HomeMy WebLinkAboutSoutheast Washington Aging and Long Term Care - Footcare Services AgreementALTCCOG 2018-21
PERFORMANCE AGREEMENT NO. 2018 COY (FOOTCARE)
ADMINISTRATION OF AGREEMENT
THIS AGREEMENT is entered into by and between Southeast Washington Aging and Long Term Care
Council of Governments hereinafter denominated "SE WA ALTC COG", whose address is P.O. Box 8349, Yakima,
Washington 98908, and City of Yakima, 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 Southeast Washington Aging and Long Term Care Council of Governments Administrative office.
The parties agree that this contract agreement becomes effective at the time of execution by the Southeast
Washington Aging and Long Term Care Council of Governments Director and/or Governing Board.
THE PURPOSE of this Agreement is to provide for the delivery of Footcare services in accordance with the
terms and conditions set forth in the provisions as listed below:
ADDITIONAL TERMS of this Agreement are set out in and governed by ALTC Basic Agreement January
2016 (Basic Agreement No: 2016JanBasic-11COY). In the event the Basic Agreement is revised, this Agreement shall
conform to the revisions.
Total Funding Allocation
$19,276
rPeriod of Agreement: January 1, 2018 to December 31, 2018
CONTRACTOR SIGNATURES
City of Yakima Rss t . C`.{�
Date: (a' Dgi'�~7
Approved As To Legal Form:
1,11_,r Lori]. Brown, Dir or
SE Washington Aging and Long Term Care
Council of Governments
fv
Daniel Clark, WSBA #3590
Yakima County Senior Deputy Prosecuting Attorney
And Civil Legal Counsel for SE WA ALTC COG
CITY COr1TP CT r;n X017— '7€4.7
RESOLUTION NO n / a
Date:
\ O(a-oL�
AI.TCCOG 20/8-2 /
STANDARD TERMS AND PAYMENT PROVISIONS
CITY OF YAKIMA
2018 FOOTCARE
SPECIFIC PROVISIONS
I. APPLICABLE LAWS AND REGULATIONS
The Contractor agrees that services contemplated or delivered within the terms of this Agreement and funds
administered in the delivery of the specified services shall be provided in accordance with all applicable
Federal, State, and local laws and regulations, in particular the following:
A. CFR Title 45, Subtitle A, Part 74, (Administration of Grants)
B. CFR Title 45, Chapter XIII, Subchapter C, Part 1321 (Older Americans Act)
C. WAC 388-106-1100 through 1120 (Senior Citizens Services Act)
D. Older American Act (PL 109-365)
E. WAC 246-840-700, 710; RCW 18.79 (Standards of Nursing Conduct)
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, 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. Target population for geriatric preventative foot care services are the individuals age 60 and over
who:
1. Need one or more of the program services to avoid additional health problems or assist with
activities of daily living, thereby reducing the need for other services; AND
2. Are not eligible for or have exhausted other sources of payment for similar services (Medicare,
Medicaid, insurance) or similar services are not available.
As stated in the Geriatric Preventative Foot Care Program Standards, a copy of which has been
provided to the Contractor all persons served should considered vulnerable based on
the criteria listed below.
B. There will be written assessment procedures utilized by the Contractor to determine if clients meet
the program target population criteria.
C. To the degree feasible, Contractor shall ensure that preference is given to those individuals aged 60
and over who meet the vulnerability criteria listed below with further preference given to low-income,
limited English proficiency and minority individuals and to those with the greatest economic and social
need.
A person is considered vulnerable if s/he:
1. Is unable to perform one or more of the activities of daily living below without assistance due to
physical, cognitive, emotional, psychological or social impairment:
• Eating
• Toileting
• Personal hygiene & grooming
• Bathing
• Cooking
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• Dressing or undressing
• Housework
• Walking
• Managing medical treatments (prescribed exercises, change of dressing, injections,
etc.)
• Manage medications (what to take, when to take it, how to store it properly, etc.)
• Telephoning
• Transfer (getting in and out of bed/wheelchair)
• Transportation
• Managing money (budgeting, check writing, etc.)
• Preparing Meals
2. Has behavioral or mental health problems that could result in premature institutionalization, is
unable to perform activities on daily activities listed above, or is unable to provide for his/her
own health and safety primarily due to cognitive, behavioral, psychological, or emotional
conditions which inhibit decisions making and threaten the ability to remain independent.
3. Lacks an informal support system: The person has no family, friends, neighbors or others who
are willing and able to perform the services needed or whose informal support system needs to
be temporarily or permanently supplemented.
The Contractor must report on dients served in these categories.
D. The foot care RN shall complete annual continuing education in foot care or related subjects.
E. Clinics will be held monthly at each designated facility that 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. Contractor shall establish a system through which clients of services under this approved Agreement
may present grievances as outlined in the Basic Agreement, Section XXIV.
H. Services shall be provided throughout those areas of Yakima County that are not a part of the Yakama
Nation. Persons, who live within the boundaries of the Yakama Nation, will be the responsibility of the
Yakama Nation Area Agency on Aging.
IV. SERVICE SPECIFICATION
The Contractor agrees that services provided within the terms of this Agreement shall meet the following
specifications:
A. Efforts will be made to assure access of service to the target population, to include at least the
following:
1. Accessible office or site location;
2. Home visits or home delivery of services (if applicable);
3. Multicultural, bilingual persons to assist multicultural, bilingual clients in receiving services;
4. Publicity of program through public service announcements, brochures, etc.
5. Meeting with other service providers/agencies to explain services the Contractor provides
and how referral can be made;
6. Ability to serve individuals with disabilities.
B. Services shall be delivered in accordance with the State of Washington Aging and Disabilities 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.
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V. ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATE
The Contractor agrees that:
A. The levels of service to be provided shall be as described in the Payment Provisions: Section IV — Units
of Service of this Agreement. Failure to meet the service levels as defined in the Payment Provisions:
Section IV — Units of Service may result in a renegotiation of the funding levels provided under the
terms of this Agreement.
A. SE WA ALTC COG may unilaterally reduce the Agreement budget within thirty (30) days of the close
of a quarter by the amount of the projected quarterly expenditures left unspent at the end of that
quarter. SE WA ALTC COG 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.
VI. ADMINISTRATIVE AGREEMENTS
A. ACCESS BY DSHS: The Contractor shall provide access at all reasonable times for DSHS to monitor
and/or evaluate the provision of services under this Agreement in recognition of the responsibility of
DSHS of the effective statewide operation of this program. Nothing herein contained shall be
interpreted to imply a privy to a contract between DSHS and the Contractor or to diminish in any
manner the responsibility and authority of the Contractor in administering this Agreement.
B. ACCESS BY SE WA ALTC COG: The Contractor shall provide access at all reasonable times for SE WA
ALTC COG to monitor and/or evaluate the provisions of services under this Agreement. SE WA ALTC
COG may, with prior permission from the participant and knowledge of the Contractor, interview a
certain percentage of participants to ascertain their experience with the program.
C. RECORDS AND REPORTS: The Contractor agrees to:
1. Maintain program records and reports, including statistical information, and to make such
records available for inspection by SE WA ALTC COG in order for SE WA ALTC COG to be
assured that contracted activities remain consistent with the terms of this Agreement and
the currently approved SE WA ALTC COG Area Plan which shall be kept on file at the SE WA
ALTC COG Administrative office. The Contractor further agrees to provide such information
as requested by SE WA ALTC COG within the time limitations established by SE WA ALTC
COG;
2. Submit an agreed upon monthly service unit report (sign in sheets) by the tenth day of
each month. Contract payment requests will not be processed until service unit reporting is
complete. Contractor shall attach the report to the invoice submission to verify service
recording is complete.
a. The following information shall be collected. In the event that information cannot be
obtained, Contractor shall notify SE WA ALTC COG.
i. Full name including first, middle initial and last
ii. Street and mailing address (if different)
iii. Home telephone number including the area code
iv. Units of Service for Current Month
v. Gender
vi. Date of Birth
vii. Urban/rural
viii. Race and Ethnicity
ix. Primary language spoken
x. Household composition (lives alone)
xi. Yes or No — is household income at or below 100% Federal Poverty Level
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3. Submit the Quarterly financial report upon request to SE WA ALTC COG;
4. Complete and submit such additional reports as are required by SE WA ALTC COG within the
specified time frames, providing the Contractor is given a written request for the reports thirty
(30) days prior to the due date.
D. CONTRACTORS MEETING: The Contractor agrees to have a representative attend the SE WA ALTC
COG Annual Contractor's meeting and Long Term Care Planning Committee meetings.
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 SE WA ALTC COG as a funding agency;
2. All material distributed with regards to publicizing the program contain a statement assuring
non-discrimination. Following is the wording suggested:
The City of Yakima does not discriminate in providing services on the grounds of race,
creed, color, religion, national origin, gender, age, marital status, or the presence of any
sensory, mental, or physical disability.
3. Materials publicizing the program must be printed in other appropriate languages in counties
that have a specific minority 60+ population of three (3%) percent or more of the general
60+ population.
F. ADDITIONAL REMUNERATION PROHIBITED: Neither the Contractor nor any of its officers,
employees, agents or representatives, shall solicit, impose any fees, or accept any remuneration
whatsoever from clients, friends, relatives, or representatives of any clients for services performed
for that client under this Agreement other than the client matching monies or donations (see Section
I). In the event that this provision is violated, SE WA ALTC COG shall have the right to assert a claim
against the Contractor on its own behalf and/or on behalf of the client.
G. MAINTENANCE OF FUNDING SOURCES: The Contractor agrees that:
1. SE WA ALTC COG 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 SE WA ALTC
COG and it will make any changes necessary to meet the requirements of the new funding
sources.
H. FEES AND DONATIONS: The Contractor agrees that:
1. It will assure that older persons have the opportunity to contribute to all or part of the cost
of the service, but service will not be denied if participant cannot or does not wish to
contribute;
2. It shall utilize client donations to meet project expenses before using State or Federal funds;
2. It shall provide that the methods of receiving fees, donations and contributions from
individuals shall be handled in such a manner so as not to publicly differentiate among
individuals;
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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 SE WA ALTC
COG must equal or exceed the rate billed the state for the same service or the state must be
charged the lower rate.
I. 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 SE WA ALTC COG 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 SE WA ALTC COG staff and SE WA
ALTC COG Advisory Council. Monitoring may include assessing performance based on
information submitted in Request for Proposal (RFP). Prior notice of all such visits will be
provided;
4. Authorize and/or participate in any program or fiscal evaluations or studies conducted by SE
WA ALTC COG 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 dients utilizing the service. The Contractor shall take steps to correct
deficiencies found during the internal monitoring. Monitoring reports shall be made available
to SE WA ALTC COG upon request.
J. SECURITY OF DATA
1. The Contractor shall take reasonable precautions to secure against unauthorized physical
and electronic access to data, which shall be protected in a manner that prevents
unauthorized persons, including the general public, from retrieving data by means of
computer, remote terminal, or other means.
The Contractor shall take due care to protect said Data from unauthorized physical and
electronic access. The data will be stored on computers with security systems that require
individual user IDs and hardened passwords.
Only persons who have signed the Washington State Notice of Nondisclosure confidentiality
form covering this data share agreement will be able to access the data that SE WA ALTC
COG shares with the Contractor under this agreement.
2. The Contractor shall remove data received under this agreement from computer equipment
after it's been used for its stated purposes by using a "WIPE" utility for purging the Data from
electronic storage media, degaussing the media, or physically destroying the media in such a
way that Data cannot be recovered. Media includes, but is not limited to, the following:
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i. The Social Assistance Management System (SAMS), until it sunsets, and
successor system, Community Living Connections (CLC) for managing and
recording service provision and utilization, demographic, resource directory, and
consumer website information.
ii. The Washington Connection benefit portal for the purpose of helping citizens
complete an online application for federal, state and local benefits, services and
assistance.
c. The Contractor shall limit access to client data to the Contractor and any
subcontractor staff whose duties specifically require access to such data in the
performance of their assigned duties. Contractor or subcontractor staff shall not
access any individual client data for personal purposes.
Clients shall only be permitted to access their own data.
d. The Contractor shall ensure each employee signs the Contractor Agreement on
Nondisclosure of Confidential Information form provided by DSHS and SE WA ALTC
to acknowledge the data access requirements prior to DSHS granting access. Access
will be given only to data necessary to the performance of this Agreement. The
Contractor shall retain the original Nondisclosure form on file. The Contractor shall
have the form available for DSHS or SE WA ALTC review upon request.
The Contractor must provide an annual written reminder of the Nondisclosure
requirements to all employees with access to the data to remind them of the
limitations, use or publishing of data. The Contractor shall retain documentation of
such reminder on file for monitoring purposes.
e. The Contractor or its service provider may disclose information to each other or to
DSHS for purposes directly connected with the administration of their programs.
This includes, but is not limited to, determining eligibility, providing services, and
participation in an audit. The Contractor and its service providers shall disclose
information for research, statistical, monitoring and evaluation purposes conducted
by appropriate federal agencies and DSHS. DSHS must authorize in writing the
disclosure of this information to any other party not identified in this section.
f. The Contractors staff shall not link the data with personal data or individually
identifiable data from any other source nor re -disclose the data unless specifically
authorized in this Agreement or by the prior written consent of DSHS.
g.
The Contractor shall notify each system Administrator within five business days when
a User leaves employment or otherwise no longer requires system access. Upon
notification, the system Administrator will deactivate the User ID and terminate
access to the applicable application(s). The Contractor shall confirm the need for
continued access for each User of the ACD on a quarterly basis.
h. The Contractor shall ensure that only registered system Users access and use the
systems in this Agreement, use only their own User ID and password to access the
systems and do not allow employees who are not registered to borrow a User ID or
password to access any systems.
i. Access to systems may be continuously tracked and monitored. DSHS reserves the
right at any time to conduct audits of systems access and use, and to investigate
possible violations of this Agreement and/or violations of federal and state laws and
regulations goveming access to protected health information.
The Contractor shall access these systems through the State Government Network
(SGN), the Inter -Governmental Network (IGN), SecureAccess Washington (SAW),
or through a DSHS approved method of secure access.
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The Contractor agrees to follow the DSHS IT Security Policy Manual (Section
4.2.3.1, S1) that covers unique user IDs and security elements of constructing safe
passwords and protecting them from unauthorized disclosure.
B. DATA SECURITY REQUIREMENTS
1. Definitions. The words and phrases listed below, as used in this section, shall each have
the following definitions:
a. "Hardened Password" means a string of at least eight characters containing at
least one alphabetic character, at least one number and at least one special
character such as an asterisk, ampersand or exclamation point.
b. "Unique User ID" means a string of characters that identifies a specific user and
which, in conjunction with a password, passphrase or other mechanism,
authenticates a user to an information system.
2. Data Transport. When transporting DSHS Confidential Information electronically,
including via email, the Data will be protected by:
a. Transporting the Data with the (State Governmental Network) SGN or Contractors
internal network, or;
b. Encrypting any Data that will be in transit outside the SGN or Contractors internal
network. This includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following
media and protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the
Data will be restricted to Authorized User(s) by requiring logon to the local
workstation using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as
biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers
and made available through shared folders. Access to the Data will be restricted
to Authorized Users through the use of access control lists which will grant access
only after the Authorized User has authenticated to the network using a Unique
User ID and Hardened Password or other authentication mechanisms which
provide equal or greater security, such as biometrics or smart cards. Data on disks
mounted to such servers must be located in an area which is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data
is sufficient as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data as outlined
in this document, may be deferred until the disks are retired, replaced, or
otherwise taken out of the Secured Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data
provided by DSHS on optical discs which will be used in local workstation optical
disc drives and which will not be transported out of a Secure Area. When not in
use of the contracted purpose, such discs must be locked in a drawer, cabinet or
other container to which only Authorized Users have the key, combination or
mechanism required to access the contents of the container.
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a. Personal computer-based hard drives;
b. Floppy disks;
c. Magnetic tapes (reels or cartridges);
d. Compact Disks (CDs), including CDs from cameras;
e. DVDs;
f. Zip disks;
g. Portable RAM (Compact Flash, etc.);
h. Mainframe or mini mass storage (disk platters, arrays, etc.);
Storage Area Networks (SAN); and,
j. Network Attached Storage (NAS).
3. The Contractor shall ensure disks and/or documents generated in printed form from the
electronic file are properly returned, destroyed or shredded when no longer needed.
Unauthorized individuals cannot have access to client information. Data destroyed shall
include all copies of any data sets in possession after the data has been used for the
purpose specified herein or within 30 days of the date of termination, and certify such
destruction to SE WA ALTC COG. SE WA ALTC COG shall be responsible for destroying the
returned documents to ensure confidentiality is maintained. The Data provided by SE WA
ALTC COG will remain the property of SE WA ALTC COG and will be promptly destroyed
when The Contractor and its subcontractors have completed the work for which the
information was required, as fully described herein.
4. The Contractor shall protect information according to state and federal laws including the
following incorporated by reference:
a. Privacy Act 1974 5 USC subsection 552a;
b. Chapter 40.14 RCW Preservation and Destruction of Public Records;
c. Chapter 74.04 RCW General Provisions — Administration;
d. Chapter 42.56.230 RCW Certain Personal & Other Records Exempt
e. 45 CFR 205.50 provides for Safeguarding information for the Financial assistance
Programs and identifies limitations to disclosure of said information; and,
f. Public Law 99-508 (18 USC section 2510et. Seq. Electronic Communications
Privacy Act of 1986) Part A of Title IV of the Social Security Act authorizes
disclosure of client information and provides for safeguards, which restrict the use
or disclosure of information concerning applicants or recipients to purposes directly
connected with administration of the program.
A. SPECIAL TERMS AND CONDITIONS
1. Access and Disclosure information. The Contractor agrees to follow the DSHS IT
Security Policy Manual (Section 4.2.3.1, S1) that covers unique user IDs and security
elements of constructing safe passwords and protecting them from unauthorized
disclosure.
The Contractor shall not disclose the contents of any Client records, files, papers and
communications except as necessary for the administration of programs to provide services
to clients as required by law.
a. Clients shall only be permitted to access their own data.
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b. The Contractor shall not use or disclose any information concerning any DSHS
client for any purpose not directly connected with the administration of the
Contractors responsibilities under this Agreement except by prior written consent
of the DSHS client, his/her attorney, parent or guardian.
2. Dissemination to staff. Prior to making information available to new staff and annually
thereafter, the Contractor shall ensure that staff accessing the Personal Information or PHI
under this Agreement are trained in HIPPA use and disclosure of PHI requirements and
understand:
a. Confidentiality of Client Data.
i. Client data is confidential and is protected by various state and federal laws.
The basis for this protection is the individual's right to privacy as outlined in the
HIPPA Privacy Rule — 45 CFR 160 to 45 CFR 164.
ii. Personal Information means demographic and financial information about a
particular individual that is obtained through one or more sources (such as
name, address, SSN, and phone numbers). RCW 42.56.210 lists the
information that is exempted from public inspection and copying.
b. Use of Client Data.
i. Client data may be used only for purpose of these contracted services, directly
related to providing services to the client or for the operation of aging and
long-term care programs.
ii. Any personal use of client information is strictly prohibited.
Access to data must be limited to those staff whose duties specifically require
access to such data in the performance of their assigned duties.
c. Disclosure of Information.
i. Client information may be provided to the client, client's authorized guardian,
or a client authorized 3rd party per WAC 388-01, and the Long Term Care
Manual.
ii, Client information may be disclosed to other individuals or agencies only for
purposes of administering DSHS programs.
iii. Questions related to disclosure are to be directed to the Home and Community
Programs Public Disclosure Coordinator.
iv. Any Disclosure of information contrary to this section is unauthorized and is
subject to penalties identified in law.
3. The Contractor shall perform the services as set forth below and in accordance with Data
Security Requirements of DSHS and Southeast Washington Aging and Long Term Care:
a. Authority to Access Data. RCW 74.39A.090 mandates that DSHS contract with Area
Agencies on Aging (AAA's) to provide case management services to individuals
receiving Title XIX personal care services and to reassess and reauthorize these
individuals for Title XIX personal care services or other home and community services
as defined by this statute. In order to effectively administer these DSHS services, the
Contractor must have access to client data, and to certain DSHS information systems.
b. Systems Access and Method of Access. The Contractor may access or may request
permission to access the following:
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Workstations which access DSHS Data on optical discs must be located in an area
which is accessible only to authorized personnel, with access controlled through
use of a key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers.
Data provided by DSHS on optical discs will be attached to network servers and
which will not be transported out of a Secure Area. Access to Data on these discs
will be restricted to Authorized Users through the use of access control lists which
will grant access only after the Authorized User has authenticated to the network
using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards.
Data on discs attached to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records
in a Secured Area which is only accessible to authorized personnel. When not in
use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
f. Remote Access. Access to and use of the Data over the State Governmental
Network (SGN) will be controlled by DSHS staff who will issue authentication
credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users
on Contractor staff.
Contractor will notify DSHS staff immediately whenever an Authorized User in
possession of such credentials is terminated or otherwise leaves the employ of the
Contractor, and whenever an Authorized User's duties change such that the
Authorized User no longer requires access to perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by
the Contractor on portable devices or media unless specifically authorized
with the terms and conditions of the Contract.
If so authorized, the Data shall be given the following protections:
i. Encrypt the Data with a key length of at least 128 bits
ii. Control access to devices with a Unique User ID and Hardened Password
or stronger authentication method such as a physical token or biometrics.
iii. Manually lock devices whenever they are left unattended and set devices
to lock automatically after a period of inactivity, if this feature is available.
Maximum period of inactivity is 20 minutes.
(2) Physically Secure the portable device(s) and/or media by
i. Keeping them in locked storage when not in use
ii. Using check-in/check-out procedures when they are shared
iii. Taking frequent inventories
h. Data Stored for backup purposes.
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(1) DSHS data may be stored on portable media as part of a Contractors
existing, documented backup process for business continuity or disaster
recovery purposes. Such storage is authorized until such time as that media
would be reused during the course of normal backup operations. If backup
media is retired while DSHS Confidential Information still exists upon it, such
media will be destroyed at that time in accordance with this document and
DSHS IT Policy.
(2) DSHS Data may be stored on non-portable media (e.g. Storage Area
Network drives, virtual media, etc.) as part of a Contractors existing,
documented back up process for business continuity or disaster recovery
purpose. If so, such media will be protected as otherwise described in this
exhibit. If this media is retired while DSHS Confidential Information still
exists upon it, the data will be destroyed at the time in accordance with this
document and DSHS IT Policy.
C. DATA SEGREGATION
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data.
This is to ensure that when no longer needed by the Contractor, all DSHS Data
can be identified for return or destruction. It also aids in determining whether
DSHS Data has or may have been compromised in the event of a security breach.
As such, one or more of the following methods will be used for data segregation.
b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will
contain no non-DSHS data. And/or,
c. DSHS Data will be stored in a logical container on electronic media, such as a
partition or folder dedicated to DSHS Data. And/or,
d. DSHS Data will be stored in a database which will contain no non-DSHS data.
And/or,
e. DSHS Data will be stored in a database and will be distinguishable from non-DSHS
data by the value of a specific field or fields within database records.
f. When stored as physical paper documents, DSHS Data will be physically
segregated from non-DSHS data in a drawer, folder, or other container.
When it is not feasible or practical to segregate DSHS Data from non-DSHS data,
then both the DSHS Data and the non-DSHS data with which it is commingled
must be protected as described in this exhibit.
g.
Data Stored on:
Will be destroyed by:
Using a "wipe" utility which will overwrite the Data
at least three (3) times using either random or
single character data, or
Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Confidential
Information
Recycling through a contracted firm provided the
contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential
Information requiring special handling (e.g.
health information)
On-site shredding, pulping, or incineration
_protected
Incineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Degaussing, incineration or crosscut shredding
12
ALTCCOG 2018-21
Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS
shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of
discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS
Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take action to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
K. EMERGENCY PREPAREDNESS
Contractor will develop an emergency plan that includes the administrative office, local offices and
clients that defines what procedures should be followed when a disaster occurs.
The plan will outline what process is to be followed to provide the necessary services for a client
when normal services may be disrupted. The plan must include a list of those who are at most risk
and updated frequently. This plan must be submitted to SE WA ALTC COG for review.
The plan should include the following:
1. Contractor must designate a staff person to oversee planning tasks and determine
how emergency management is carried out in the focal jurisdiction(s);
2. Contractor must communicate and establish working relationships with local
emergency operations leadership such as county emergency management, fire
department, law enforcement, etc.;
3. Participate in plan development, drills, exercises and other preparedness activities.
Request of local emergency operations leadership to notify your agency to be
included in ongoing exercises and other preparedness activities;
4. Identify other partners such as the American Red Cross, Salvation Army who are
active in disaster situations
5. Contractor must have a plan for serving currently authorized clients during periods
when normal services may be disrupted. This may include earthquakes, floods,
snowstorms, etc. Reasonable efforts to contact all clients beginning with those
who have been determined to be most at risk must be made.
6. Through the duration of the disaster the Contractor shall continue to contact clients
at least weekly who have declined services to offer services and identify significant
changes in condition.
Once the emergency policy has been developed, SE WA ALTC COG should be provided a copy for
review and approval.
L. MANDATED REPORTING:
AU employees of the contractor are mandatory reporters of abuse and neglect of vulnerable adults
and children as required under RCW 74.34.035 and RCW 26.44.030. The contractor must
immediately report all suspected incidents to the appropriate protective services and shall not
impede or interfere with any DSHS or law enforcement investigation. Employees shall not be
discouraged from reporting suspected incidents by any other contractor or employee. Suspected
incidents that must be reported are defined in RCW 26.44.020 and 74.34.035 and include:
1. Physical abuse
2. Sexual abuse
3. Mental/emotional abuse
4. Neglect by others
5. Self-neglect
6. Exploitation including financial
7. Abandonment
13
.4LTCCOG 2018-21
M. CRIMINAL HISTORY/BACKGROUND CHECKS
The Contractor agrees to undergo a criminal history background check conducted by SE WA ALTC
COG every two years, and as required by RCW 43.20A.710. RCW 43.43.830 through 43.43.842,
and WAC 388-06.
If the Contractor has employees or volunteers who will have unsupervised access to Clients in the
course of performing the work under this Contract, the Contractor must conduct and maintain
documentation of criminal history background checks being completed every two years on those
employees or volunteers.
PAYMENT PROVISIONS
I CONSIDERATION
Payment shall be based on daims for reimbursement as reported on the SE WA ALTC COG invoice and support
documentation and shall be contingent upon the receipt of all required financial and program reports by the
respectively assigned due dates.
SE WA ALTC COG shall not be held responsible for any financial loss suffered by the Contractor as a result of
performance of services as outlined in this Agreement in the mutually agreed budget, service delivery
standards, units of service and payment standards.
II GENERAL PAYMENTS CONDITIONS
The Contractor agrees to the following standards in satisfactorily performing the terms and conditions of this
Agreement:
A. No payment shall be made for any contracted activity rendered by the Contractor which is not
identified within the terms and conditions of this Agreement and set forth within a category of the
budget.
B. Upon request, the Contractor shall submit to SE WA ALTC COG 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.
C. Payments shall be based on SE WA ALTC COG's receipt of all fiscal and programmatic reports required
by this Agreement to substantiate claims for reimbursement. SE WA ALTC COG expressly reserves
the right to withhold payment in whole or in part when:
1. The Contractor fails to submit all required documentation, or
2. In SE WA ALTC COG'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.
D. Program Income - Gross income received by the contractor and/or subcontractors directly generated
by state funds, 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 state funds, federal
funds, contributions/donations from clients, honorariums, consultant fees, training fees, and the
14
ALTCCOG 2018-21
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, 45 CFR, Part 74. Costs borne by the program income must be used to
satisfy cost sharing or matching requirements.
SE WA ALTC COG 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 SE WA ALTC COG.
B. SE WA ALTC COG agrees to make payment for contracted activities provided as approved by SE
WA ALTC COG with warrants within thirty (30) working days. This is contingent upon the
availability of funds and receipt of the Contractor's claims for reimbursement by SE WA ALTC COG
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 SE
WA ALTC COG.
C. End of year invoices will be accepted until February 28th following the contract period
unless otherwise noted in the contract. Any invoices received after February 28th will
not be processed for payment.
IV. UNITS OF SERVICE
A. Definition: A unit of Geriatric Preventative Foot Care service shall consist of one (1) foot care treatment.
B. Minimum Anticipated Service Level by Contract:
Location
Units
Upper Valley
855
C. Anticipated Expenditure Rate by Contract:
Service Location
Amount
Base Payment
$3,036
Upper Valley
$16,240
Total
$19,276
V. PAYMENT CONSIDERATIONS
As consideration for services, as described in the Specific Provisions of this Agreement, SE WA ALTC COG agrees
to pay the Contractor a sum not to exceed $19,276 from available funds. This total sum shall be available
during the period January 1, 2018 through December 31, 2018. 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
a monthly payment of $253 and the unit rate of $19.00, less client donations. Client donations must be
spent first before SE WA ALTC COG funds.
15
ALTCCOG 2018-33
AGREEMENT NO. MOD. NO. FUNDING SOURCE . AGREEMENT PERIOD
- 2018 CITY OF YAKIMA 01- Title III B, 1/01/18 = 12/31/18
(FOOTCARE) • : &,SCSA
THIS AGREEMENT MODIFICATION to Performance Agreement No. 2018 COY (FOOTCARE), ALTC
Agreement No. ALTCCOG 2018-21, is entered into by and between Southeast Washington Aging and
Long Term Care Council of Governments, whose address is PO Box 8349, Yakima, Washington 98908,
and The City of Yakima, whose address is 129 North Second Street, Yakima, Washington, 98901.
This Modification shall consist of those points enumerated below and in no way alters any other terms or
conditions of the original Agreement not specifically mentioned in this Agreement Modification. The parties
agree that this contract modification becomes effective at the time of execution by the Southeast
Washington Aging and Long Term Care Council of Governments Director and/or Governing Board.
The parties agree that the original contract terms are amended as follows:
1. Increase the total maximum contract amount from $19,276 to $27,276;
2. Revise STANDARD TERMS AND PAYMENT PROVISIONS. SPECIFIC PROVISIONS. PAYMENT
PROVISIONS. Section IV UNITS OF SERVICE; Item B. Minimum Anticipated Service Level by Contract;
Item C. Anticipated Expenditure Rate by Contract.
3. Revise STANDARD TERMS AND PAYMENT PROVISIONS. SPECIFIC PROVISIONS. PAYMENT
PROVISIONS. Section V PAYMENT CONSIDERATION.
Contractor Signatures
Cliff • . re, City Manager
City of Yakima
Date: 4/.21-(//V
.21(//d
CITY CONTRACT NO.
RESOLUTION NO' P) ! L?
e�10/ % -4/1,5' fkRoe(1
Lori J. Brov,rj , Director
SE Washington Aging and Long Term Care
Council of Governments (�
Date: I 0. i21r)
1
ALTCCOG 2018-33
MODIFICATION NO. 01
2018 FOOTCARE
CITY OF YAKIMA
STANDARD TERMS AND PAYMENT PROVISIONS
SPECIFIC PROVISIONS
PAYMENT PROVISIONS
IV. UNITS OF SERVICE
B. Minimum Anticipated Service Level by Contract:
Original Contract
Modification No 01
Upper Valley
855
1,276
C. Anticipated Expenditure Rate by Contract:
V. PAYMENT CONSIDERATION
As consideration for services, as described in the Specific Provisions of this Agreement, SE WA ALTC COG
agrees to pay the Contractor a sum not to exceed $27,276from available funds. This total sum shall be
available during the period January 1, 2017 through December 31, 2017. These funds shall be used to
provide Geriatric Preventive Foot Care services of which up to $200 may be used to purchase equipment
and supplies. Payment to the Contractor for this unit rate price Agreement shall be based on a monthly
payment of $253 and the unit rate of $19.00 in the Upper Valley. Client donations must be spent
first before SE WA ALTC COG funds.
2
Original Contract
Modification No 01
Base Payment
$ 3,036
$3,036
Upper Valley
$ 16,240
$24,240
Total
$ 19,276
$27,276
V. PAYMENT CONSIDERATION
As consideration for services, as described in the Specific Provisions of this Agreement, SE WA ALTC COG
agrees to pay the Contractor a sum not to exceed $27,276from available funds. This total sum shall be
available during the period January 1, 2017 through December 31, 2017. These funds shall be used to
provide Geriatric Preventive Foot Care services of which up to $200 may be used to purchase equipment
and supplies. Payment to the Contractor for this unit rate price Agreement shall be based on a monthly
payment of $253 and the unit rate of $19.00 in the Upper Valley. Client donations must be spent
first before SE WA ALTC COG funds.
2
ALTCCOG 2018-33
(2018 COY FOOTCARE, Mod No 01)
IN THE MATTER OF AGREEMENT NO.: ALTCCOG 2018-33; Agreement No.: 2018 CITY OF YAKIMA (FOOTCARE):
BE IT HEREBY RESOLVED and APPROVED by the Governing Board of Southeast Washington Aging and Long
Term Care Council of Governments at a regular meeting duly called this 5th day of April, 2018.
l -v
(21A., A
Robert Johnson, Cffair, Garfield County Commissioner
i_ ' v
Merle Jackson, V e -Chair, Columbia County Commissioner
Chris Seubert, Member, Asotin County Commissioner
Obie O'Brien, Member, Kittitas County Commissioner
Excused
Jim Duncan, Member, Walla Walla County Commissioner
Ron Anderson, Member, Yakima County Commissioner
Attest:
Approved As To Legal Form:
Daniel Clark, WS:A #35901
Yakima County Senior Deputy
Prosecuting Attorney
Civil Legal Counsel for SE WA ALTC COG
COG Approval/Signature Page 2018 Contract