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HomeMy WebLinkAboutR-1998-062 Social Day Care / Geriatric Foot Care• • RESOLUTION NO. R -98 -g 2 A RESOLUTION authorizing the City Manager and the City Clerk to execute an Agreement between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care, for the purpose of obtaining funding for foot care services and adult day care services for senior citizens. WHEREAS, the City of Yakima desires that foot care services and adult day care services be provided to senior citizens; and WHEREAS, Yakima County, through its Office of Aging and Long Term Care, is willing to provide funding to the City for these services in accordance with the attached Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Agreement with Yakima County for the purpose of obtaining funding for foot care services and adult day care services for senior citizens, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated Agreement with Yakima County for the purpose of obtaining funding for foot care services and adult day care services for senior citizens. The final Agreement shall be approved as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 5 day of May,1998. ATTEST: Mow. aptnt A lone, lean,.,.,rm ohn Puccinelli, Mayor PERFORMANCE AGREEMENT NO. 98 -CITY OF YAKIMA ADMINISTRATION OF AGREEMENT cyid THIS s i AGREEMENT entered into this Yakima County, hereinafter er denominate day of � , 1998, b and d the "County", through 'he Office of Aging and LogbeTe Term Care whose address is P.O. Box 8349, Yakima, Washington 98908, hereinafter denominated the "Department", and City of Yakimq whose address is 129 North Second 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 delivery of Foot Care and Adult Day Care services in accordance with the terms and conditions set forth in the provisions lifted below: General Provisions Standard Terms and Payment Provisions Exhibit A (Adult Day Care Statement of Work) Exhibit B (Foot Care Statement of Work) PROGRAM AMOUNTS Foot Care $8,600 Adult Day Care $15,800 TOTAL FUNDING ALLOCATION $24,400 PERIOD OF AGREEMENT January 1, 1998 - December 31, 1998 SIGNATURES ITY OF YAKIMA Authorized is nature R.A. Zais, Jr., City Mana,9er (Typed) Name and Title Attest: City Clerk City Contract No. 98-56 Resolution No. Date: )714---1/4- I 1 cl YAKIMA COUNTY, Office of Aging and Long TT-rm Care Authorized Signature .ter Haen Madee y, ij Cto& (Typed) Name and Title Date. CONTRACT AUTHORIZATION BOARD OF YAKIMA COUNTY COMMISSIONERS n/} ATTEST: Resolution No:02,& `1`1 `IF Approved as to form by Ron Zirkle BASIC AGREEMENT GENERAL PROVISIONS I AUTHORITY OF THE DIRECTOR OF SOUTHEAST WASHINGTON OFFICE OF AGING & LONG TERM CARE The County hereby appoints and the Contractor hereby accepts the Director of Southeast Washington Office Of Aging & Long Term Care or a designee, as the County's representative for the purpose of administering the provisions of the 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 the Agreement. All actions taken by the Director shall be subject to approval by the County. The County reserves the right to terminate the Agreement and to commence civil action for its enforcement. II PERIOD OF AGREEMENT The term of the Agreement shall commence upon January 1, 1998 and terminate at 12:00 a.m., January 1, 1999, unless sooner terminated by either party under the terms and conditions of this Agreement. The Agreement supersedes any prior Agreements executed between Yakima County and the Contractor. III COMPLIANCE WITH LAWS The County and the Contractor, in performance of the Agreement, shall comply with all applicable Federal, State, and local laws and regulations. IV 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 neither claim to be nor present themselves as 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. V 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 Director or the Contractor may disclose information to each other, the State of Washington, or the Federal government for purposes directly connected with the administration of the Agreement. Such information includes determining eligibility, delivering services, and participating in an audit. B. The Director or the Contractor may disclose information to appropriate Federal agencies and the State of Washington for research, monitoring, statistical, and evaluation purposes. rm\contract\98bascoy.doc Page 1 of 10 Basic Agreement No. ALTC-09 VI TREATMENT OF ASSETS Real and personal property shall not be purchased under this Basic Agreement or any Contract without prior written approval from the Director. An inventory of such property shall be completed annually and submitted to the Director. A. Definitions: 1 Nonexpendable Personal Property means tangible personal property having a useful life of more than one year and an acquisition cost of $300.00 or more per unit, unless defined otherwise by Contract. 2. Personal Property means property of any kind except real property. 3. Acquisition Cost means the amount expended for property, excluding interest and the book value (acquisition cost less depreciation) of any trade-in. 4. Useful Life of property means that useful service life as based on the U. S. Department of Treasury, Internal Revenue Service, policies on depreciation for tax purposes, unless the Contractor can document to the written satisfaction of the Director some different period. B. Title to all property furnished by the County with County, State, or Federal funds shall remain with the County, the State of Washington, or the Federal Government as their respective interests may appear. C. Title to all nonexpendable personal property purchased by the Contractor, the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under a Contract, shall pass to and vest in the County or State of Washington, or Federal Government as their respective interests may appear, upon delivery of such property. D. Nonexpendable personal property purchased by the Contractor under the terms of any Contract in which title is vested in the 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. 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 delivery of contracted services. F. As a condition precedent to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the 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. rm\contract\98bascoy.doc Page 2 of 10 Basic Agreement No. ALTC-09 H. Upon the loss or destruction of or damage to County, State, or Federal Government property, the Contractor shall notify the Director thereof and shall take all reasonable steps to protect that property from further damage. I. The Contractor shall surrender to the Director all property of the County, State, or Federal Government within 30 days after settlement upon rescission, termination, or completion of this Basic Agreement or the Contract(s) for which the property was purchased, unless otherwise mutually agreed between the Contractor and the Director. J. The Director may, at his or her discretion, abandon in place property in which title is vested in the County, State, or Federal Government under the terms of the 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. VII 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 the Agreement to assure quality of services. VIII STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor's fiscal management system shall: 1. Provide accurate, current, and complete disclosure of the financial status of each Contract; 2. Identify the source and application of all funds received for contracted services, distinguish costs of contracted services delivered under the terms of the Contract from all other costs and provide for accounting separation of all funds received; and 3. Report all revenue and expenditures to the Director in a manner consistent with generally accepted accounting principles. B. The Contractor agrees to maintain written accounting procedures. C. The Contractor agrees to: 1. Maintain records and documents which accurately reflect all direct and indirect costs related to the delivery of contracted services; and 2. Retain all fiscal and program records and other material relevant to a Contract for at least seven years. Fiscal records must be retained until all audits are resolved. IX 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 Contractor's compliance with the terms of this Basic Agreement and any Contract. The Director shall give the Contractor reasonable notice of monitoring, auditing, observation and other visits by its officers and employees to the Contractor's place of business. B. The Director 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 Contract. rm\contract\98 ba scoy.doc Page 3 of 10 Basic Agreement No. ALTC-09 C. The Contractor shall notify the Director immediately of inspections, audits, accreditations, or program reviews related to the delivery of contracted services. The Contractor agrees to provide the Director copies of written reports of inspections, audits, accreditations or program reviews within 72 hours. X HOLD HARMLESS Each party shall indemnify and hold harmless the other, its elected officials, officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from a failure to comply with the Agreement, including audit exceptions, or the negligent acts of the indemnifying party, its elected officials, agents, employees, or subcontractors. XI AUDIT REQUIREMENTS A. Definitions Single Audit means an audit that will encompass the entirety of the financial operations of the Contractor and shall determine and report whether: 1. The financial statements of the Contractor present fairly its financial position and the results of its financial operations in accordance with generally accepted accounting principles, and whether the Contractor has complied with laws and regulations that may have a material effect upon the financial statements; 2. The Contractor has internal control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations; and 3. The Contractor has complied with laws and regulations that may have a material effect upon each major Federal assistance program. In testing compliance for this section the auditor must select and test a representative number of transactions from each major Federal assistance program. Program -Specific Audit means an audit of one Federal program in accordance with Federal laws, regulations, or audit guides relative to that particular program. When a Contractor expends Federal Financial Assistance under only one Federal program and the Federal program's laws, regulations, or grant agreements do not require a financial statement audit of the Contractor, the Contractor may elect to have a program -specific audit. Subrecipient means any person or government department, agency, or establishment that receives federal financial assistance to carry out or administer a program but not an individual who is a beneficiary of such a program. Distinguishing characteristics of a subrecipient include such items as responsibility to meet compliance requirements, performance measured against meeting the objectives of a program, responsibility for programmatic decision making, and determining eligibility for assistance. Vendor means an entity responsible for providing generally required goods or services related to the administrative support of the Federal assistance program. Distinguishing characteristics of a vendor include such items as providing the goods or services within normal business operations, operating for a profit, providing similar goods or services to many different purchasers, operating in a competitive environment, and not having responsibility for adherence to program compliance requirements. Federal Financial Assistance means assistance provided by a Federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest rm \contract\98bascoy.doc Page 4 of 10 Basic Agreement No. ALTC-09 subsidies, insurance, or direct appropriations. It does not include direct Federal cash assistance to individuals. It includes awards received directly from Federal agencies or indirectly through other units of state and local governments. B. The Contractor, if a subrecipient of Federal Financial Assistance and expends (from all sources) $300,000 or more a year in Federal Financial Assistance, shall purchase annually a single or program -specific audit conducted for that year by a government auditor or public accountant who meets the standards for independence specified in the Government Auditing Standards. The Contractor agrees to: 1. Adhere to the Office of Management and Budget (OMB) Circular A-133 and other relevant Federal and State Requirements; 2. Provide access to independent auditors to its financial records; and 3. Maintain accounting records that will enable identification of all federal funds received and expended by the OMB Catalog of Federal Domestic Assistance number. C. The Contractor, if a subrecipient of Federal Financial Assistance and expends less than $300,000 per year in Federal awards is exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the County, State, Federal Government or their authorized representative. D. The Contractor, if a vendor, is exempt from Federal audit requirements but records must be available for review by appropriate officials of the Federal agency, pass-through entity, and the General Accounting Office. The Contractor agrees to: 1. Ensure that transactions are in compliance with laws, regulations, and the provisions of the Agreement or grant agreements; 2. Maintain accounting records that will enable identification of all federal funds received and expended; and 3. Provide access to its financial records by appropriate officials of the County, State, Federal Government or their authorized representative to determine program compliance. E. The Contractor shall submit the audit report and any management letter to the Director concurrent with their issuance. XII NONDISCRIMINATION A. The Contractor shall develop or adopt a nondiscrimination plan consistent with the Washington State Law Against Discrimination (RCW 49.60). B. The Contractor shall not, on the grounds of race, creed, color, religion, national origin, gender, age, marital status, or the presence of any disability: 1. Deny an individual contracted services or benefits; 2. Provide contracted services or benefits to an individual which are different, or are provided in a different manner, from those provided to others; 3. Subject an individual to segregation or separate treatment in any manner related to the receipt of contracted services or benefits; or 4. Deny an individual an opportunity to participate in any program or afford an opportunity to do so which is different from that afforded others. C. The Contractor shall not use criteria or methods of administration which have the effect of rm\contract \98ba scoy.doc Page 5 of 10 Basic Agreement No. ALTC-09 subjecting individuals to discrimination because of race, creed, color, religion, national origin, gender, age, marital status, or the presence of any disability; or have the effect of defeating or substantially impairing the delivery of contracted services to individuals of a particular race, creed, color, religion, national origin, gender, age, marital status, or disability status through the selection of: 1. The types of contracted services or other benefits to be provided; 2. The class of individuals to whom, or the situation in which, such contracted services or other benefits shall be provided; or 3. The class of individuals to be afforded an opportunity to receive contracted services or other benefits. D. The Contractor shall comply with all Federal and State nondiscrimination rules, including: 1. The Americans With Disabilities Act (ADA) of 1990 which prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual. 2. Title VI of the Civil Rights Act of 1964 as amended. 3. Section 504 of the Rehabilitation Act 1973 as amended. 4. The Age Discrimination Act of 1975 as amended. 5. The Washington State Law Against Discrimination, RCW 49.60. E. The Contractor shall have a written procedure for resolving complaints which allege a violation of Federal laws against discrimination. A copy shall be made available to clients and applicants for contracted services. Such procedures should include time frames for Contractor response or action. Persons wishing to file a complaint shall be advised in writing of their right to file their complaint within 180 days of the alleged act of discrimination directly with the DSHS Office of Equal Opportunity, the Washington State Human Rights Commission, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Health and Human Services Office for Civil Rights, or the U.S. Department of Labor Office of Contract Compliance. F. The Contractor shall require subcontractors to fully comply with the provisions of this section, including sanctions for noncompliance. XIII INCIDENT REPORTING The Contractor agrees to report any extraordinary incident to the Director, in writing, within three working days of the occurrence of an incident. A reportable incident is one which occurs or arises under the 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 Director or the Board of Yakima County Commissioners may have a need to know; or D. A loss of funding so great as to jeopardize the Contractor's ability to fulfill the terms of this Basic Agreement or any Contract. rm\con tract\98bascoy.doc Page 6 of 10 Basic Agreement No. ALTC-09 XIV ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign or subcontract any portion of contracted services unless the written subcontract has been reviewed and approved by the Director prior to the start of the subcontract. All contracted services which are not delivered directly by the Contractor must be delivered according to the terms of this Basic Agreement and the Contract. XV SEVERABILITY If any provision of the Agreement shall be held invalid, the invalidity shall not affect the other provisions of the Agreement. To that end, the provisions of the Agreement are severable. XVI MODIFICATION No modification or waiver of any clause or condition of the Agreement is binding upon either party unless such modification or waiver is in writing and executed by both parties. XVII SUSPENSION, TERMINATION AND CLOSE-OUT If either party fails to comply with the terms of the Agreement, the other party may pursue such remedies as are legally available including the suspension or termination of the Agreement in whole or in part in the manner specified herein. A. Suspension - If the Contractor fails to comply or is unable to substantiate full compliance with the terms of the Agreement, the Director may suspend the 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 Director and is able to substantiate its full compliance with the terms of this Basic Agreement and the Contract. No obligation incurred by the Contractor during the period of suspension shall be allowable under the Agreement except: 1. Reasonable, proper, and otherwise allowable costs which the Contractor could not avoid during the period of suspension; and 2. Discretionary costs which the Contractor incurred during the period of suspension if the Contractor is able to substantiate complete compliance with the terms of this Basic Agreement and the Contract. B. Termination for Cause - Either party may, by written notice, terminate the Agreement in whole or in part for substantial breach by the other party of duties under the Agreement. C. Termination for Other Grounds - The Agreement may be terminated without cause in whole or in part by: 1. Either party, upon thirty days advance written request, in which case the two parties shall devise by mutual agreement the conditions of termination including the effective date and in case of termination in part, the portion to be terminated. 2. The Director, immediately upon written notice, if funding is withdrawn or reduced to the extent that the continuation is not in the best interest of the County. D. Close-out - Upon expiration or termination of a Contract, in whole or in part, the following provisions shall apply: 1. The County shall pay to the Contractor all allowable reimbursable costs not covered by previous payment upon submittal of a final invoice, subject only to the right rm\contract\98bascoy.doc Page 7 of 10 Basic Agreement No. ALTC-09 reserved to the parties in the event of a dispute as provided in subparagraph "3" below. 2. The Contractor shall pay to the County moneys received from the County in excess of allowable costs, subject only to the right reserved to the parties in the event of a dispute as provided in subparagraph "3" below. 3. In the event the Director and the Contractor are unable to agree upon amounts due as provided in subparagraphs "1" or "2" above, either party shall have the right to withhold the disputed amount from final payment pending a final audit, and then pay such amounts as the audit determines are payable. 4. The Contractor shall submit all required financial and performance reports within thirty days. E. Notices shall be delivered by U.S. mail to the address stated in the first paragraph of this Agreement or such other address provided by the Contractor in writing to the Director. XVIII GRIEVANCE PROCEDURES The Contractor shall have a written procedure for resolving grievances. A copy shall be made available to clients and applicants for contracted services. Such procedures should include time frames for filing a grievance and provide opportunities for informal and formal resolution. For grievances arising from the delivery of contracted services, the grievance procedures must include the right of the grievant to appeal to the Director. Applicants and clients shall be advised of the grievance procedures and their right to due process if they feel they have been wrongfully denied or terminated from services. XIX DEBARMENT AND EXCLUSION A. The Contractor shall and does certify it is not debarred, suspended, ineligible or voluntarily excluded from participation in Federal assistance programs. The Certification will be signed and submitted to the Director before the execution of this Basic Agreement. B. The Contractor shall provide immediate written notice to the Director if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. The Contractor shall not knowingly assign or subcontract any portion of contracted services to a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation. XX CONFLICT OF INTEREST The Director may, by written notice to the Contractor, terminate this Basic Agreement in whole or in part if it is found after due notice and hearing that any of the following laws have been violated in obtaining or amending this Basic Agreement or any Contract or in making determinations with respect to this Basic Agreement or any Contract: A. RCW 42.20, Misconduct of Public Officers; B. RCW 42.23, Code of Ethics for Municipal Officers -Contract Interests. C. RCW 42.52, Ethics in Public Service The County shall not be liable for payment for services rendered under any Contract to the extent this Basic Agreement or the Contract was entered into in violation of this clause. rm\con tract\98bascoy.d oc Page 8 of 10 Basic Agreement No. ALTC-09 XXI COVENANT AGAINST CONTINGENT FEES The Contractor shall assure that no person or agency has been employed or retained on a contingent fee for the purpose of seeking or obtaining a Contract. This does not apply to legitimate employees or an established commercial or selling agency maintained by the Contractor for the purpose of securing business. In the event of breach of this clause by the Contractor, the Director may: A. Annul this Basic Agreement or the Contract in whole or in part without any liability; or B. Deduct, or similarly recover from the consideration of the Contract, the amount of the contingent fee. XXII LOBBYING A. Federal requirements (U.S.C. Title 31, §1352): 1. No Federal appropriated funds may be paid , by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If non -Federal funds are used, the Contractor shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. The Contractor, if a recipient of a grant or cooperative agreement over $100,000, shall and does certify that it did and will comply with these Federal requirements. The Certification will be signed and submitted to the Director before the execution of this Basic Agreement. State requirements (RCW 42.17.020 (27); RCW 42.17.190): B. No public funds may be used directly or indirectly to attempt to influence the passage or defeat of any legislation by the legislature of the State of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any State agency under the State Administrative Procedure Act, RCW 34.05. Provided, This does not prevent the Contractor from communicating with a member of the legislature on the request of that member; or requesting legislative action or appropriations through appropriate channels. XXIII PROHIBITION OF POLITICAL ACTIVITIES No funds, material, property or contracted services provided under the terms of this Basic Agreement or any Contract shall be used for partisan political activity or to further the election or defeat of any candidate for public office. XXIV DISPUTES Any dispute arising under this Basic Agreement or any Contract, including a disputed complaint or grievance resolution, shall, unless otherwise provided in this Basic Agreement or the Contract, be submitted in writing to the Director for settlement under the Southeast Washington Office Of Aging & Long Term Care's Complaint Resolution Procedures. rm\contract\98ba scoy.doc Page 9 of 10 Basic Agreement No. ALTC-09 XXV REIMBURSEMENT LIMITS The sum of payments to the Contractor for a contracted service shall not exceed the contracted unit rate or the actual cost of providing the service, whichever is greater. In the event payments to the Contractor exceed this limit, the overpayment shall be returned to the County or deducted from the next Claim for Payment submitted by the Contractor. XXVI 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. rrn\con tract\98bascoy.doc Page 10 of 10 Basic Agreement No. ALTC-09 STANDARD TERMS AND PAYMENT PROVISIONS FOR MULTIPLE SERVICE PROVIDERS SPECIFIC PROVISIONS 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. Services shall be delivered in accordance with the State of Washington Aging and Adult Services Administration 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. II. ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATES The Contractor agrees that: A. The levels of service to be provided shall be as described in the Program Attachments for [name contracted services] to this Agreement. Failure to meet the service levels as defined in the Program Attachments 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 Contractor notification of intent to recapture unspent funds and a modification to the budget reflecting the adjusted changes in the Agreement. III. 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. Page 1 rmlcontract198stpmsp. doc 1. 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; 2. Submit the monthly report showing service level provided by the tenth day of each month following the month during which the services were provided; 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 $1,000 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: [Insert Contractor name] 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 Page 2 rm contract198stpmsp.doc APR -14-1999 15:14 Page 3 r.rilcO t tQst/pmcp.dao AGING & LONG TERM CARE 1509 955 0221 P.02/03 4. charged more for the service than the private pay fee. The responsibility lies with the Contractor to justify that service provided at a different rate is not comparable to this service. M. 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. Fees and Donations: The Contractor agrees that: 1. It wilt 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 mariner 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. The state requires that rates charged to others cannot be less than the program charges the state for the same services (usual and customary fee). The unit rate charged to the county must equal or exceed the rate billed the state for the same service or the state must be charged the lower rate. 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 APR -14-1999 16:14 AGING & LONG TERM CARE 1509 965 0221 P.03/03 and Long Term Care (ALTC) staff and ALTC Advisory Council. Monitoring may include assessing performance based on information submitted in the Request for Proposal (RFP). Prior notice of all such visits will be provided. 4. Authorize and/or participate in any program or fiscal evaluations or studies conducted by the 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 PI?OVISIONS CONSIDERATION 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 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. 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; 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 Page 4 milime motofttp,n tlac TOTAL P.03 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. D. Program Income: Gross income received by the contractor and/or subcontractors directly generated by federal funds or a federal grant supported activity or earned as the result of the grant and/or federal contract. 1. Program income may include, but is not limited to, income from: fees for services performed, proceeds from the sale, lease or rent of assets which were acquired using federal funds, contributions/donations from clients, honorariums, consultant fees, training fees, and the like, earned by staff when time spent earning such honorarium or fee was charged to federal funds, and revenue generated from sale of fabricated items. 2. Use program income in accordance with the Department of Health and Human Services Administration of Grants, 45CFR, Sec. 25. Costs borne by the program income must be used to satisfy cost sharing or matching requirements. The County 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. Page 5 rmlcontract198stpmsp. doc EXHIBIT A CITY OF YAKIMA FOOT CARE STATEMENT OF WORK 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. A. CFR Title 45, Subtitle A, Part 74, (Administration of Grants) B. CFR Title 45, Chapter XIII, Subchapter C, Part 1321 (Older Americans Act) C. WAC 388-17 (Senior Citizens Services Act) II PROJECT DEFINITION 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 1998 are as follows: Target Group Percentage Racial or ethnic minorities 11% Low-income 50% 75 years of age or older 55% Limited or non-English speaking 4% Living alone 40% The Contractor must report on clients served in these categories. Page 1 reb ecca Icontract198 S O W YFC. D O C 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. IV. UNITS OF SERVICE A. Definition: A unit of Geriatric Preventative Foot Care service shall consist of one (1) visit with each client who receives a foot care treatment. B. There will be 450 unduplicated individuals served by this Agreement. C Anticipated Service Level by Quarter: Month Units January - March 458 April - June 458 July - September 458 October - December 459 TOTAL 1833 D Anticipated Expenditure Rate by Quarter: Month Rate January - March $2,150 April - June $2,150 July - September $2,150 October - December $,2150 TOTAL $8,600 V. PAYMENT CONSIDERATIONS 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, 1998 through December 31, 1998. These funds shall be used to provide Geriatric Preventive Foot Care services. Payment to the Contractor for this unit rate price Agreement shall be based on the unit rate of $4.69 per unit of Foot Care services during the period January 1, 1998 through December 31, 1998. Client donations received in excess of $5,790 will be used to provide additional units of service at the unit rate of $7.85, or be spent first before ALTC funds are used. Page 2 rebeccalcontract198SOW YFC.DOC 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%). Page 3 reb ecca Icontract198 SO W YFC. D O C EXHIBIT B STATEMENT OF WORK ADULT DAY CARE CITY OF YAKIMA 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. WAC 388-17, (Senior Citizens Services Act) II PROJECT DEFINITION Adult 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. Adult 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 Contractor agrees that: A. The target population for the adult day care program are the individuals referenced in the adult day 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 ALTC funding should encourage the effective targeting of services to the vulnerable elderly by the Contractor Specific goals to be attained for 1998 are as follows: Target Group Racial or ethnic minorities Page 1 rebecca\contract\98 SOWADC.DOC Percentage 11% Low-income 75 years of age or older Limited or non-English speaking The Contractor must report on clients served in these categories. 50% 55% 4% 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 Office of Aging and Long Term Care for each client served. E. Participants shall be referred to the Information and Assistance/Case Management Program as needed. F. 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 XXIII). G. Services shall be provided throughout Yakima County. IV. UNITS OF SERVICE A. Definition. A unit of Adult Day Care shall consist of one day of Adult Day Care service. B. There will be twenty (20) unduplicated individuals served by this Agreement. C. Anticipated Service Level by Quarter: Month Units January - March 197 April - June 197 July - September 197 October - December 196 TOTAL 787 Page 2 rebecca\contract\98SOWAD C.DOC D. Anticipated Expenditure Rate by Quarter: Month Rate January - March $3,950 April - June 3,950 July - September 3,950 October - December 3,950 TOTAL $15,800 V. PAYMENT CONSIDERATIONS 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 $15,800 from available funds as submitted on budget proposal packet. This total sum shall be available during the period January 1, 1998 through December 31, 1998. These funds shall be used to provide Adult Day Care services. Payment to the Contractor for this unit rate price Agreement shall be based on the unit rate of $20.08 per daily unit of Adult Day Care services, less client match as computed on the client Senior Citizens Services Act application during the period January 1, 1998 through December 31, 1998. Page 3 rebecca\contract\98 SOWADC. DOC EXHIBIT C BUDGET CITY OF YAKIMA JANUARY 1, 1998 - DECEMBER 31, 1998 FOOT CARE FUNDING SOURCE Title III -B (CFDA #93.044) SCSA TOTAL AMOUNT $7,310 $1,290 $8,600 (450 unduplicated individuals, 1,833 units of service, @ unit rate of $4.69) ADULT DAY CARE FUNDING SOURCE AMOUNT SCSA $15,800 TOTAL $15,800 (20 unduplicated individuals, 787 units of service, @ unit rate of $20.08) rm\contract\YAKBUDPG. DOC BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /‘,), For Meeting of May 5, 1998 ITEM TITLE: Social Day Care Program for Senior Citizens and Geriatric Foot Care SUBMITTED BY: Chris Waarvick, Acting Director of Public Works Denise Nichols, Parks and Recreation Manager 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 offer Social Day Care Programs and Geriatric Foot Care for Senior Citizens. This agreement allocates $15,800 for Social Day Care service and $8,600 for Geriatric Foot Care in 1998. The goal of the Social Day Care is to provide frail, isolated adults opportunities for socialization and enable families of older persons to obtain relief from constant care. Services are designed to meet the social needs of the families for a safe, comfortable place to leave an older person on a regular basis. This program started in April, 1990, and has been very well received. The goal of the Geriatric Foot Care Program is to provide basic preventative foot care for frail, elderly adults. This program also started in 1990. Resolution x Ordinance Contract _ Other (Specify) Funding Source Aging & Long Term Care Grant APPROVED FOR SUBMITTAL: PLKCity Manager STAFF RECOMMENDATION: To approve the attached Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: