HomeMy WebLinkAboutR-1998-062 Social Day Care / Geriatric Foot Care•
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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%).
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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
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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
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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.
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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: