HomeMy WebLinkAboutR-1990-D5715 Area Agency on AgingRESOLUTION NO. D as5 715
A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima to execute an agreement
with the County of Yakima, Area Agency on Aging, for
a Social Day Care Program for Senior Citizens.
WHEREAS, the County of Yakima, Area Agency on Aging, has
funds available to offer a Social Day Care Program to be administered by the
City of Yakima through its Senior Citizens Center, all as provided by the
attached document, and
WHEREAS, the City Council of the City of Yakima deems it to be in
the best interest of the City that such a program be offered, and that the
attached agreement documents should be executed accordingly, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and the City Clerk of the City of Yakima are
hereby authorized and directed to execute an agreement with the County of
Yakima, Area Agency on Aging for the purpose mentioned above, a copy of
which agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this IV day of March, 1990.
ATTEST:
Ret,
CITY CLERK
Legal/bd
Resolutions
RES GFP 2
MAYOR
AGREEMENT NUMBER
90-009-258
FUNDING SOURCE PERIOD OF AGREEMENT
SCSA 02/19/90 - 12/31/90
THIS AGREEMENT is entered into this day of , 198 , by
and between Yakima County, hereinafter denominated the "County", through
the Area Agency on Aging whose address is 2009 South 64th Avenue, Yakima,
Washington 98903, hereinafter denominated the "Department", and
City of Yakima whose address is
129 North 2nd Street, Yakima, Washington 98901 , hereinafter denominated
the "Contracting Agency", whose duly authorized representatives are named
in documents on file in the Area Agency on Aging.
THE PURPOSE of this Agreement is to provide for the delivery of
Social Day Care services in accordance with the
terms and conditions set forth in the following provisions:
PROVISIONS PAGES
PART A General Provisions 1 through 14
PART B Payment Provisions 15 through 17
PART C Specific Provisions 18 through 25
PART D Budget Provisions 26 through 29
and such other terms and conditions incorporated by reference herein,
including those set forth in Exhibit(s) None .
PAYMENT CATEGORY
AMOUNTS SIGNATURES
February 19 - December 31
SCSA $15,271.00
ATT T'
ci,t CONMET
CONTRACTING AGENCY
City of Yakima
Agency__ Name
Authorized Sign'ature
2 iS3 Tr, e hL YL y_
(Typed) Name and Title
0- s� 5
TOTAL OBLIGATION
$ 15,271.00
March 13, 1990
Date
YAKI COUNT Area Agency on Aging
Authori=e• Signature
Greg- Heartburq, Director
(Typed) Name and Title
March 29, 1990
Date
CONTRACT AUTHORIZATION:
BOARD OF YAKIMA COUNTY COMMISSIONERS Attest: Deputy Clerk of the Board
Resolution No: ` (U ` 9O
6/89
GENERAL PROVISIONS - PART A
The County hereby appoints and the Contracting Agency hereby
accepts the Department of Aging, and the Department Director as the
County's representatives for the purpose of administering the
provisions of this Agreement, including the County's right to
inspection of facilities and records, to receive and act on all
reports and documents related to this Agreement, to request and
receive additional information from the Contracting Agency, to
approve budget revisions and payment changes, to approve fee
schedules for services, to assess the general performance of the
Contracting Agency under this Agreement, to determine if contracted
activities are being performed in accordance with Federal, State, and
local laws, to approve subcontracts, to suspend this Agreement as
provided herein, and to administer any other right granted to the
County under this Agreement not expressly reserved to the County.
All actions taken by the Department of Aging as the County's agent
for administering this Agreement shall be subject to approval of the
Board of Yakima County Commissioners. The County expressly reserves
to itself the right to terminate this Agreement as provided on pages
11 and 12 herein, and also expressly reserves to itself the right to
commence civil action for the enforcement of this Agreement.
I EXTENT OF AGREEMENT: This Agreement contains all the terms and
conditions agreed upon by the parties. No other understandings, oral
or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
II COMPLIANCE WITH LAWS: The Contracting Agency, in performance of
this Agreement agrees to comply with all applicable Federal, State,
and local laws, ordinances, rules and regulations.
III NON-DISCRIMINATION IN EMPLOYMENT:
A. Yakima County is an equal opportunity employer.
B. The Contracting Agency agrees that it shall not discriminate
against any employee or applicant on the grounds of race,
creed, color, religion, national origin, sex, age, marital
status, or the presence of any sensory, mental, or physical
handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the
particular disability prevents the proper performance of the
particular work involved. The Contracting Agency shall ensure
that applicants are employed, and that employees are treated
during employment, without discrimination because of their
race, creed, color, religion, national origin, sex, marital
status, age or the presence of any sensory, mental, or physical
Page 1 of 29 Agreement No. 90-009-258
handicap. Such action shall include but not be limited to:
employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and programs for training
including apprenticeships. The Contracting Agency shall take
such action with respect to this Agreement as may be required
to ensure full compliance with RCW Chapter 49.60.
C. The Contracting Agency shall establish a system through which
employees under this Agreement may present grievances about the
activities of the Contracting Agency or any subcontractor(s).
The Contracting Agency shall record and maintain in writing, a
separate file of all complaints. This file shall include the
dates and action taken to resolve the complaints. The
Contracting Agency shall provide employees with an informal
hearing before the representatives of the Contracting Agency.
IV NON-DISCRIMINATION IN CONTRACTED ACTIVITIES:
A. The Contracting Agency shall not, on the grounds of race,
creed, color, religion, national origin, marital status, sex,
age or the presence of any sensory, mental, or physical
disability:
1. deny any individual any contracted activities or other
benefits consistent with the terms of this Agreement;
2. provide any contracted activities or other benefits to an
individual which are different, or are provided in a
different manner, from those provided to others under
this Agreement;
3. subject an individual to segregation or separate
treatment in any manner related to his receipt of any
contracted activities or other benefits provided under
this Agreement;
4. deny any individual an opportunity to participate in any
program provided by this Agreement through the provision
of contracted activities or otherwise, or afford him an
opportunity to do so which is different from that
afforded others under this Agreement;
5. utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination
because of their race, creed, color, religion, national
origin, sex, marital status, age, or the presence of any
sensory, mental or physical handicap or have the effect
of defeating or substantially impairing accomplishment of
the objectives of this Agreement in respect to
individuals of a particular race, creed, color, religion,
national origin, sex, marital status, age, or the
presence of any sensory, mental or physical handicap in
determining, (a) the types of contracted activities or
other benefits to be provided, or (b) the class of
individuals to whom, or the situation in which, such
contracted activities or other benefits will be provided,
or (c) the class of individuals to be afforded an
opportunity to participate in any contracted activities
or other benefits.
Page 2 of 29 Agreement No. 90-009-258___
B. If assignment and/or subcontracting has been authorized, said
assignment or subcontract shall include appropriate safeguards
against discrimination in client services binding upon each
contractor or subcontractor. The Contracting Agency shall take
such action as may be required to ensure full compliance with
the provisions of this clause, including sanctions for non-
compliance.
V LICENSING AND PROGRAM STANDARDS: The Contracting Agency agrees to
comply with all applicable Federal, State, County, or Municipal
standards for licensing, certification and operation of facilities
and programs, and accreditation and licensing of individuals, and any
other standards or criteria as described in the Agreement to assure
quality of services.
VI INSPECTION:
A. The Contracting Agency agrees that the County or its duly
authorized representative or other authorized agency or
officials of the State of Washington or the Federal Government
may inspect all records and other material which the County
deems pertinent to the Agreement. Such records shall be made
available upon written or oral request by the County or its
duly authorized representative or other authorized agency or
officials of the State of Washington or the Federal Government.
B. The Contracting Agency agrees that the County or its duly
authorized representative or other authorized agency or
officials of the State of Washington or the Federal Government
may make periodic inspection of the facilities and general
performance of this Agreement. The Contracting Agency further
agrees that such inspections may be made at times deemed
reasonable and proper by the County, State of Washington,
and/or Federal Government. The County, State of Washington,
and/or Federal Government shall make every effort not to
disturb or disrupt any program or activity beyond that which is
necessary to secure relevant data and to make a reasonable
assessment of the Contracting Agency's performance.
C. The Contracting Agency shall be required to make reasonable
changes in the contracted activities as completed or to be
completed if said contracted activities fall below the
standards and specifications set forth in the Specific
Provisions Section of this Agreement.
D. The Contracting Agency agrees to notify the County in advance
of any inspections, audits, or program reviews by any
Page 3 of 29 Agreement No. 90-009-258
individual, agency, or governmental unit whose purpose is to
review the contracted activities provided within the terms of
this Agreement.
VII SAFEGUARDING OF INFORMATION:
A. The use or disclosure by any party of any identifying
information concerning a recipient or client for any purpose
not directly connected with the County or the Contracting
Agency's responsibilities with respect to services provided
under this Agreement is prohibited except on informed consent
of the recipient or client, his or her attorney, or responsible
parent or guardian, provided that, the County or its service
providers may disclose information to each other or to the
State of Washington for purposes directly connected with the
administration of their programs. Such programs include, but
are not limited to, determining eligibility, providing a
service, and participating in an audit; provided further that,
the County or its service providers may disclose information
for research, statistical, monitoring, and evaluation purposes
conducted by appropriate federal agencies and the State of
Washington. Other entities to which information may be
disclosed for the preceding purposes are those agents
authorized by the Department of Social and Health Services in
writing including organizations and/or individuals under
contract to the County.
B. To meet the requirements of informed consent a written release
shall be completed.
VIII ASSIGNMENT AND/OR SUBCONTRACTING: The Contracting Agency shall not
assign or subcontract any portion of the contracted activities except
as specifically provided within the terms of this Agreement without.
obtaining prior written approval from the County. All terms and
conditions of this Agreement shall apply to any approved subcontract.
or assignment related to this Agreement except those specifically
waived in writing by the County.
IX STANDARDS FOR FISCAL ACCOUNTABILITY:
A. The Contracting Agency agrees to maintain books, records,
documents, and accounting procedures and practices which
accurately reflect all direct and indirect costs related to the
performance of this Agreement. Such fiscal books, records,
documents, reports, and other data shall be retained in a
manner consistent with generally accepted accounting
principles. The Contracting Agency agrees to report all
revenue and expenditures to the County in a manner consistent
with reporting requirements of Budgeting, Accounting, and
Page 4 of 29 Agreement No, 90-009-258
Reporting Systems (BARS). The Contracting Agency further
agrees that the County, State of Washington, or Federal
Government shall have the right to monitor and audit the fiscal.
components of the Contracting Agency to ensure that actual
expenditures
Agreement.
remain
consistent
with
the
terms
of
this
Provided, that all hospitals or nursing homes shall retain
those records as prescribed in Chapters 70.41 and 18.51 of the
Revised Code of Washington (RCW), as amended.
The Contracting Agency shall retain all books, records,
documents and other material relevant to this Agreement for a
period of seven (7) years after closeout of this Agreement. If
any litigation, claim, negotiation, audit, or other action
involving the records has been started before the expiration of
the seven (7) year period, the records shall be retained until
completion of the action and resolution of all issues which
arise from it, or until the end of the regular seven (7) year
period, whichever is later. The Contracting Agency agrees that
the County or its authorized representative, or authorized
agency or officials of the State of Washington or Federal
Government shall have full access to and the right to examine
any of said materials at all reasonable times during said
period.
B. The Contracting Agency's fiscal management system shall include
the capability to:
1. provide accurate, current and complete disclosure of the
financial status of this Agreement;
2. identify the source and application of all funds for
contracted activities pursuant to this Agreement whether
such contracted activities are funded in whole or inn part
by this Agreement, and to distinguish costs of contracted
activities provided under the terms of the Agreement from
all other costs of contracted activities provided and to
provide for accounting separation of all funds received.
X AUDIT REQUIREMENTS: The Contracting Agency is required to do a
fiscal audit of this Agreement after the expiration or termination of
this Agreement. The Contracting Agency agrees to conduct an audit in
accordance with the guidelines for Financial and Compliance Audits of
Federally Assisted Programs, Compliance Supplement for Single Audits
of State and Local Governments, and either OMB Circular A-128, for
government agencies, or OMB Circular A-110, for hospitals and non-
profit organizations. The audit must state that the examination was
made in accordance with the above mentioned guidelines before it will
be accepted. One (1) copy of the audit report and any management
letters shall be forwarded to the County.
Page 5 of 29 Agreement No. 90-009-258
The County has the option to audit this Agreement if major problems
were found during the monitoring performed by the County staff. The
Contracting Agency agrees to provide all fiscal and programmatic
information and cooperate fully with the County and its designee in
the completion of this audit.
XI TREATMENT OF ASSETS:
A. Definitions:
1. "Nonexpendable personal property" shall mean tangible
personal property except real property having a useful
life of more than one year and an acquisition cost of
$150.00 or more per unit.
2. "Personal property" shall mean property of any kind
except real property.
3. "Acquisition cost" shall mean that amount expended for
property, excluding interest, plus, in the case of
property acquired with a trade-in, the book value
(acquisition cost less amount depreciated through the
date of the trade-in) of the property traded in.
4. The "useful life" of property shallmean that useful
service life as based on the U.S. Department of Treasury,
Internal Revenue Service, policies on depreciation for
tax purposes, unless the Contracting Agency can document
to the written satisfaction of the County some different
period.
B. Title to all property furnished by the County with County,
State, or Federal funds shall remain with the County, the State
of Washington, Department of Social and Health Services, or the
Federal Government as their respective interests may appear.
C. Title to all nonexpendable personal property purchased by the
Contracting Agency, the cost of which the Contracting Agency is
entitled to be reimbursed as a direct item of cost under this
Agreement, shall pass to and vest in the County or State of
Washington, Department of Social and Health Services, or
Federal Government as their respective interests may appear,
upon delivery of such property by the vendor.
D. Nonexpendable personal property purchased by the Contracting
Agency under the terms of this Agreement in which title is
vested in 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 County, State, or Federal Government,
or their authorized representatives.
E. Any nonexpendable personal property furnished to, (See Budget
Provisions, Part - D Equipment Inventory) or purchased by, the
Page 6 of 29
Agrecment No. 90-009-258
Contracting Agency, to which is vested in the County, State, or
Federal Government, or their authorized representatives shall
be used only for the performance of this Agreement or any
incorporating document.
F. As a condition precedent to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in
the County, State, or Federal Government, the Contracting
Agency agrees to execute such security agreements and other
documents as shall be necessary for 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 of Title 62A,
the Revised Code of Washington.
G. The Contracting Agency shall be responsible for any loss or
damage to property of the County, State, or Federal Government
(including expenses entered thereunto) which results from
negligence, willful misconduct, or lack of good faith on the
part of the Contracting Agency to maintain and administer in
accordance with sound management practices that property, to
ensure that the property will be returned to the County, State,
or Federal Government in like condition to that in which it was
furnished to the Contracting Agency or in which condition the
property was acquired by purchase, fair wear and tear accepted.
H. Upon the happening of loss or destruction of, or damage to any
County, State, or Federal Government property, the Contracting
Agency shall notify the County or its authorized representative
thereof and shall take all reasonable steps to protect that
property from further damage.
I. The Contracting Agency shall surrender to the County all
property of the County, State, or Federal Government within 30
days after settlement upon rescission, termination, or
completion of this Agreement unless otherwise mutually agreed
between the Contracting Agency and the County.
J. The County may, at its discretion, abandon in place any
property in which title is vested in the County, State, or
Federal Government under the terms of this Agreement insofar as
permitted by law, rule, or regulation, and thereupon all rights
and obligations of the County, State, or Federal Government
regarding such abandoned property shall cease and desist.
K. Nonexpendable personal property acquired by the Contracting
Agency with funds provided under this Agreement, shall be
Page 7 of 29 Agreement No. 90-009-258
subject to the same constraints, procedures, treatment,
handling, disposition, and other matter as specified in B
through J above. The Contracting Agency shall take all steps
necessary to ensure that the interest of the County, State, or
Federal Government in such property shall be perfected and
safeguarded.
L. When applicable, the Contracting Agency agrees to complete a
UCC -1 Form for all nonexpendable property with a purchase price
of $300.00 or more in other than firm fixed price contracts.
All items of $300.00 or more purchased in one (1) month can be
entered on one UCC -1 Form. Purchase price of $300.00 or more
must include cost of transportation, installation, and taxes.
UCC -1 Forms must accompany monthly Contracting Agency invoice
forms.
XII STANDARDS FOR PROGRAM ACCOUNTABILITY: The Contracting Agency agrees
to maintain program records and reports including statistical
information and to make such records available for inspection by the
County in order for the County to be assured that contracted
activities remain consistent with the terms of this Agreement and the
currently approved County Plan. The Contracting Agency further
agrees to provide such information as requested by the County within
the time limitations established by the County.
XIII RELATIONSHIP OF THE PARTIES:
A. The parties agree that an independent Contractor/County
relationship is created by this Agreement. The implementation
of contracted activities and the results to be achieved are
solely the responsibility of the Contracting Agency. No agent,
employee, servant, or representative of the Contracting Agency
shall be deemed to be an employee, agent, servant, or
representative of the County for any purpose and the employees
of the Contracting Agency are not entitled to any of the
benefits the County provides for County employees. The
Contracting Agency will be solely and entirely responsible for
its acts and for the acts of its agents, employees, servants,
subcontractors, or otherwise, during the performance of this
Agreement.
In the performance of the contracted activities herein
contemplated, the Contracting Agency is an independent
contractor with the responsibility and authority to control and
direct the performance of the details of the work, in
accordance with the terms and conditions of this Agreement.
However, the results of the work contemplated herein must meet
the approval of the County and shall be subject to the County's
Page 8 of 29 Agreement No. 90-009-258
general rights of inspection and review to secure the
satisfactory completion thereof.
In the event that any of the Contracting Agency's employees,
agents, servants, or otherwise, carry on activities or conduct
themselves in any manner which may jeopardize the funding of this
Agreement, the Contracting Agency shall be responsible for taking
adequate measures to prevent said employee, agent or servant from
performing or providing any of the contracted activities
described within the terms of this Agreement.
B. Communications between the Contracting Agency and the County
shall be addressed to the regular places of business whose
addresses are shown on Page 1 of this Agreement.
XIV INSURANCE: The Contracting Agency shall carry for the duration of
this Agreement liability and property damage insurance in a combined
single limit (CSL) of $ Self -Insured . The comprehensive liability
policy called for must have at least thirty (30) day cancellation
notice if cancelled or altered by any party. Certificates of such
insurance shall be provided to the County within thirty (30) days
after the execution of this Agreement.
The Contracting Agency shall also either carry or self -insure its
professional liability coverage for the duration of this Agreement or
ensure that any licensed or certified professional providing any of
the contracted activities called for herein carries their own
professional liability coverage.
XV BONDING: The Contracting Agency agrees to maintain a fidelity bond in
the amount of $ 100,000.00 which covers all individuals responsible
for the administration of funds provided within the terms of this
Agreement. Said fidelity bond must be procured and a copy of said
fidelity bond provided to the County within thirty (30) days after
execution of this Agreement.
XVI INDEMNIFICATION: All contracted activities to be rendered or performed
under this Agreement shall be performed or rendered entirely at the
Contracting Agency's own risk and the Contracting Agency expressly
agrees to indemnify the County and all of its officers, agents,
employees, or otherwise,from any and all liability, loss or damage
they may suffer as a result of claims, demands, actions, or damages to
any and all persons or property, costs or judgements against the
County which result from, arise out of, or are in any way connected
with the contracted activities to be performed by the Contracting
Agency under this Agreement. This clause shall be included in any
subcontracts allowed under this Agreement.
Page 9 of 29 Agreement No. 90-009-258
XVII HOLD HARMLESS: All contracted activities to be rendered or performed
under this Agreement shall be performed or rendered entirely at the
Contracting Agency's own risk and the Contracting Agency expressly
agrees to hold harmless the County and all of its officers, agents,
employees, or otherwise, from any and all liability, loss or damage,
including reasonable cost of defense they may suffer as a result of
claims, demands, actions, or damages to any and all persons or
property costs or judgements against the County which result from,
arise out of, or are in any way connected with the contracted
activities to be performed by the Contracting Agency under this
Agreement. This clause shall be included in any subcontracts allowed
under this Agreement.
XVIII INCIDENT REPORTING: The Contracting Agency shall, immediately or
within 24 hours, report all incidents involving the Agency and/or its
officials, employees, automobiles, property, or clients which might
potentially subject the Agency to claims for damages, investigations,
or publicity.
XIX MODIFICATION:
A. No change or addition to this Agreement shall be valid or
binding upon either party unless such change or addition is in
writing and executed by both parties.
B. The County reserves the right to renegotiate the terms and
conditions of this Agreement at any time.
C. A Modification Request Packet shall be completed andsubmitted
to the County no less than thirty (30) calendar days prior to
the desired effective date of the requested modification. The
packet shall be submitted in a complete form, unless a specific
written release is given by the County, for any changes
described in this Agreement.
XX SEVERABILITY: It is understood and agreed by the parties hereto that
if any part, term, or provision of this Agreement is held by the
courts to be illegal, the validity of the remaining provisions shall
not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the
particular provisions held to be invalid.
If it should appear that any provisions hereof are in conflict with
any Federal law, rule or regulation or statutory provision of the
State of Washington, said provisions which may conflict therewith
shall be deemed inoperative and null and void insofar as they may be
Page 10 of 29 Agreement No. 90-009-258
in conflict therewith, and shall be deemed modified to conform to
such statutory provision.
XXI AGREEMENT, SUSPENSION, TERMINATION AND CLOSEOUT: If the Contracting
Agency fails to comply with the terms and conditions of this
Agreement, the County may pursue such remedies as legally available
including, but not limited to, the suspension or termination of this
Agreement in the manner specified herein.
A. Suspension - If the Contracting Agency fails to comply with the
terms of this Agreement, or whenever the Contracting Agency is
unable to substantiate full compliance with the provisions of
this Agreement, the County may suspend the Agreement pending
corrective action or investigation, effective no less
seven
(7) days following written notification to
Contracting Agency or its authorized
suspension will
remain in full
force
representative.
and effect until
than
the
The
the
Contracting Agency has taken corrective action to the
satisfaction of the County and is able to substantiate its full.
compliance with the terms and conditions of this Agreement. No
obligation incurred by the Contracting Agency or its authorized
representative during the period of suspension shall be
allowable under this Agreement except:
1. reasonable, proper and otherwise allowable costs which
the Contracting Agency could not avoid during the period
of suspension;
2. if upon investigation, the Contracting Agency is able to
substantiate complete compliance with the terms and
conditions of this Agreement, otherwise allowable costs
incurred during the period of suspension will be allowed.
B. Termination for Cause - If the Contracting Agency fails to
comply with the terms and conditions of this Agreement and the
County deems that this failure is of such scope and nature that
the continuation of this Agreement is substantially detrimental
to the interest of the County, then the County may terminate
this Agreement in whole or in part, and thereupon shall notify
the Contracting Agency of the termination, the reasons
therefore, and the effective date, provided such effective date
shall not be prior to written notification to the Contracting
Agency. After this effective date, no charges incurred under
any terminated portions are allowable, except as provided in
Point D, Subpoint 6 of this Section. In case of termination
for default, the Contracting Agency shall be liable for
damages, including the excess cost of procuring similar
services from other sources. There is an appeals procedure for
a contract termination. Contact the Area Agency on Aging for a
copy of this procedure.
Page 11 of 29 Agreement No. 90-009-258
C. Termination for Other Grounds - This Agreement may also be
terminated in whole or in part:
1. by the County, with the consent of the Contracting
Agency, in which case the two parties shall devise by
mutual agreement the conditions of termination including
effective date and in case of termination in part, the
portion to be terminated;
2. by the Contracting Agency, subject to the approval of the
County, by sixty (60) days advance written notification
to the County setting forth the reasons for termination,
the effective date and, in the case of termination in
part, the portion to be terminated.
D. Closeout - Upon completion of this Agreement or termination in
whole or in part for any reason, the following provisions shall
apply:
1. upon written request by the Contracting Agency, the
County shall make or arrange for prompt payment to the
Contracting Agency of allowable reimbursable costs not
covered by the previous payment;
2. the Contracting Agency shall immediately refund to the
County any unencumbered balance of the funds paid to the
Contracting Agency but unspent for the program(s)
terminated;
3. the Contracting Agency shall submit within thirty (30)
days after the date of expiration or termination of this
Agreement, a closeout, as well as all financial,
performance and other reports required by this Agreement;
4. in the event that there are irreconcilable financial
differences upon closeout of this Agreement, the County
retains the right to withhold a just and reasonable sum
from the final payment to the Contracting Agency, until a
closeout package, as well as, all financial and
programmatic reports are submitted;
5. the Contracting Agency agrees to submit at the closeout
of this Agreement a written review to the County which
includes an evaluation of contracted activities provided
and a financial accounting of receipts and expenditures;
6. if terminated for cause, the County shall, upon written
request of the Contracting Agency, identify in writing
all allowable and reimbursable costs related to the
closeout which are not covered by previous payment. The
County shall arrange for prompt reimbursement of such
costs upon receipt of required documentation relatedto
these costs.
XXII VENUE STIPULATION: This Agreement has been and shall be construed as
having been made and delivered within the State of Washington, and it
is mutually understood and agreed by each party hereto that this
Agreement shall be governed by laws of the State of Washington both
as to interpretation and performance.
Page 12 of 29 Agreement No. 90-009-258
Any action at law, suit in equity, or judicial proceeding for the
enforcement of this Agreement or any provisions thereof, shall be
instituted and maintained only in any of the courts of competent
jurisdiction in Yakima County, Yakima, Washington.
XXIII PROHIBITION OF POLITICAL ACTIVITY: No funds, materials, property or
contracted activities provided directly or indirectly under the terms
of this Agreement may be used in the performance of this Agreement
for any partisan political activity, or to further the election or
defeat of any candidate for public office.
XXIV CONFLICT OF INTEREST: The Contracting Agency agrees that employees
selected for project staff positions may not be related by blood or
marriage to other project staff, sponsors, officers, Advisory
Council, or members of the Board of Directors, nor have other
conflicting interests unless the Board of Directors is cognizant of
the possible conflict and has reviewed and concurred with the
selection. The Board of Directors shall concur only in unusual
circumstances, such as the inability to find in the community another
person having the skills required. The County shall be notified of
this concurrence by the Board of Directors.
No employee or agent of the Contracting Agency will directly or
indirectly coerce or attempt to coerce, command or advise a client to
pay, lend or contribute anything of value to the employee or agent or
to another individual or organization which will in any way
materially benefit said employee or agent.
The County may, by written notice to the Contracting Agency,
terminate the right of the Contracting Agency to proceed under this
Agreement if it is found after due notice and examination by the
County, that either of the above two (2) sets of circumstances have
occurred during the course of this Agreement.
XXV RIGHTS IN DATA: The County may duplicate, use or dispose in any
manner and for any purposes whatsoever, and authorize others to so
do, all data delivered under this Agreement. The Contracting Agency
hereby grants to the County a royalty -free, non-exclusive, and
irrevocable license to publish, translate, reproduce, deliver,
perform, dispose of, and to authorize others to so do, all data not
now or hereafter covered by copyright; Provided that, with respect to
data not originated in the performance of this Agreement, such
license shall be only to the extent that the Contracting Agency has
the right to grant such license without becoming liable to pay
compensation to others because of such grant. The Contracting Agency
shall exert all reasonable effort to advise the County of all
invasions of the right of privacy contained therein and of all
Page 13 of 29 Agreement No. 90-009-258
portions of such data copied from work not composed or produced in
the performance of this Agreement and not licensed under this clause.
The Contracting Agency shall report to the County, promptly and in
written detail, such notice or claim of copyright infringement
received by the Contracting Agency with respect to all data delivered
under this Agreement. The Contracting Agency shall not affix any
restrictive markings upon any data, and if such markings are affixed,
the County shall have the right at any time to modify, remove,
obliterate, or ignore such markings.
XXVI CONDITION PRECEDENT: This Agreement shall not be binding upon the
County until the signature on behalf of the County is authorized by
Resolution of the Board of Yakima County Commissioners.
Page 14 of 29
Agreement No. 90-009-258
PAYMENT PROVISIONS - PART B
I CONSIDERATION: As consideration for services, as described in the
Specific Provisions of this Agreement and in accordance with the
Budget Provisions of this Agreement, the County agrees to pay the
Contracting Agency a sum not to exceed $15,271.00 from available funds
as budgeted on pages 26 through 29 of this Agreement. This total sum
shall be available during the period February 19, 1990 through
December 31, 1990. These funds shall be used to provide Social Day
Care services. Payment to the Contracting Agency for this cost
reimbursement, line -item Agreement shall be based on actual costs as
budgeted on pages 26 through 29 of this Agreement less client match as
computed on the client Senior Citizens Services Act Application. As
of December 1, 1990
on a line -item basis
unit. Payment shall
the Contracting Agency agrees to bill the County
an amount within ten (10%) percent of $12.52 per
be based on claims for reimbursement as reported
on the Area Agency on Aging's invoice and support document and shall
be contingent upon the receipt of all required financial and program
reports by the respectively assigned due dates.
The County shall not be held responsible for any financial loss
suffered by the Contracting Agency 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.
II GENERAL PAYMENTS CONDITIONS: The Contracting Agency agrees to the
following standards in satisfactorily performing the terms and
conditions of this Agreement:
A. Payments for contracted activities shall be made by the County on
a reimbursement basis unless otherwise permitted by the funding
source and approved in writing by the County.
B. No payment shall be made for any contracted activity rendered by
the Contracting Agency which is not identified within the terms
and conditions of this Agreement and set forth within a category
of the budget.
C. The Contracting Agency shall submit to the County a written
request for approval of budget revision when:
1. the revision would change the scope
contracted activity category;
2. additional revenue is received for
within the terms of this Agreement;
or objectives of any
contracted activities
3. the Contracting Agency desires to transfer funds from one
budget category to another. Budget category transfers
shall, for the purpose of this Agreement, be defined as
Page 15 of 29
Agreement No. 90-009-258
transfers inclusive of those occurring between sub -object
categories when the cumulative amount of all transfers
exceeds four (4%) percent of the County budgeted amount for
administration or service delivery.
D. Payments shall be based on the County's receipt of all fiscal and
programmatic reports required by this Agreement to substantiate
claims for reimbursement. The County expressly reserves the
right to withhold payment in whole or in part when:
1. the Contracting Agency fails to submit all required
documentation, or
2. in the County's judgement, 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 County
contracted funds by greater than five (5%) percent of their
respective allotted amount.
III REDUCTIONS IN FUNDING: In the event that funding from State, Federal,
or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement, and prior to its normal
completion, the County will summarily terminate this Agreement as to
the funds withdrawn, reduced, or limited, notwithstanding any other
termination provisions of this Agreement. If the level of funding
withdrawn, reduced, or limited is so great that the Board of Yakima
County Commissioners deems that the continuation of the program
covered by this Agreement is no longer in the best interest of the
County, the County may summarily terminate this Agreement in whole
notwithstanding any other termination provision of this Agreement.
Termination under this Section shall be effective upon receipt of
written notice by the Contracting Agency or its representative.
The County agrees to promptly notify the Contracting Agency of any
proposed reduction in funding by State, Federal, or other officials.
The Contracting Agency 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.
Page 16 of 29 Agreement No. 90-009-258
IV BILLING PROCEDURES:
A. The Contracting Agency shall submit written claims for
reimbursement of contracted activities provided on the
appropriate forms. All payments will be based on contracted
activities provided unless otherwise approved in writing by the
County.
B. The County agrees to make payment for contracted activities
provided as approved by the Auditor of Yakima County with County
warrants within twenty (20) working days contingent upon the
availability of funds, following receipt of the Contracting
Agency's claims for reimbursement; provided that claims for
reimbursement are received by the County by the tenth 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
fifteenth is 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 working day for that month.
V BUDGET SURPLUS: The Contracting Agency agrees that funds determined
by the County to be surplus at the end of this Agreement as contained
in the budget will be subject to cancellation by the County and will
be negotiated if they are to be included in future Agreements.
Page 17 of 29 Agreement No. 90-009-258
SPECIFIC PROVISIONS - PART C
APPLICABLE LAWS AND REGULATIONS: The Contracting Agency 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. WAC 388-17, (Senior Citizens Services Act).
II PROJECT DEFINITION:
Social Day Care is a service offered in a day care setting in the
community to meet the needs of functionally impaired adults. It is a
structured, comprehensive program that provides a variety of health,
social and related support services in a protective setting during any
part of a day, but less than 24-hour care.
Social Day Care services enable the families of older persons to
obtain relief from constant care and provide isolated older persons
with opportunities for socialization. Services are designed to
address the social needs of participants and the need of families for
a safe, comfortable place to leave an older person on a regular or
irregular basis.
III PARTICIPANTS: The Contracting Agency agrees that:
A. The target population for the social day care program is persons
age 60 and over who:
1. Live with their family or other caregiver, cannot be left
unsupervised and are at risk of being placed in residential
care if their caregiver does not receive some relief from
constant care;
OR
2. Are socially isolated and unable to utilize other community
resources which provide socialization services;
OR
3. Have been referred by a day health program for a less
intensive level of care.
All persons served must be members of the target population.
B. To the degree feasible, persons served should meet the
vulnerability criteria. A person is considered vulnerable if
he/she meets the following criteria:
1. Is unable to perform one or more of the Activities of Daily
Living (ADL's) without assistance due to physical or
cognitive, emotional, psychological or social impairment;
OR
Page 18 of 29 Agreement No. 90-009-258
2. Has behavioral or mental health problems that could result
in premature institutionalization, or is unable to perform
ADL's or provide for his/her own health and safety primarily
due to cognitive, behavioral, psychological/emotional
conditions which inhibit decision-making and threaten the
ability to remain independent;
AND
3. Lacks an adequate informal support system: Has no family,
friends, neighbors or others who are willing and able to
perform the service(s) needed or the informal support system
needs to be temporarily or permanently supplemented.
C. There will be written assessment procedures utilized by the
Contracting Agency to determine if clients meet the program
target population criteria.
D. The indicators used by the Area Agency on Aging to assess its
effectiveness at targeting services to individuals who may be
vulnerable are:
low-income
75 years of age or older
homebound, institutionalized, or disabled
racial minority
non-English speaking
Area Agency on Aging (AAA) funding should encourage the effective
targeting of services to the vulnerable elderly by the
Contracting Agency. Specific goals to be attained for 1990 are
as follows:
1. At least eight (8%) percent of all clients receiving social
day care services will be racial or ethnic minorities..
2. At least fifty (50%) percent of all clients receiving social
day care services will be low-income.
3. At least fifty (50%) percent of all clients receiving social
day care services will be 75 years of age or older.
4. At least three (3%) percent of all clients receiving social
day care services will be non-English speaking.
The Contracting Agency must report on clients served in these
categories.
Page 19 of 29 Agreement No. 90-009-258
IV SERVICE SPECIFICATIONS: The Contracting Agency 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. bilingual persons available when needed;
4. publicity of program through public service announcements,
brochures, etc., and
5. meeting with other service providers/agencies to explain
services the Contracting Agency provides and how referral
can be made.
B. Social Day Care services shall be delivered in accordance with
the Yakima Southeast Washington Area Agency on Aging Social Day
Care Program Standards and information submitted in Request for
Proposal (RFP). The Contracting Agency acknowledges receipt of a
copy of said standards. Services provided shall comply with said
standards as presently constituted or subsequently modified.
C. At least the following services, as defined in the Program
Standards, shall be available to participants according to their
individual needs:
1. Administration
2. Intake Assessment
3. Case Review
4. Activity Program
5. Food Service
D. A Participant Intake Form (PIF) or other client tracking
information shall be completed and submitted as required to the
Area Agency on Aging for each client served.
E. All services of the social day care program should be provided by
qualified staff.
F. Participants shall be referred to the Information and
Assistance/Case Management Program as needed.
G. The Contracting Agency shall establish a system through which
clients of services under this approved Agreement may present
grievances about the activities of the Contracting Agency or any
subcontractor(s) related to service delivery. The system shall
provide clients with an informal hearing before representatives
of the Contracting Agency. If a client is dissatisfied with a
Page 20 of 29 Agreement No. 90-009-258
response to a complaint by the Contracting Agency, the client may
request an investigation of findings by the County. The
Contracting Agency shall record and maintain in writing a
separate file of all complaints received regarding quality of
service and denial of service provided under this Agreement.
This file shall include the dates and action taken to resolve the
complaints. The Contracting Agency shall respond to all
complaints in a timely manner. Clients served with state funds,
Senior Citizens Services Act, must be informed of their right to
a fair hearing regarding service eligibility specified in WAC
388-08 and under the provisions of the Administrative Procedures
Act, Chapter 34.04 RCW.
H. Services shall be provided in Yakima County.
V ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATE: The Contracting
Agency agrees that:
A. The level of service to be provided shall be as described in the
Specific Provisions, Section V, Subsection C, Part 3, of this
Agreement, and that failure to meet the service levels as defined
in this Agreement may result in a renegotiation of the funding
levels provided under the terms of this Agreement;
B. 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 that
quarter. The County shall submit to the Contracting Agency
notification of intent to recapture unspent funds and a
modification to the budget reflecting the adjusted changes in the
Agreement.
C. Unit of Service
1. Definition:
A unit of Social Day Care shall consist of one day of Social
Day Care service.
2. There will be thirty (30) unduplicated individuals served by
this Agreement.
3. Anticipated Service Level by Quarter:
Units
January - March 100
April - June 373
July - September 373
October - December 374
Total 1,220
Page 21 of 29 Agreement No. 90-009-258
4. Anticipated Expenditure
January - March
April - June
July - September
October - December
Total
Rate by Quarter:
$ 3,817.00
3,818.00
3,818.00
3,818.00
$15,271.00
VI ADMINISTRATIVE AGREEMENTS:
A. Access by the County: The Contracting Agency shall provide
access at all reasonable times for the County to monitor and/or
evaluate the provisions of
services
County may, with prior permission
knowledge of
percentage of
program.
under
from
the Contracting Agency,
this Agreement.
the participant
The
and
interview a certain
participants to ascertain their feelings about the
B. Records and Reports: The Contracting Agency agrees to:
1. submit the monthly report showing service level provided by
the tenth day of each month following the month during which
the services were provided;
C.
2. submit a quarterly performance report by the tenth day of
the month following the end of the quarter unless otherwise
approved by the County;
3. complete and submit such additional
by the County within the specified
the Contracting Agency is given a
reports as are required
time frames, providing
written request for the
reports thirty (30) days prior to the due date.
Inventory: The Contracting Agency agrees to complete at least
once a year a physical inventory, using forms provided by the
County, of all equipment purchased under this Agreement.
D. Contractors Meeting: The Contracting Agency agrees to have a
representative attend meetings of the Area Agency on Aging
contractors, not to exceed four (4) per year.
E.
Program Publication: The Contracting Agency agrees that:
1. the program shall be publicized on a regular basis, with all
publicity and
Yakima/Southeast
funding agency;
printed material identifying the
Washington Area Agency on Aging as a
Page 22 of 29 Agreement No. 90-009-258
2. all material distributed with regards to publicizing the
program contain a statement assuring non-discrimination.
Following is the wording suggested:
The City of Yakima does not discriminate in providing
services on the grounds of race, color, sex, religion,
national origin, creed, marital status, age or the
presence of any sensory, mental, or physical
disability.
3. materials publicizing the program must be printed in other
appropriate languages in counties that have a specific
minority 60+ population of two (2%) percent or more of the
general 60+ population.
F. Additional Remuneration Prohibited: Neither the Contracting
Agency 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 J.) In the event that this provision
is violated, the County shall have the right to assert a claim
against the Contracting Agency on its own behalf and/or on behalf
of the client.
G. Private Pay: The Contracting Agency, who offers to the general
public on a private pay basis a service comparable to the service
described in this Agreement, must assure that the County is not
charged more for the service than the private pay fee. The
responsibility lies with the Contracting Agency to justify that a
service provided at a different rate is not comparable to this
service.
H. Maintenance of Funding Sources: The Contracting Agency agrees
that:
1. the County funds are not 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 and it will make any
program changes necessary to meet the requirements of the
new funding sources.
Page 23 of 29 Agreement No. 90-009-258
1. Fees and Donations: The Contracting Agency 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 Contracting Agency 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 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 Area Agency on Aging (AAA) staff and AAA 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;
Page 24 of 29 Agreement No. 90-009-258
4. authorize and/or participate in any program or fiscal
evaluations or studies conducted by the County or DSHS.
Prior notice will be provided as well as final reports of
evaluations or studies;
5. conduct a self-evaluation of the program annually. The
self-evaluation shall include a survey of an appropriate
number of clients utilizing the service. The Contracting
Agency shall take steps to correct deficiencies found during
internal monitoring. Monitoring reports shall be made
available to the County upon request.
Page 25 of 29 Agreement No. 90-009-258
6Z Jo 9Z ebPd
ESTIMATED REVENUE
Yakima County
Year 1990
Page
1
DESCRIPTION
TOTAL
CASH
AAA NON -AAA
IN-KIND
SOCIAL DAY CARE
February 19 - December 31
SCSA
15,271.00
15,271.00
Clients' Donations
3,000.00
3,000.00
Other - In -Kind
2,252.00
2,252.00
TOTAL AVAILABTF REVENUE
20,523.00
15,271.00
3,000.00
2,252.00
6Z �o LZ abed
ESTIMATED EXPENDITURES
Yakima County
Year 1990 Page 1
ACCOUNT NO.
BASUB ELE
DESCRIPTION
TOTAL
CASH
AAA NON -AAA
IN-KIND
555
58
00
SOCIAL DAY CARE
00
1 ADMINISTRATION
10
1 Salaries & Wages
2,505.00
1,028.00
1,477.00
20
1 Personnel Benefits
877.00
360.00
517.00
41
1 Professional Services
439.00
181.00
258.00
00
1 TOTAL ADMINISTRATION
3,821.00
1,569.00
2,252.00
00
2 SERVICE DELIVERY
10
2 Salaries & Wages
12,158.00
12,158.00
20
2 Personnel Benefits
1,215.00
1,215.00
31
2 Office & Operating Supplies
1,500.00
881.00
619.00
35
2 Small Tools & Minor Equipment
500.00
500.00
41
2 Professional Services
200.00
200.00
43
2 Travel
300.00
300.00
44
2 Advertising
250.00
250.00
47
2 Public Utility Services
312.00
312.00
49
2 Miscellaneous
267.00
267.00
00
2 TOTAL SERVICE DELIVERY
16,702.00
15,271.00
1,431.00
555
58
00
TOTAL ALLOWABTT EXPENDITURES
20,523.00
15,271.00
3,000.00
2,252.00
ESTIMAIED EXPENDITURE
YEAR 1990 PAGE 1 of 2
ACCOUNT NO.
NARRATIVE
555.58.00
.00 1
.10 1
.20 1
.41 1
.00 L
SOCIAL DAY CARE NON -AAA
ADMINISTRATION
Salaries & Wages:
Sr. Center Coordinator: 3 hrs/wk x
46 weeks x $10.69
Sr. Center Clerk: 3 hrs/wk x 46 wks
x $7.45
Total. Salaries & Wages
Personnel Benefits: @ 35%
Total Personnel Benefits
Professional Services: Audit
Total. Professional Services
$1,477.00
1,028.00
$2,505.00
517.00
360.00
$ 877.00
1/
2/
1/
2/
181.00
258.00 1/
$ 439.00
TOTAL ADMINISTRATION $3,821.00
Page 28 of 29
ESTIMATED EXPENDITURE
YEAR 1990 PAGE 2 of 2
ACCOUNT NO.
555.58.00
.00 2
.10 2
.20 2
.31 2
. 35 2
.41 2
.43 2
.44 2
.47 2
.49 2
. 00 2
. 00 1
555.58.00
NARRAT1VE
SOCIAL DAY CARE
SERVICE DELIVERY
Salaries & Wages:
Social Day Care Coordinator:
16 hrs/wk x 44 wks x $8.00
Social Day Care Leaders:
12 hrs/wk x 44 wks x $6.18 x
2 positions
Total Salaries & Wages
Personnel Benefits: @ 10%
Office & Operating Supplies
Tools & Equipment
Professional Services:
Travel: 1463 miles x 20.5 cents
Advertising: Flyers & brochures
Public Utility Services
Miscellaneous: Registrations,
conference, etc. 267.00
AAA
$ 5,632.00
6,526.00
$12,158.00
1,215.00
881.00
200.00
300.00
250.00
TOTAL SERVICE DELIVERY
TOTAL ADMINISTRATION
TOTAL SOCIAL DAY CARE
NON -AAA
Cash
$ 619.00
500.00
312.00
$15,271.00 $1,431.00
$3,821.00
$15,271.00 $5,252.00
CONTRIBUTIONS AND DONATIONS
Such funds as are erned or donated to the Contracting Agency through activities performed
under the terms of this Agreement shall be reported to the County and shall be used to
patEXIANK/provide additional units of Social Day Care services above the service
specifications of this ;'44reement.
Page 29 of 29