
Basic Agreement - This Agreement, which identifies the Contractor and the general terms that
apply when and if the County and the City and the Contractor execute a Contract for
transportation services to senior citizens in the Upper Yakima Valley. The terms of the Basic
Agreement are applicable to a Contract.
Client - An individual applying for or receiving goods, services or benefits under a Contract. The
terms Consumer and Participant are synonymous.
Contract - A document consisting of terms specific to contracted services for a specific calendar
year, including Specific Provisions, Payment Provisions, and a Budget.
Contracted Services - Those services to be provided by the Contractor under the terms of a
Contract.
Contractor - The individual or entity entering into this Basic Agreement with the County and the
City. If a Contract is subsequently executed, the Contractor will deliver contracted services.
Contractor includes authorized representatives and subcontractors retained to deliver contracted
services.
Southeast Washington Office Of Aging & Long Term Care - The Yakima County Southeast
Washington Office Of Aging & Long Term Care.
Director - The Director of the Yakima County Southeast Washington Office Of Aging & Long Term
Care or designee.
Subcontract - An agreement between the Contractor and a subcontractor, or between a
subcontractor and another subcontractor, for the delivery of contracted services. The term
subcontract does not include the purchase of supplies or support services that do not directly
affect the client's health or welfare. The term subcontract mean subcontract in any tier.
Subcontractor - An individual or other entity delivering contracted services under a separate
agreement with the Contractor or another subcontractor. The terms "subcontractor" means
subcontractor in any tier.
IX. SAFEGUARDING OF INFORMATION
The use or disclosure by the Contractor of confidential information concerning a client is prohibited
\\R23A ADM \ USERS \ SHEILA \ 99 WPdata \ pfpuvatt2
Page 2 of 12 Basic Agreement No. ALTC-09
without the written consent of the client, their designee, or responsible parent or guardian if the
client is incompetent or a minor, or as otherwise provided by law, except:
A. The Director, the City, or the Contractor may disclose information to each other, the State of
Washington, or the Federal government for purposes directly connected with the
administration of this Basic Agreement or any Contract. Such information includes
determining eligibility, delivering services, and participating in an audit.
B. The Director, the City, or the Contractor may disclose information to appropriate Federal
agencies and the State of Washington for research, monitoring, statistical, and evaluation
purposes.
X TREATMENT OF ASSETS
Real and personal property shall not be purchased under this Basic Agreement or any Contract
without prior written approval from the Director and the City. An inventory of such property shall be
completed annually and submitted to the Director and the City.
A. Definitions:
1. Nonexpendable Personal Property means tangible personal property having a useful
life of more than one year and an acquisition cost of $300.00 or more per unit, unless
defined otherwise by Contract.
2. Personal Property means property of any kind except real property.
3. Acquisition Cost means the amount expended for property, excluding interest and
the book value (acquisition cost less depreciation ) of any trade-in.
4. Useful Life of property means that useful service life as based on the U. S.
Department of Treasury, Internal Revenue Service, policies on depreciation for tax
purposes, unless the Contractor can document to the written satisfaction of the
Director some different period.
B. Title to all property furnished by the County or the City with City, County, State, or Federal
funds shall remain with the City, the County, the State of Washington, or the Federal
Government as their respective interests may appear.
C. Title to all nonexpendable personal property purchased by the Contractor, the cost of
which the Contractor is entitled to be reimbursed as a direct item of cost under a Contract,
shall pass to and vest in the City, the County or State of Washington, or Federal Government
as their respective interests may appear, upon delivery of such property.
D. Nonexpendable personal property purchased by the Contractor under the terms of any
Contract in which title is vested in the City, the County, State, or Federal Government shall
not be rented, loaned, or otherwise passed to any person, partnership, corporation,
association or organization without the prior written approval of the City, the County, State,
or Federal Government.
E. Nonexpendable personal property furnished to or purchased by the Contractor, which is
vested in the City, the County, State, or Federal Government, shall be used only for the
delivery of contracted services.
F. As a condition precedent to reimbursement for the purchase of nonexpendable personal
property, title to which shall vest in the City, the County, State, or Federal Government, the
Contractor agrees to execute such security agreements and other documents as shall be
necessary for the City, the County, State, or Federal Government to protect their respective
interests in such property in accordance with the Uniform Commercial Code -Secured
Transactions as codified in Article 9, Title 62A, ROW.
G. The Contractor shall be responsible:
\ \ R23A_ADM \ USERS\SHEILA\99 WPdata\ pfpuvatt2
Page 3 of 12 Basic Agreement No. ALTC-09
1. For loss or damage to property of the City, the County, State, or Federal Government
which results from negligence, willful misconduct, or lack of good faith on the part of
the Contractor;
2. To maintain and administer property in accordance with sound management
practices; and
3. To ensure that the property shall be returned to the City, the County, State, or
Federal Government in condition as good as when acquired, reasonable wear and
tear excepted.
H. Upon the loss or destruction of or damage to City, County, State, or Federal Government
property, the Contractor shall notify the Director and the City thereof, and shall take all
reasonable steps to protect that property from further damage.
I. The Contractor shall surrender to the Director and the City all property of the City, County,
State, or Federal Government within 30 days after settlement upon rescission, termination, or
completion of this Basic Agreement or the Contract(s) for which the property was
purchased, unless otherwise mutually agreed between the Contractor, the City, and the
Director.
J. The Director may, at his or her discretion, and the City may, in its discretion, abandon in
place property in which title is vested in the City, County, State, or Federal Government
under the terms of this Basic Agreement insofar as permitted by law, rule, or regulation, and
thereupon all rights and obligations of the City, County, State, or Federal Government
regarding such abandoned property shall cease.
XI. LICENSING AND PROGRAM STANDARDS
The Contractor shall comply with all applicable Federal, State, and local laws and regulations for
licensing, certification and operation of facilities and programs, and accreditation and licensing of
individuals, and other standards or criteria as described in this Basic Agreement or any Contract to
assure quality of services.
XII. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor's fiscal management system shall:
1 Provide accurate, current, and complete disclosure of the financial status of each
Contract;
2. Identify the source and application of all funds received for contracted services,
distinguish costs of contracted services delivered under the terms of the Contract
from all other costs and provide for accounting separation of all funds received; and
3. Report all revenue and expenditures to the Director and the City in a manner
consistent with generally accepted accounting principles.
B. The Contractor agrees to maintain written accounting procedures.
C. The Contractor agrees to:
1. Maintain records and documents which accurately reflect all direct and indirect
costs related to the delivery of contracted services; and
2. Retain all fiscal and program records and other material relevant to a Contract for
at least seven years. Fiscal records must be retained until all audits are resolved.
XIII. INSPECTION
A. The Contractor shall give access to its facilities and records to any authorized officer,
employee or agent of the City, the County, the State of Washington or the Federal
Government at all reasonable times. Authorized persons shall have the right to examine the
\ \R23A_ADM\ USERS \ SHEILA \99 WPdata \ pfpuvatt2
Page 4 of 12 Basic Agreement No. ALTC-09
Contractor's performance and financial records and perform other activities to determine
the Contractor's compliance with the terms of this Basic Agreement and any Contract. The
Director or the City, as the case may be, shall give the Contractor reasonable notice of
monitoring, auditing, observation and other visits by its officers and employees to the
Contractor's place of business.
B. The Director and the City may require the Contractor to make reasonable changes in the
contracted services, as completed or to be completed, if the contracted services fail to
conform to the standards and specifications set forth in a Contract.
C. The Contractor shall notify the Director and the City immediately of inspections, audits,
accreditations, or program reviews related to the delivery of contracted services. The
Contractor agrees to provide the Director and the City copies of written reports of
inspections, audits, accreditations or program reviews within 72 hours.
XIV. HOLD HARMLESS
Each party shall indemnify and hold harmless the other, its elected officials, officers, agents,
employees, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, damages, judgments, awards, costs, and expenses (including costs of defense, attorney's
fees and disbursements) resulting or allegedly resulting from a failure to comply with this agreement,
including audit exceptions, or the negligent or reckless acts, or intentional misconduct of the
indemnifying party, its agents, employees, or subcontractors. Each party agrees to be responsible
for its own negligence and/or deficient performance under this Agreement for which it would be
deemed legally liable, and nothing herein requires any party to hold harmless or otherwise
indemnify another party for that other party's negligence, reckless acts, or intentional misconduct.
XV. AUDIT REQUIREMENTS
A. Definitions
Single Audit means an audit that will encompass the entirety of the financial operations of
the Contractor and shall determine and report whether:
1. The financial statements of the Contractor present fairly its financial position and the
results of its financial operations in accordance with generally accepted accounting
principles, and whether the Contractor has complied with laws and regulations that
may have a material effect upon the financial statements;
2. The Contractor has internal control systems to provide reasonable assurance that it is
managing Federal financial assistance programs in compliance with applicable
laws and regulations; and
3. The Contractor has complied with laws and regulations that may have a material
effect upon each major Federal assistance program. In testing compliance for this
section the auditor must select and test a representative number of transactions
from each major Federal assistance program.
Program -Specific Audit means an audit of one Federal program in accordance with
Federal laws, regulations, or audit guides relative to that particular program. When a
Contractor expends Federal Financial Assistance under only one Federal program and the
Federal program's laws, regulations, or grant agreements do not require a financial
statement audit of the Contractor, the Contractor may elect to have a program -specific
audit.
Subrecipient means any person or government department, agency, or establishment that
receives federal financial assistance to carry out or administer a program but not an
individual who is a beneficiary of such a program. Distinguishing characteristics of a
subrecipient include such items as responsibility to meet compliance requirements,
\ \ R23A_ADM \ USERS \ SHEILA \ 99 WPdata \ pfpuvatt2
Page 5 of 12 Basic Agreement No. ALTC-09
performance measured against meeting the objectives of a program, responsibility for
programmatic decision making, and determining eligibility for assistance.
Vendor means an entity responsible for providing generally required goods or services
related to the administrative support of the Federal assistance program. Distinguishing
characteristics of a vendor include such items as providing the goods or services within
normal business operations, operating for a profit, providing similar goods or services to
many different purchasers, operating in a competitive environment, and not having
responsibility for adherence to program compliance requirements.
Federal Financial Assistance means assistance provided by a Federal agency in the form of
grants, contracts, cooperative agreements, loans, loan guarantees, property, interest
subsidies, insurance, or direct appropriations. It does not include direct Federal cash
assistance to individuals. It includes awards received directly from Federal agencies or
indirectly through other units of state and local governments.
B. The Contractor, if a subrecipient of Federal Financial Assistance and expends (from all
sources) $300,000 or more a year in Federal Financial Assistance, shall purchase annually a
single or program -specific audit conducted for that year by a government auditor or public
accountant who meets the standards for independence specified in the Government
Auditing Standards. The Contractor agrees to:
1. Adhere to the Office of Management and Budget (OMB) Circular A-133 and other
relevant Federal and State Requirements;
2. Provide access to independent auditors to its financial records; and
3. Maintain accounting records that will enable identification of all federal funds
received and expended by the OMB Catalog of Federal Domestic Assistance
number.
C. The Contractor, if a subrecipient of Federal Financial Assistance and expends less than
$300,000 per year in Federal awards is exempt from Federal audit requirements for that
year, but records must be available for review or audit by appropriate officials of the
County, State, Federal Government or their authorized representative.
D. The Contractor, if a vendor, is exempt from Federal audit requirements but records must be
available for review by appropriate officials of the Federal agency, pass-through entity, and
the General Accounting Office. The Contractor agrees to:
1 Ensure that transactions are in compliance with laws, regulations, and the provisions
of the Contract or grant agreements;
2. Maintain accounting records that will enable identification of all federal funds
received and expended; and
3. Provide access to its financial records by appropriate officials of the City, the
County, State, Federal Government or their authorized representative to determine
program compliance.
E. The Contractor shall submit the audit report and any management letter to the Director
concurrent with their issuance.
XVI. INSURANCE AND BONDING
A. City of Yakima Requirements
1. Liability Insurance. On or before the date this Agreement is fully executed by the
parties, the Contractor shall provide the City with a certificate of insurance as proof of
commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. The certificate
\ \ R23A_ADM \ USERS \ SHEILA \ 99 WPdata \ pfpuvatt2
Page 6 of 12 Basic Agreement No. ALTC-09
shall clearly state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect (any statement in the certificate to
the effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration
of this Agreement. The policy shall name the City, its elected officials, officers, agents, and
employees as additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City thirty (30) calendar days prior written
notice. Any language in the clause to the effect of "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent. The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
2. Automobile Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Contractor shall provide the City with a certificate of insurance
as proof of automobile liability insurance with minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. The certificate
shall clearly state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect (any statement in the certificate to
the effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration
of this Agreement. The policy shall contain a clause that the insurer will not cancel or
change the insurance without first giving the City thirty (30) calendar days prior written
notice. Any language in the clause to the effect of "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent. The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
B. Yakima County Requirements
The Contractor shall carry, without interruption during the term of a Contract, a
comprehensive bodily injury and property damage liability insurance policy in a minimum
amount of $1,000,000.00 Combined Single Limit (CSL) unless specified otherwise in the
Contract, The Contractor shall also carry either professional liability coverage for the
duration of a Contract or ensure that any licensed or certified professional providing
contracted services carries their own professional liability coverage. Certification of
insurance shall be submitted to the Director within thirty days after execution of a Contract.
C. Common Requirements
1. The Contractor agrees to maintain, without interruption during the term of a
Contract, a Fidelity Bond in a minimum amount of $50,000, unless specified otherwise in the
Contract, which covers all individuals responsible for the administration of funds provided
within the terms of a Contract, Certification of bonding shall be submitted to the Director
and the City within thirty days after execution of a Contract.
2. The Contractor shall notify the Director and the City immediately if either insurance
or bonding coverage is terminated during the term of a Contract or is reduced below
contractual requirements.
XVII. NONDISCRIMINATION
A. The Contractor shall develop or adopt a nondiscrimination plan consistent with the
Washington State Law Against Discrimination (RCW 49.60).
B. The Contractor shall not, on the grounds of race, creed, color, religion, national origin,
gender, age, marital status, or the presence of any disability:
1. Deny an individual contracted services or benefits;
\ \R23A_ADM \ USERS \ SHEILA \ 99 WPdata \ pfpuvatt2
Page 7 of 12 Basic Agreement No. ALTC-09
2. Provide contracted services or benefits to an individual which are different, or are
provided in a different manner, from those provided to others;
3. Subject an individual to segregation or separate treatment in any manner related to
the receipt of contracted services or benefits; or
4. Deny an individual an opportunity to participate in any program or afford an
opportunity to do so which is different from that afforded others.
C. The Contractor shall not use criteria or methods of administration which have the effect of
subjecting individuals to discrimination because of race, creed, color, religion, national
origin, gender, age, marital status, or the presence of any disability; or have the effect of
defeating or substantially impairing the delivery of contracted services to individuals of a
particular race, creed, color, religion, national origin, gender, age, marital status, or disability
status through the selection of:
1. The types of contracted services or other benefits to be provided;
2. The class of individuals to whom, or the situation in which, such contracted services
or other benefits shall be provided; or
3. The class of individuals to be afforded an opportunity to receive contracted services
or other benefits.
D. The Contractor shall comply with all Federal and State nondiscrimination rules, including:
1. The Americans With Disabilities Act (ADA) of 1990 which prohibits discrimination
against qualified individuals with disabilities and requires reasonable
accommodations to the known physical or mental limitations of an otherwise
qualified individual.
2. Title VI of the Civil Rights Act of 1964 as amended.
3. Section 504 of the Rehabilitation Act 1973 as amended.
4. The Age Discrimination Act of 1975 as amended.
5. The Washington State Law Against Discrimination, RCW 49.60.
E. The Contractor shall have a written procedure for resolving complaints which allege a
violation of Federal laws against discrimination. A copy shall be made available to clients
and applicants for contracted services. Such procedures should include time frames for
Contractor response or action. Persons wishing to file a complaint shall be advised in writing
of their right to file their complaint within 180 days of the alleged act of discrimination
directly with the DSHS Office of Equal Opportunity, the Washington State Human Rights
Commission, the U.S. Equal Employment Opportunity Commission, the U.S. Department of
Health and Human Services Office for Civil Rights, or the U.S. Department of Labor Office of
Contract Compliance.
F. The Contractor shall require subcontractors to fully comply with the provisions of this section,
Including sanctions for noncompliance.
XVIII. INCIDENT REPORTING
The Contractor agrees to report any extraordinary incident to the City and the Director, in writing,
within three working days of the occurrence of an incident. A reportable incident is one which
occurs or arises under this Basic Agreement or any Contract, and which involves:
A. A death or injury, requiring inpatient hospital care, of a client or person under the care,
supervision, or control of the Contractor at the time of the incident;
\\R23A_ADM \ USERS \ SHEILA \99 WPdata \ pfpuvatt2
Page 8 of 12 Basic Agreement No. ALTC-09
B. An act of violence or serious crime in which the victim or the perpetrator is a client or
person employed by or under the care, supervision, or control of the Contractor at the time
of the incident;
C. An incident of such public concern that the Director or the Board of Yakima County
Commissioners may have a need to know; or
D. A loss of funding so great as to jeopardize the Contractor's ability to fulfill the terms of this
Basic Agreement or any Contract.
XIX. ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of contracted services unless the written
subcontract has been reviewed and approved by the City and the Director prior to the start of the
subcontract. All contracted services which are not delivered directly by the Contractor must be
delivered according to the terms of this Basic Agreement and the Contract.
XX, SEVERABILITY
If any provision of this Basic Agreement shall be held invalid, the invalidity shall not affect the other
provisions of the Agreement. To that end, the provisions of this Basic Agreement are severable.
XXI. MODIFICATION
No modification or waiver of any clause or condition of this Basic Agreement is binding upon any
party unless such modification or waiver is in writing and executed by all parties.
XXII. SUSPENSION, TERMINATION AND CLOSE-OUT
If the Contractor fails to comply with the terms of this Basic Agreement or any Contract, the
Director may pursue such remedies as are legally available including the suspension or termination
of this Basic Agreement or the Contract in whole or in part in the manner specified herein.
A. Suspension - If the Contractor fails to comply or is unable to substantiate full compliance
with the terms of this Basic Agreement or any Contract, the Director may suspend this Basic
Agreement or the Contract in whole or in part pending corrective action or investigation,
effective no less than seven days following written notification to the Contractor. The
suspension shall remain in force until the Contractor complies to the satisfaction of the
Director and is able to substantiate its full compliance with the terms of this Basic Agreement
and the Contract. No obligation incurred by the Contractor during the period of suspension
shall be allowable under this Basic Agreement except:
1. Reasonable, proper, and otherwise allowable costs which the Contractor could not
avoid during the period of suspension; and
2. Discretionary costs which the Contractor incurred during the period of suspension if
the Contractor is able to substantiate complete compliance with the terms of this
Basic Agreement and the Contract.
B. Termination for Cause - The Director may, by written notice, terminate this Basic Agreement
or any Contract in whole or in part for substantial breach by the Contractor of duties under
this Basic Agreement or any Contract. In such an event, the Contractor shall be liable for
reasonable damages, including the reasonable cost of procuring similar services actually
procured by the Director to fully execute the Contractor's duties under this Basic Agreement
and the Contract(s).
C. Termination for Other Grounds - This Basic Agreement or any Contract may be terminated
in whole or in part by:
1. Either party, upon thirty days advance written request, in which case the two parties
shall devise by mutual agreement the conditions of termination including the
effective date and in case of termination in part, the portion to be terminated.
\ \R23A_ADM\ USERS\SHEILA\99 WPdata \ pfpuvatt2
Page 9 of 12 Basic Agreement No. ALTC-09
2. The Director, immediately upon written notice, if funding is withdrawn or reduced to
the extent that the continuation is not in the best interest of the County.
D. Close-out - Upon expiration or termination of a Contract, in whole or in part, the following
provisions shall apply:
1. The County shall pay to the Contractor all allowable reimbursable costs not covered
by previous payment upon submittal of a final invoice, subject only to the right
reserved to the parties in the event of a dispute as provided in subparagraph "3"
below.
2. The Contractor shall pay to the County moneys received from the County in excess
of allowable costs, subject only to the right reserved to the parties in the event of a
dispute as provided in subparagraph "3" below.
3. In the event the Director and the Contractor are unable to agree upon amounts
due as provided in subparagraphs "1" or "2" above, either party shall have the right
to withhold the disputed amount from final payment pending a final audit, and then
pay such amounts as the audit determines are payable.
4. The Contractor shall submit all required financial and performance reports within
thirty days.
E. Notices shall be delivered by U.S. mail to the address stated in the first paragraph of this
Agreement or such other address provided by the Contractor in writing to the Director.
XXIII. GRIEVANCE PROCEDURES
The Contractor shall have a written procedure for resolving grievances. A copy shall be made
available to clients and applicants for contracted services, Such procedures should include time
frames for filing a grievance and provide opportunities for informal and formal resolution. For
grievances arising from the delivery of contracted services, the grievance procedures must include
the right of the grievant to appeal to the Director. Applicants and clients shall be advised of the
grievance procedures and their right to due process if they feel they have been wrongfully denied
or terminated from services.
XXIV. DEBARMENT AND EXCLUSION
A. The Contractor shall and does certify it is not debarred, suspended, ineligible or voluntarily
excluded from participation in Federal assistance programs. The Certification will be signed
and submitted to the Director before the execution of this Basic Agreement.
B. The Contractor shall provide immediate written notice to the Director if at any time the
Contractor learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
C. The Contractor shall not knowingly assign or subcontract any portion of contracted services
to a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation.
XXV. CONFLICT OF INTEREST
The Director may, by written notice to the Contractor, terminate this Basic Agreement in whole or
in part if it is found after due notice and hearing that any of the following laws have been violated
in obtaining or amending this Basic Agreement or any Contract or in making determinations with
respect to this Basic Agreement or any Contract:
A. RCW 42.20, Misconduct of Public Officers;
B. RCW 42.23, Code of Ethics for Municipal Officers -Contract Interests.
C. RCW 42.52, Ethics in Public Service
\ \ R23A_ADM \ USERS \ SHEILA \ 99 WPdata\pfpuvatt2
Page 10 of 12 Basic Agreement No. ALTC-09
The County shall not be liable for payment for services rendered under any Contract to the extent
this Basic Agreement or the Contract was entered into in violation of this clause.
XXVI. COVENANT AGAINST CONTINGENT FEES
The Contractor shall assure that no person or agency has been employed or retained on a
contingent fee for the purpose of seeking or obtaining a Contract. This does not apply to
legitimate employees or an established commercial or selling agency maintained by the
Contractor for the purpose of securing business. In the event of breach of this clause by the
Contractor, the Director may:
A. Annul this Basic Agreement or the Contract in whole or in part without any liability; or
B. Deduct, or similarly recover from the consideration of the Contract, the amount of the
contingent fee.
XXVII. LOBBYING
A. Federal requirements (USC Title 31, §1352):
1. No Federal appropriated funds may be paid , by or on behalf of the Contractor, to
any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement. If non -Federal funds are used,
the Contractor shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. The Contractor, if a recipient of a grant or cooperative agreement over $100,000,
shall and does certify that it did and will comply with these Federal requirements. The
Certification will be signed and submitted to the Director before the execution of this Basic
Agreement.
B. State requirements (RCW 42.17.020 (27); RCW 42.17.190): No public funds may be used
directly or indirectly to attempt to influence the passage or defeat of any legislation by the
legislature of the State of Washington, or the adoption or rejection of any rule, standard,
rate, or other legislative enactment of any State agency under the State Administrative
Procedure Act, RCW 34.05. Provided, This does not prevent the Contractor from
communicating with a member of the legislature on the request of that member; or
requesting legislative action or appropriations through appropriate channels.
XXVIII. PROHIBITION OF POLITICAL ACTIVITIES
No funds, material, property or contracted services provided under the terms of this Basic
Agreement or any Contract shall be used for partisan political activity or to further the election or
defeat of any candidate for public office.
XXIX. DISPUTES
Any dispute arising under this Basic Agreement or any Contract, including a disputed complaint or
grievance resolution, shall, unless otherwise provided in this Basic Agreement or the Contract, be
submitted in writing to the Director for settlement under the Southeast Washington Office Of Aging
& Long Term Care's Complaint Resolution Procedures.
XXX. DRUG-FREE WORKPLACE
A. The Contractor shall and does certify it provides a drug-free workplace in compliance with
the Drug -Free Workplace Act (Public Law 100-690 Title V, Subtitle D). The Certification will be
signed and submitted to the Director before the execution of this Basic Agreement.
B. The Contractor shall publish a statement notifying employees of prohibitions against use,
\ \ R23A_ADM \ USERS \ SHEILA\ 99 W Pdata \ pfpuvatt2
Page 11 of 12 Basic Agreement No. ALTC-09
manufacture, distribution or possession of controlled substances in the workplace and
specific actions which will be taken in the event of non-compliance. Employees shall be
notified that, as a condition of employment, they must abide. by the terms of the
statement and notify the employer in writing of any conviction for a criminal drug statute
occurring in the workplace within five calendar days after such conviction. This statement
shall at a minimum be distributed to all employees engaged in the delivery of contracted
services.
C. The Contractor shall establish an on-going drug-free awareness program to inform
employees about:
1. The dangers of drug abuse in the workplace;
2. The contractor's policy of maintaining a drug-free workplace;
3. The availability of drug counseling, rehabilitation, and employee assistance
programs; and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
)00(I. REIMBURSEMENT LIMITS
The sum of payments to the Contractor for a contracted service shall not exceed the contracted
unit rate or the actual cost of providing the service, whichever is greater. In the event payments to
the Contractor exceed this limit, the overpayment shall be returned to the County or deducted
from the next Claim for Payment submitted by the Contractor.
1. VENUE
This Basic Agreement and all Contracts shall be governed by the laws of the State of Washington.
Any action, suit, or judicial proceeding for the enforcement of this Basic Agreement or any Contract
shall be brought in the Superior Court for the State of Washington in Yakima County, Washington.
)00(III. CONDITION PRECEDENT
This Basic Agreement shall not be binding upon the County until signature on behalf of the County is
authorized by Resolution of the Board of Yakima County Commissioners.
CONTRACTOR:
PEOPLE FOR PEOPLE
Date: Date:
Bru/ggeniati,-Exiwe Director
YAKIMA COUNTY
SOUTHEAST WASHINGTON OFFICE OF
AGING & LONG TERM CARE
Date:
`J
/9,9
:`!.// Mice,/
Helen Brad; , Director
\ \ R23A_ADM \ USERS \ SHEILA \ 99 WPdata\pfpuvatt2 Page 12 of 12
CITY OF YAKIMA
3/0 9'
Attest:
Dick Zaig, City Manager
City Clerk
City Contract No.: 63 I ` t 3
Resolution No.: %e -9;1-
Basic Agreement No. ALTC-09
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ;' 0
For Meeting of 3/2/99
ITEM TITLE: Resolution authorizing execution of execute an agreement for 1999
Senior Citizen Transportation Services with People for People, Inc.
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager/575-6005
SUMMARY EXPLANATION: The City of Yakima is one of three signatories on the
attached contract which provides transportation services to senior citizens and certain
other qualified individuals in the Yakima Urban Area. Half of the funds used to finance
this service are derived from the federal funding provided for the Yakima Urbanized Area
through the City of Yakima. No City funds are utilized in this contract. The other half of
the cost this service in the Upper Yakima Valley is provided by various sources through
Yakima County Office of Aging and Long Term Care. This contract is rebid every five
years by the County.
Resolution X Ordinance Contract X Other (Specify)
Funding Source FTA funding through the Transit Division Operating Budget
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing execution of the
contract
TRANSIT COMMITTEE RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-99-21 Approved. -