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HomeMy WebLinkAboutR-1996-168 Agreement / Office of Aging and Long Term Care / Geriatric Footcare Program / Parks and RecreationRESOLUTION NO. R-96- 168 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, Office of Aging and Long Term Care, for a 1997 Geriatric Footcare Program for Senior Citizens. WHEREAS, The County of Yakima, Office of Aging and Long Term Care, has funds available to offer a Geriatric Footcare 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, Office of Aging and Long Tenn Care 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 17th day of December , 1996 62t - LN BUCHANAN, MAYOR ATTEST: K6- A CITY CLERK PERFORMANCE AGREEMENT NO. 97-291 ADMINISTRATION OF AGREEMENT ag 1 qq7 THIS AGREEMENT is entered into this day of , 1-996, by and between Yakima County, hereinafter denominated the "County", through the Office of Aging d Long Term Care whose address is P.O. Box 8349, Yakima, Washington 98908, hereinafter denominated the "Department", and City of Yakima, whose address is 129 North 2nd Street, Yakima, Washington, 98901, 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 Foot Care services in accordance with the terms and conditions set forth in the provisions as listed below: ADDITIONAL TERMS of this Agreement are set out in and governed by Basic Agreement No. ALTC-09. In the event the Basic Agreement is revised, this Agreement shall conform to the revisions. PAYMENT CATEGORY AMOUNTS SIGNATURES Title III -B (CFDA #93.044) TOTAL OBLIGATION PERIOD OF AGREEMENT $8,600 $8,600 January 1, 1997 - December 31, 1997 BOARD OF YAKIMA COUNTY Resolution No: 3 1j -/q9 Approved as to form by Ron Zirkle word I rm I contract I sigyakfc. doc CONTRACTOR CITY OF YAKIMA Authorized Signature DiCk Zais City Manager Attest: (Typed) N City Clerk Date City Contract No. 9/-/i6 Resolution No. ,e -96-/&g YAKIMA COUNTY, Office of Aging and Long Term Care Authorized Signature Helen Bradley. Director (Typed) Name and Title twvrijUt /99 Date CONTRACT AUTHORIZATION COMMISSIONERS 0u7u7n /.i 12 --f 6S',VsSitE�S n STANDARD TERMS AND PAYMENT PROVISIONS SPECIFIC PROVISIONS I 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) II PROJECT DEFINITION Geriatric Preventative Foot Care services are intended to provide early detection of existing and potential foot problems as well as alleviate dry skin problems, and maintenance of healthy nails. Services include foot inspection and palpation, foot soaks, nail trimming, and instructions in foot health maintenance. Referrals for follow-up treatment are made to local physicians and podiatrists. III PARTICIPANTS The Contractor agrees that: A. The target population for geriatric preventative foot care services are the individuals referenced in the Geriatric Preventative Foot Care 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: Low-income 75 years of age or older Racial minority 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 to be attained for 1997 are as follows: 1. 11% Racial or ethnic minorities 2. 50% Low-income 3. 55% 75 years of age or older 4. 4% Limited or non-English speaking 5, 40% Living alone The Contractor must report on clients served in these categories. STPYKFC - 1 f:\ \rebecca\contract\stpykfc.doc (11/18/96) IV SERVICE SPECIFICATIONS 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. Foot Care services shall be delivered in accordance with the Southeast Washington Office of Aging and Long Term Care Foot Care 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. C. A Participant Intake Form (PIF) or other client tracking information shall be completed and submitted as required to the Office of Aging and Long Term Care for each client served. D. Local medical professionals will be available to provide consultation services and act in an advisory capacity. E, Clinics will be held monthly at each designated facility which will include, but not be limited to, low-income housing facilities and senior centers. F. Participants shall be referred to the Information and Assistance/Case Management Program as needed. G. 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 XVI(F). H. Services shall be provided throughout Yakima County. V ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATE The Contractor agrees that: A. The level of service to be provided shall be as described in the Specific Provisions, Section V, Subsection C, Parts 2 and 3, of this Agreement. 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; STPYKFC - 2 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 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 Contractor 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 Geriatric Preventative Foot Care service shall consist of one (1) visit with each client who receives a foot care treatment. 2. There will be 450 unduplicated individuals served by this Agreement. 3. Anticipated Service Level by Quarter: Units January - March 485 April - June 485 July - September 485 October - December 486 Total 1,941 4. Anticipated Expenditure Rate by Quarter: Units January - March $ 2,150 April - June 2,150 July - September 2,150 October - December 2,150 Total $ 8,600 VI ADMINISTRATIVE AGREEMENTS A. Access by the County: The Contractor shall provide access at all reasonable times for the County to monitor and/or evaluate the provisions of services under this Agreement. The County may, with prior permission from the participant and knowledge of the Contractor, interview a certain percentage of participants to ascertain their experiences with the program. B. Records and Reports: The Contractor 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; 2. Submit a quarterly performance report and a quarterly revenue and expenditure report by the tenth day of the month following the end of the quarter unless otherwise approved by the County; STPYKFC - 3 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 3. Complete and submit such additional reports as are required by the County 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 vendor invoice(s) at the same time with the monthly billing before County reimbursement of expenditures of authorized equipment items of $300.00, or more; 2. Complete at least once a year physical inventory, using forms provided by the County, of all equipment purchased under this Agreement. 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 as a funding agency; 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, 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 two (2%) 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 1). In the event that this provision is violated, the County shall have the right to assert a claim against the Contractor on its own behalf and/or on behalf of the client. G. Private Pay: 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 the County is not 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. STPYKFC - 4 f.\. \rebecca\contract\stpykfc.doc (11/18/96) H. Maintenance of Funding Sources: The Contractor 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 changes necessary to meet the requirements of the new funding sources. 1. 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 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; STPYKFC - 5 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 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 at least 10% of clients utilizing the service. The Contractor shall take steps to correct deficiencies found during the internal monitoring. Monitoring reports shall be made available to the County upon request. PAYMENT PROVISIONS 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 Contractor a sum not to exceed $8,600 from available funds as submitted on budget proposal packet. This total sum shall be available during the period January 1, 1997 through December 31, 1997. These funds shall be used to provide Foot Care services. Payment to the Contractor for this unit rate price Agreement shall be based on the unit rate of $4.43 per unit of Foot Care services during the period January 1, 1997 through December 31, 1997. Client donations received in excess of $5,400 will be used to provide additional units of service at the rate of $7.43 per unit of Foot Care or be spent first before ALTC funds are used. Payment shall be based on claims for reimbursement as reported on the Office of Aging and Long Term Care invoice 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 shall renegotiate the unit rate the following contract year if revenue and expense reports indicate a profit of more than three percent (3%). The County shall not 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. II 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 the County 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; STPYKFC - 6 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 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 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 Contractor fails to submit all required documentation, or 2. In the County's 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 County contracted funds by greater than five (5%) percent of their respective allotted amount. The County agrees 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 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 Contractor'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 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 working day for that month. STPYKFC - 7 f:\. \rebecca\contract\stpykfc.doc (11/18/96) BASIC AGREEMENT NO. ALTC-09 BETWEEN YAKIMA COUNTY AND CITY OF YAKIMA TABLE OF CONTENTS SECTION TITLE PAGE L PURPOSE 1 II. AUTHORITY OF DIRECTOR OF ALTC 1 III. EX I bNT OF CONTRACT 1 IV. PERIOD OF PERFORMANCE 1 V. COMPLIANCE WITH LAWS 1 VL ORDER OF PRECEDENCE 1 VII. RELATIONSHIP OF THE PARTIES 2 VIII. DEFINITIONS 2 IX. TREATMENT OF ASSETS 2-4 X. NON-EXCLUSION FROM FEDERAL PROCUREMENT/NON-PROCUREMENT PROGRAMS (Executive Order 12549) 4 XI. LICENSING AND PROGRAM STANDARDS 5 XII. STANDARDS FOR FISCAL ACCOUNTABILITY 5 XIII. INSPECTION 5-6 XIV. AUDIT REQUIREMENTS 6 XV. INSURANCE AND BONDING 7 XVI. HOLD HARMLESS 7 XVII. NONDISCRIMINATION 7-8 XVIII. SAFEGUARDING OF INFORMATION 9 XIX. INCIDENT REPORTING 9 XX. ASSIGNMENT AND SUBCONTRACTING 9 XXI. SEVERABILITY 9 XXII. MODIFICATION 9 XXIII. SUSPENSION, TERMINATION AND CLOSE-OUT 10-11 XXIV. CONFLICT OF IN 1'LREST 11 XXV. COVENANT AGAINST CONTINGENT FEES 11 XXVI. DISPUTES 11 XXVII. PROHIBITION OF POLITICAL ACTIVITIES 11 XXVIII. VENUE 12 XXIX. CONDITION PRECEDENT 12 AUTHORIZED SIGNATURE 13 word )rm l conlrac1 t 1ab le. doc(11 /5/96) THIS AGREEMENT is entered into by and between YAKIMA COUNTY, hereinafter called "the County", whose address is Yakima County Courthouse, Room 102, 128 North 2nd Street, Yakima, Washington 98901, and CITY OF YAKIMA , hereinafter called "the Contractor", whose address is 129 North 2nd Street, Yakima, Washington, 98901. Communication and correspondence regarding this document and services described in any statement of work should be mailed to: ALTC, P.O. Box 8349, Yakima, 98908, whose address is 7200 W. Nob Hill Blvd., Yakima, Washington. I. PURPOSE The purpose of this document is to establish a Basic Agreement containing General Terms which shall be incorporated by reference into the Work Order executed between the Yakima County, ALTC and the Contractor. II. AUTHORITY OF THE DIRECTOR OF ALTC The County hereby appoints and the Contractor hereby accepts the Director of ALTC, or a designee, as the County's representative for the purpose of administering the provisions of this Agreement, 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 Agreement. All actions taken by the Director of ALTC shall be subject to approval by the County. The County reserves the right to terminate this Agreement and to commence civil action for its enforcement. III. EXTENT OF CONTRACT The Basic Agreement and the Work Order contain all the terms agreed upon by the parties. No other understandings, written or oral, regarding the subject matter of this Agreement shall bind the parties. IV. PERIOD OF PERFORMANCE The terms of this 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 Work Order. V. COMPLIANCE WITH LAWS The Contractor, in performance of this Agreement, shall comply with all applicable Federal, State, and local laws and regulations. VI. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable Federal and State laws and Regulations; BASIC - 1 wordlrmlcontractibasic.doc (11/5/96) B. The terms of a Work Order; C. The terms of the Basic Agreement; D. Any other provisions incorporated in this Agreement. VII. RELATIONSHIP OF THE PARTIES The parties agree that the Contractor is an independent contractor and not an agent or employee of the County. Agents, employees, or representatives of the Contractor shall not hold themselves out as nor claim to be employees, agents, or representatives of the County for any purpose. Employees of the Contractor are not entitled to any benefits the County provides for its employees. VIII. DEFINITIONS Terms used throughout this Agreement shall have meanings as defined in the Washington Administrative Code (WAC). Additionally, the following words shall have the meanings as indicated: BARS - The Budgeting Accounting Reporting System for Counties and Cities and Other Local Governments, as now or hereafter amended, issued by the Office of the Washington State Auditor, and the BARS Manual Supplements issued by DSHS. Client - An individual applying for or receiving goods, services or benefits under a Work Order. The term Consumer is synonymous. Contracted Services - Those services to be provided by the Contractor under the terms of a Work Order. Contractor - The individual or entity delivering goods or services under this Agreement. "Contractor" includes authorized representatives and subcontractors retained to deliver contracted services. 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 terms "subcontract" and "subcontracts" mean subcontract(s) 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" and "subcontractors" mean subcontractor(s) in any tier. This Agreement - This Basic Agreement, which identifies the Contractor and the terms that apply when and if the County and the Contractor execute a Work Order. The terms of the Basic Agreement are applicable to a Work Order. BASIC - 2 word ,n contractlbasic.doc (11/5/96) Work Order - A document consisting of terms specific to contracted services, including the Statements of Work, Payment Provisions, Reporting Requirements, a budget, and Federal, State, and local laws and regulations. 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. 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. IX. TREATMENT OF ASSETS Real and personal property shall not be purchased under this Agreement without prior written approval from the County. The Contractor is required to maintain property record cards and property identification tabs as directed by Yakima County codes. The Contractor agrees to complete a Uniform Cost Control -1 (UCC -1) form for all nonexpendable property with a purchase price of $300.00 or more. UCC -1 forms must accompany monthly billings. An inventory of such property shall be completed annually and submitted to the County. 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. 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 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 Contractor, the cost of which the Contractor 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. D. Nonexpendable personal property purchased by the Contractor 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 BASIC - 3 wordlrmlcontractlbasic.doc (///5/96) organization without the prior written approval of the County, State, or Federal Government. E. Nonexpendable personal property furnished to or purchased by the Contractor, which is vested in the County, State, or Federal Government, 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 Contractor 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, Title 62A, RCW. G. The Contractor shall be responsible: 1. For loss or damage to property of 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 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 County, State, or Federal Government property, the Contractor shall notify the County thereof and shall take all reasonable steps to protect that property from further damage. I. The Contractor 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 Contractor and the County. J. The County may, at its discretion, abandon in place 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. X. NON-EXCLUSION FROM FEDERAL PROCUREMENT OR NON -PROCUREMENT PROGRAMS (Executive Order 12549) In signing this contract, the Contractor shall and does certify that it is not debarred, suspended, ineligible or voluntarily excluded from participation in federal assistance programs. The Certification will be signed and delivered to the Southeast Washington Office of Aging and Long Tenn Care before the execution of the Basic Agreement. BASIC - 4 wordlrmlcontractlbasic.doc (11/5/96) 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 Agreement to assure quality of seryices. The Contractor 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 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 within the time limitations established by the County. 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 Statement of Work; 2. Identify the source and application of all funds received for contracted services, distinguish costs of contracted services delivered under the terms of the Work Order from all other costs and provide for accounting separation of all funds received; and 3. Report all revenue and expenditures to the County in a manner consistent with reporting requirements of the Budgeting, Accounting, and Reporting System (BARS). 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 Work Order for at least seven years. Fiscal records must be retained until all audits are resolved. 3. 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. XIII. INSPECTION A. The Contractor shall give access to its facilities and records to any authorized officer, employee or agent of the County, the State of Washington or the Federal Government at all reasonable times. Authorized persons shall have the right to examine the Contractor's performance and financial records and perform other activities to determine the BASIC - 5 word rm contractibasrcdoc (II/5/96) Contractor's compliance with the terms of this Agreement. The County 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 County 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 the Work Order. C. The Contractor shall notify the County immediately of inspections, audits, accreditations, or program reviews related to the delivery of contracted services. The Contractor agrees to provide the County copies of written reports of such inspections, audits, accreditations or program reviews within 72 hours. XIV. AUDIT REQUIREMENTS A. The Contractor, if a subrecipient of Federal financial assistance, agrees to: 1. Adhere to Office of Management and Budget (0M13) Circular A-110 or A-133, whichever is applicable, 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. Subrecipient means an entity that receives Federal assistance to carry out a program for which they are accountable through an agreement, a Work Order, a contract, or an award. Contractors that are vendors are not subrecipients, but such agencies must maintain financial records for review by appropriate officials. Federal Financial Assistance means Federal assistance in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash assistance to individuals. B. The Contractor, if receiving (from all sources) at least $300,000 a year in Federal Financial Assistance, shall purchase annually a single audit or contract -specific audit conducted by a government auditor or public accountant who meets the standards for independence specified in the Government Auditing Standards. 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 BASIC - 6 wordvmlcontractlbasic.doc (11/5/96) 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. Contract -specific Audit means an audit of one Federal program in accordance with Federal laws, regulations, or audit guides relative to that particular program. C. The Contractor will assure that the audit report and management letter are provided to the County within nine (9) months of the close of the contracting period. If requested by the County, the Contractor will make available copies of all audit working papers pertinent to the contracting period. XV. INSURANCE AND BONDING The Contractor shall carry, without interruption during the term of a Work Order, a comprehensive bodily injury and property damage liability insurance policy in a minimum amount of $1,000,000.00 Combined Single Limit (CSL). The Contractor shall also carry either professional liability coverage for the duration of a Work Order or ensure that any licensed or certified professional providing contracted services carries their own professional liability coverage. Certification of insurance shall be provided to the County within thirty days after the execution of a Work Order. The Contractor agrees to maintain a Fidelity Bond in a minimum amount of $50,000.00 or the amount of one month's reimbursement, whichever is larger, which covers all individuals responsible for the administration of funds provided within the terms of a Work Order. Said fidelity bond must be procured and a copy provided to the County within thirty days after execution of a Work Order. XVI. HOLD HARMLESS Each party to this Agreement shall be responsible for claims and damages to persons and property resulting from negligence on the part of itself and its officers, employees and agents. Neither party shall be responsible for claims and damages to persons and property resulting from negligence on the part of officers or employees of the other party. This clause shall be included in any subcontracts allowed under this Agreement. XVII. NONDISCRIMINATION A. The Contractor shall comply with a nondiscrimination plan consistent with the Washington State Law Against Nondiscrimination (RCW 49.60) in the delivery of contracted services and the employment of individuals to deliver contracted services. The Contractor shall comply with the nondiscrimination plan of the Department of Social and Health Services or adopt a plan of its own which has been approved by the County. B. The Contractor shall comply with 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. BASIC - 7 wordlrmlconlracflbasic.doc (11/5/96) C. 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; 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. D. 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 accomplishment of a Statement of Work in respect to individuals of a particular race, creed, color, religion, national origin, gender, age, marital status, or the presence of any disability in determining: 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. E. The Contractor shall require subcontractors to fully comply with the provisions of this section, including sanctions for noncompliance. F. Client Grievance Procedures: The Contractor shall establish a system through which clients under this Agreement and any work orders may present grievances about the activities of the Contract or its subcontractors. This system shall include: 1. A written record of all complaints received regarding quality of service and denial of service provided under this Agreement, including dates and action taken to resolve. 2. A formal policy to insure the client's right to a hearing about any complaint within the Contractor's administrative structure and also to appeal to the County Office of Aging and Long Term Care and, if necessary, to the state office of Aging and Adult Services Administration if the Contractor cannot come to a satisfactory solution. 3. A statement that all clients who receive Senior Citizens Services Act funding have the right to a fair hearing regarding service eligibility as specified in WAC 388-08 and Administrative Procedures Act, Chapter 34.05 RCW. BASIC - 8 worddrmlcontractlbasic.doc (11/5/96) XVIII. SAFEGUARDING OF INFORMATION The use or disclosure by the Contractor of confidential information concerning a client is prohibited 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 County or the Contractor may disclose information to each other or to the State of Washington for purposes directly connected with the administration of this Agreement. Such information includes determining eligibility, delivering services, and participating in an audit. B. The County or the Contractor may disclose information to appropriate Federal agencies and the State of Washington for research, monitoring, statistical, and evaluation purposes. XIX. INCIDENT REPORTING The Contractor agrees to report any extraordinary incident to the County, in writing, within three working days of the occurrence of an incident. A reportable incident is one which occurs or arises under this Agreement , 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; 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 County 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 Agreement. XX. ASSIGNMENT AND SUBCONTRACTING The Contractor may assign or subcontract any portion of a Statement of Work provided the written subcontract has been reviewed and approved by the County prior to the start of the subcontract. All contracted services which are not delivered directly by the Contractor must be conducted according to the terms of this Agreement. XXI. SEVERABILITY If any provision of this Agreement shall be held invalid, the invalidity shall not affect the other provisions of the Agreement. To that end, the provisions of this Agreement are severable. XXII. MODIFICATION No modification or waiver of any clause or condition of this Agreement is binding upon either party unless such modification or waiver is in writing and executed by both parties. BASIC - 9 worddrmlcontractlbasic.doc (11/5/96) XXIII. SUSPENSION, TERMINATION AND CLOSE-OUT If the Contractor fails to comply with the terms of this Agreement, the County may pursue such remedies as are legally available including the suspension or termination of this Agreement in whole or in part in the manner specified herein. A. Suspension - If the Contractor fails to comply with the terms of this Agreement or is unable to substantiate full compliance with the terms of this Agreement, the County may suspend this Agreement 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 County and is able to substantiate its full compliance with the terms of this Agreement. No obligation incurred by the Contractor during the period of suspension shall be allowable under this 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 Agreement. B. Termination for Cause - The County may, by written notice, terminate this Agreement in whole or in part for substantial breach by the Contractor of duties under this Agreement. In such an event, the Contractor shall be liable for reasonable damages, including the reasonable cost of procuring similar services actually procured by the County to fully execute the Contractor's duties under this Agreement. C. Termination for Other Grounds - This Agreement may be terminated in whole or in part by: 1. Either party, upon sixty 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; or 2. The County, 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 Work Order, 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 monies 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. BASIC - 10 wordlrmicontractlbasic.doc (11/5/96) 3. In the event the County 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. XXIV. CONFLICT OF INTEREST The County may, by written notice to the Contractor, terminate this 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 Agreement or in making determinations with respect to this Agreement: A. RCW 42.20, Misconduct of Public Officers; B. RCW 42.21, Code of Ethics for Public Officials; C. RCW 42.22, Code of Ethics for Public Officers and Employees; D. RCW 42.23, Code of Ethics for Municipal Officers -Contract Interests. The County shall not be liable for payment for services rendered under this Agreement to the extent this Agreement was entered into in violation of this clause. XXV. 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 Work Order. 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 County may at its discretion: A. Annul this Agreement in whole or in part without any liability; or B. Deduct, or similarly recover from the consideration of this Agreement, the amount of the contingent fee. XXVI. DISPUTES Except as otherwise provided in this Agreement, any dispute arising under this Agreement, which is not resolved by mutual understanding, shall be submitted in writing to the County for settlement under the County's Complaint Resolution Procedures. XXVII. PROHIBITION OF POLITICAL ACTIVITIES No funds, material, property or contracted services provided under the terms of this Agreement shall be used for partisan political activity or to further the election or defeat of any candidate for public office. BASIC - 11 wordlrm contractlbasic.doc (11/5/96) XXVIII. VENUE This Agreement shall be governed by the laws of the State of Washington. Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought in the Superior Court for the State of Washington in Yakima County, Washington. XXIX. CONDITION PRECEDENT This 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. BASIC - 12 wordUmlcontractlbasic.doc (11/5/96) SIGNATURE PAGE CONTRACTOR YAKIMA COUNTY, Office of Aging and Long Tenn Care CITY OF YAKIMA Agency Name Authorized Signature D I CK Z A I S, CITY MANGER ATTEST: C(4 E -vim . �2 / � <° '�'c e � t:�...-) uthorized Signature Iele Bradley. Director (Typed) Name and Title _ — 7/7 (Typed) Name and Title KAREN S. ROBERTS, Date CITY CLERK Date CITY CONTRACT NO. 96-121 RESOLUTION NO. R-96-168 CONTRACT AUTHORIZATION BOARD OF YAKIMA COUNTY COMMISSIONERS Resolution No: 6 A, BASIC - 13 wordirmlcontractibasic.doc (11/5/96) ATTEST: Aging & Long fern' Care Southeast Washington CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY .MATTERS (NON -PROCUREMENT) Signature of this certification provides for compliance with the certification requirements under the regulations implementing Executive Order 12549, Debarment and Suspension. The certifications shall be treated as a material representation of fact upon which reliance was placed when this transaction was entered into. 1. The Contractor certifies that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local) with commission of any offenses enumerated in paragraph (1)(b) of this certification; and 2. Where the Contractor is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. I hereby certify that the Contractor will comply with the above certification. CONTRACTOR Type Name Printed Name and Title Signature Date P.O, Box 8349 © Yakima, WA 98908 (509) 574-1060 (VoiceiTDD) m Fax (509) 574-1061 ® 1-800-572-7354 DEBAR -1 wordlrmlcontracMldebar.doc (11/5/96) Southeast Washington Counties: Asotin ® Benton Columbia ® Franklin 0 Garfield ® Kittitas m Walla Walla o Yakima SILT( Aging & Long 1 erm Care Southeast Washington CERTIFICATION INSTRUCTIONS By signing and submitting this proposal, the Contractor is providing the certification as set out below: 1. The Certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Contractor knowingly rendered an erroneous certification, Yakima County may pursue available remedies, including suspension and/or debarment. 2. The Contractor shall provide immediate written notice to Yakima County if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The terms "covered transaction", "debarred", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntary excluded", as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 4. The Contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The Contractor further agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The Contractor may rely upon a certification of a prospective subcontractor in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Nonprocurement Programs. 7. Nothing constrained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instruction, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, Yakima County may pursue available remedies, including suspension and/or debarment. PC. Box 8349 ® Yakima, WA 98908 (509) 574-1060 (olceT D; ® Fax (509) 574-1061 ® 1-800-572-7354 DEBAR - 2 wordlrmlcontracAdebar.doc (11/5/96) Southeast Washington Counties: Asotin ® Be or. Columbia Franklin © Garfield ®lKittitas Walla Walla Yakima STANDARD TERMS AND PAYMENT PROVISIONS SPECIFIC PROVISIONS I 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) II PROJECT DEFINITION Geriatric Preventative Foot Care services are intended to provide early detection of existing and potential foot problems as well as alleviate dry skin problems, and maintenance of healthy nails. Services include foot inspection and palpation, foot soaks, nail trimming, and instructions in foot health maintenance. Referrals for follow-up treatment are made to local physicians and podiatrists. III PARTICIPANTS The Contractor agrees that: A. The target population for geriatric preventative foot care services are the individuals referenced in the Geriatric Preventative Foot Care 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: Low-income 75 years of age or older Racial minority 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 to be attained for 1997 are as follows: 1. 11% Racial or ethnic minorities 2. 50% Low-income 3. 55% 75 years of age or older 4. 4% Limited or non-English speaking 5. 40% Living alone The Contractor must report on clients served in these categories. STPYKFC - 1 f:\. \rebecca\contract\stpykfc.doc (11/18/96) IV SERVICE SPECIFICATIONS 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. Foot Care services shall be delivered in accordance with the Southeast Washington Office of Aging and Long Term Care Foot Care 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. C. A Participant Intake Form (PIF) or other client tracking information shall be completed and submitted as required to the Office of Aging and Long Term Care for each client served. D. Local medical professionals will be available to provide consultation services and act in an advisory capacity. E. Clinics will be held monthly at each designated facility which will include, but not be limited to, low-income housing facilities and senior centers. F. Participants shall be referred to the Information and Assistance/Case Management Program as needed. G. 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 XVI(F). H. Services shall be provided throughout Yakima County. V ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATE The Contractor agrees that: A. The level of service to be provided shall be as described in the Specific Provisions, Section V, Subsection C, Parts 2 and 3, of this Agreement. 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; STPYKFC - 2 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 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 Contractor 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 Geriatric Preventative Foot Care service shall consist of one (1) visit with each client who receives a foot care treatment. 2. There will be 450 unduplicated individuals served by this Agreement. 3. Anticipated Service Level by Quarter: Units January - March 485 April - June 485 July - September 485 October - December 486 Total 1,941 4. Anticipated Expenditure Rate by Quarter: Units January - March $ 2,150 April - June 2,150 July - September 2,150 October - December 2,150 Total $ 8,600 VI ADMINISTRATIVE AGREEMENTS A. Access by the County: The Contractor shall provide access at all reasonable times for the County to monitor and/or evaluate the provisions of services under this Agreement. The County may, with prior permission from the participant and knowledge of the Contractor, interview a certain percentage of participants to ascertain their experiences with the program. B. Records and Reports: The Contractor 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; 2. Submit a quarterly performance report and a quarterly revenue and expenditure report by the tenth day of the month following the end of the quarter unless otherwise approved by the County; STPYKFC - 3 f.\. \rebecca\contract\stpykfc.doc (11/18/96) 3. Complete and submit such additional reports as are required by the County 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 vendor invoice(s) at the same time with the monthly billing before County reimbursement of expenditures of authorized equipment items of $300.00, or more; 2. Complete at least once a year physical inventory, using forms provided by the County, of all equipment purchased under this Agreement. 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 as a funding agency; 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, 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 two (2%) 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 shall have the right to assert a claim against the Contractor on its own behalf and/or on behalf of the client. G. Private Pay: 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 the County is not 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. STPYKFC - 4 f:\. \rebecca\contract\stpykfc.doc (11/18/96) H. Maintenance of Funding Sources: The Contractor 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 changes necessary to meet the requirements of the new funding sources. I. 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 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; STPYKFC - 5 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 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 at least 10% of clients utilizing the service. The Contractor shall take steps to correct deficiencies found during the internal monitoring. Monitoring reports shall be made available to the County upon request. PAYMENT PROVISIONS 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 Contractor a sum not to exceed $8,600 from available funds as submitted on budget proposal packet. This total sum shall be available during the period January 1, 1997 through December 31, 1997. These funds shall be used to provide Foot Care services. Payment to the Contractor for this unit rate price Agreement shall be based on the unit rate of $4.43 per unit of Foot Care services during the period January 1, 1997 through December 31, 1997. Client donations received in excess of $5,400 will be used to provide additional units of service at the rate of $7.43 per unit of Foot Care or be spent first before ALTC funds are used. Payment shall be based on claims for reimbursement as reported on the Office of Aging and Long Term Care invoice 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 shall renegotiate the unit rate the following contract year if revenue and expense reports indicate a profit of more than three percent (3%). The County shall not 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. II 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 the County 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; STPYKFC - 6 f:\. \rebecca\contract\stpykfc.doc (11/18/96) 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 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 Contractor fails to submit all required documentation, or 2. In the County's 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 County contracted funds by greater than five (5%) percent of their respective allotted amount. The County agrees 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 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 Contractor'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 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 working day for that month. STPYKFC - 7 \. \rebecca\contract\stpykfc.doc (11/18/96) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting of December 17, 1996 ITEM TITLE: Preventative Footcare Program for Senior Citizens SUBMITTED BY: Jerry Copeland, Director of Public Works -2 Denise Nichols, Acting Parks & Recreatioanager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached is a resolution authorizing the City Manager to sign an agreement with the Office of Aging and Long Term Care to enable the Yakima Senior Citizens Center to continue to provide a Geriatric Footcare Program for Senior Citizens. Funding for this service will be provided by the Office of Aging and Long Term Care. This agreement allocates $8,600 for Geriatric Footcare Clinics in 1997. The goal of this program is to provide early detection of existing and/or potential foot problems among the elderly. This service involves footcare screening which will include footcare inspection and massage, foot soaks, nail trimming and instruction on foot health maintenance. Referrals for follow-up treatments are made to local physicians and/or podiatrists when necessary. The program objectives are: 1. Early detection and prevention of foot problems. 2. Alleviation of dry skin problems of the feet. 3. Maintenance of well trimmed nails. 4. Increased education of foot health among older persons. Inasmuch as other contract language remains the same as the previous year, copies have not been reproduced for this package. The originals are on file in the City Clerk's Office. Resolution X Ordinance _ Contract Other (Specify) Agreement Funding Source Aging and Long Term Care Grant APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-168