HomeMy WebLinkAboutR-2012-071 Geriatric Foot Care Agreement Modification No. 1; Yakima County; ALTC RESOLUTION NO. R- 2012 -71
A RESOLUTION authorizing and directing the City Manager to execute Modification No. 1 to the
2012 City of Yakima Foot Care Agreement with Yakima County, through the
Southeast Washington Office of Aging and Long Term Care (ALTC) including
Basic Agreement No. 2012COY for the delivery of Geriatric Preventative Foot
Care Services Program at the Harman Center
WHEREAS, the City of Yakima desires that foot 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 Modification #1 to the 2012 City of Yakima Foot Care Agreement with
Yakima County, through the Office of Aging and Long Term Care, for the delivery of Geriatric
Preventative Foot Care Services for the purpose of obtaining funding for foot care services for
senior citizens, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Modification No. 1 to the 2012 City of Yakima Foot Care Agreement with Yakima
County, through the Southeast Washington Office of Aging and Long Term Care (ALTC) including
Basic Agreement No 2012COY for the delivery of Geriatric Preventative Foot Care Services
Program at the Harman Center. The final agreement shall be approved as to form by the City
Attorney.
ADOPTED BY THE CITY COUNCIL this 5 day of June 2012
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Micah Cawley, Mayor
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AGREEMENT NO. MOD. NO. FUNDING SOURCE AGREEMENT PERIOD
2012 City of Yakima TITLE III -B, Title III -D
Foot Care 01 & SCSA 1/01/12- 12/31/12
THIS AGREEMENT MODIFICATION to Agreement No. 2012 City of Yakima Foot Care is
entered into this (Q day of .,/�� , 2012. This Modification shall consist of
those points enumerated below an no way alters any other terms or conditions of the original
P Y Y
Agreement not specifically mentioned in this Agreement Modification. The purpose of this
modification is to amend as follows:
1) Increase the contract from $21,000 to $42,000. The funding sources are: Title
III -B (CFDA #93.044) $25,600, Title III -D (CFDA #93.043) $10,000 and Senior
Citizens Services Act (state) $6,400;
2) Revise the PAYMENT PROVISIONS Section IV. UNITS OF SERVICE, Part B., Part C.
Anticipated Service Level by Quarter and Part D. Anticipated Expenditure Rate by
Quarter;
3) Revise Section V. PAYMENT CONSIDERATIONS;
Contractor Signatures
Michael A. Morales, City Manager Lori own, irector -
City of Yakima SE Washington ging and Long Term Care
Date: O a Date: 5 //5
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City Clerk _;_°+ .`
City Contract No. 9OCi ' (01 ` ,�� w"is�\o.4
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Resolution o. a- , I -
Date: W (Q, L ��
Contract Authorization
Agreement No:
2012 City of Yakima Foot Care,
Mod No 01
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co �F ` = Board of Yakima County Commissioners
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J. Elliott, Chairman
Attest. Tiera . irard,
Clerk of the Bo. d
ichae D. Leita, Commissioner
Mandy Burkett BOCC351 -2012
Deputy Clerk of the Board May 15, 2012 /
Approved As To Form:
. •, chey, Commissioner
pg .ns itutinf the Board of County Commissioners
for . a County, Washington
Deputy Prosecuting Attorney
114(211- ?S I
2
2012 AGREEMENT MODIFICATION #1
FOOT CARE
STATEMENT OF WORK
CITY OF YAKIMA
V. UNITS OF SERVICE
C. Anticipated Service Level by Quarter:
Original Modified
Upper Lower Upper Lower
Month Valley Valley Total Valley Valley Total
January - March 689 102 791 689 102 791
April - June 689 102 791 689 102 791
July - September 0 0 0 685 102 787
October - December 0 0 0 685 102 787
Total 1,378 204 1,582 2,748 408 3,156
Anticipated Service Levels include 853 additional units for the Upper Valley and 122
additional units for the Lower Valley funded by donations and other program income.
D. Anticipated Expenditure Rate by Quarter:
Original Modified
Upper Lower Upper Lower
Month Valley Valley Total Valley Valley Total
January - March $9,000 $1,500 $10,500 $9,000 $1,500 $10,500
April - June $9,000 $1,500 $10,500 $9,000 $1,500 $10,500
July - September $0 $0 $0 $9,000 $1,500 $10,500
October - December �0 �0 10 $9,000 $1,500 $10,500
Total $18,000 $3,000 $21,000 $36,000 $6,000 $42,000
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 $42,000 from available funds. This total sum shall be
available during the period January 1, 2012 through December 31, 2012. These funds shall
be used to provide Geriatric Preventive Foot Care services. Payment to the Contractor shall
be based on the unit rate of $19.00 in the Upper Valley and $21.00 per unit in the Lower
Valley, less client donations. Client donations must be spent first before ALTC funds.
3
BASIC AGREEMENT No. 2012COY
between
YAKIMA COUNTY ALTC
and
CITY OF YAKIMA
Table of Contents
I PURPOSE 1
II AUTHORITY OF THE DIRECTOR 1
III EXTENT OF AGREEMENT 1
IV PERIOD OF AGREEMENT 1
V COMPLIANCE WITH LAWS 1
VI ORDER OF PRECEDENCE 1
VII RELATIONSHIP OF THE PARTIES 2
VIII DEFINITIONS 2
IX SAFEGUARDING OF INFORMATION 2
X TREATMENT OF ASSETS 3
XI LICENSING AND PROGRAM STANDARDS 4
XII STANDARDS FOR FISCAL ACCOUNTABILITY 4
XIII INSPECTION 5
XIV HOLD HARMLESS 5
XV AUDIT REQUIREMENTS 5
XVI INSURANCE AND BONDING 7
XVII NONDISCRIMINATION 7
XVIII INCIDENT REPORTING 9
XIX ASSIGNMENT AND SUBCONTRACTING 9
XX SEVERABILITY 9
XXI MODIFICATION 9
XXII SUSPENSION, TERMINATION AND CLOSE -OUT 9
XXIII INDIVIDUAL RIGHTS AND HIPAA 10
XXIV GRIEVANCE PROCEDURES 11
XXV DEBARMENT AND EXCLUSION 11
XXVI CONFLICT OF INTEREST 11
XXVII CONVENANT AGAINST CONTINGENT FEES 11
XXVIII LOBBYING 12
XXIX PROHIBITION OF POLITICAL ACTIVITES 12
XXX DISPUTES 12
XXXI DRUG -FREE WORKPLACE 12
XXXII REIMBURSEMENT LIMITS 13
VIII VENUE 13
XXXIV CONDITION PRECEDENT 13
CONTRACTOR SIGNATURES 13
CONTRACT AUTHORIZATION 14
THIS BASIC AGREEMENT is entered into by and between YAKIMA COUNTY -
SOUTHEAST WASHINGTON AGING AND LONG TERM CARE, hereinafter called "The
County," whose address is P.O. Box 8349 Yakima, Washington 98908, and CITY OF
YAKIMA, hereinafter called "the Contractor" whose address is 129 North Second Street,
Yakima, Washington, 98901.
I PURPOSE
The purpose of this document is to establish a Basic Agreement containing General Terms that
shall be incorporated by reference into any Contract executed between Southeast Washington
Aging and Long Term Care and the Contractor.
II AUTHORITY OF THE DIRECTOR OF SOUTHEAST WASHINGTON AGING
AND LONG TERM CARE
The County hereby appoints and the Contractor hereby accepts the Director of Southeast
Washington Aging and Long Term Care or a designee, as the County's representative for the
purpose of administering the provisions of this Basic Agreement and subsequent Contracts,
including the County's right to inspect facilities and records, to receive and act on reports and
documents, to request and receive additional information from the Contractor, to approve budget
revisions and payment changes, to approve fee schedules for services, to assess the general
performance of the Contractor, to determine if contracted services are being delivered in
accordance with Federal, State, and local laws and regulations, to approve subcontracts, and to
suspend this Basic Agreement or any Contract. All actions taken by the Director shall be subject
to approval by the County. The County reserves the right to terminate this Basic Agreement or
any Contract and to commence civil action for its enforcement.
III EXTENT OF AGREEMENT
The Basic Agreement and Contract(s) contain all the terms agreed upon by the parties. No other
understandings, written or oral, regarding the subject matter of this Basic Agreement or any
Contract shall bind the parties.
IV PERIOD OF AGREEMENT
The terms of this Basic Agreement shall commence upon the date of execution and shall remain
in full force and effect until specifically modified or terminated by mutual assent of the parties
regardless of the modification or termination in whole or in part of any Contract. This Basic
Agreement supersedes any prior Basic Agreement executed between Yakima County- Southeast
Washington Aging and Long Term Care and the Contractor.
V COMPLIANCE WITH LAWS
The Contractor, in performance of this Basic Agreement and any Contract, shall comply with all
applicable Federal, State, and local laws and regulations including HIPAA.
VI ORDER OF PRECEDENCE
Unless otherwise provided in a Contract, any inconsistency in the Basic Agreement or a Contract
shall be resolved by giving precedence in the following order:
A. Applicable Federal and State laws and Regulations;
B. The terms and conditions of a Contract;
C. The terms and conditions of the Basic Agreement;
D. Any other provisions incorporated in writing into the Basic Agreement or Contract.
Page 1 of 14 Basic Agreement No.2012COY
VII RELATIONSHIP OF THE PARTIES
The parties agree that the Contractor is an independent contractor and not an agent or employee
of the County. Agents, employees, or representatives of the Contractor shall 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.
VIII DEFINITIONS
Terms used throughout this Basic Agreement shall have meanings as defined in the Washington
Administrative Code (WAC). Additionally, the following words shall have the meanings as
indicated:
Aging and Long Term Care — Southeast Washington Aging and Long Term Care.
Basic Agreement - This Agreement, which identifies the Contractor and the general terms that
apply when and if the County and the Contractor execute a Contract. The terms of the Basic
Agreement are applicable to a Contract.
Client - An individual applying for or receiving goods, services or benefits under a Contract. The
terms Consumer, Customer, and Participant are synonymous.
Contract - A document consisting of terms specific to contracted services, including Specific
Provisions, Payment Provisions, and a Budget.
Contracted Services - Those services to be provided by the Contractor under the terms of a
Contract.
Contractor - The individual or entity entering into this Basic Agreement with the County. If a
Contract is subsequently executed, the Contractor will deliver contracted services. Contractor
includes authorized representatives and subcontractors retained to deliver contracted services.
The term Business Associate is synonymous.
Director - The Director of the Southeast Washington Aging and Long Term Care or designee.
HIPAA — Health Insurance Portability and Accountability Act of 1996, 45 CFR 160, 164,
privacy and security standards for Private Health Information.
PHI — Private Health Information means individually identifiable information relating to the past,
present or future physical or mental health or condition of an individual, provision of health care
to an individual, or the past, present or future payment for health care provided to an individual.
Subcontract - An agreement between the Contractor and a subcontractor, or between a
subcontractor and another subcontractor, for the delivery of contracted services. The term
subcontract does not include the purchase of supplies or support services that do not directly
affect the client's health or welfare. The term subcontract means subcontract in any tier.
Subcontractor - An individual or other entity delivering contracted services under a separate
agreement with the Contractor or another subcontractor. The individual or entity is bound by the
same HIPAA restrictions and conditions as the county and contractor: The term "subcontractor"
means subcontractor in any tier.
IX SAFEGUARDING OF INFORMATION
The use or disclosure by the Contractor of confidential information and PHI concerning a client is
prohibited without the written consent/authorization 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:
•
Page 2 of 14 Basic Agreement No.2012COY
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 this Basic Agreement or any Contract. 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.
C. The Director and the Contractor may disclose PHI to each other for data aggregation
services, treatment, payment or health care operations.
D. The contractor agrees to develop and use appropriate procedural, physical, and electronic
safeguards to prevent misuse of PHI. The contractor must limit any use or disclosure to the
minimum amount necessary to accomplish the intended purpose.
X 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 $5,000.00 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.
Depai tment 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 secunty agreements and other documents as shall be
necessary for the County, State, or Federal Government to protect their respective interests
Page 3 of 14 Basic Agreement No.2012COY
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 that
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
expected.
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 this Basic 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.
XI LICENSING AND PROGRAM STANDARDS
The Contractor shall comply with all applicable Federal, State, and local laws and regulations for
licensing, certification and operation of facilities and programs, and accreditation and licensing of
individuals, and other standards or criteria as described in this Basic Agreement or any Contract
to assure quality of services.
XII STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor's fiscal management system shall:
1. Provide accurate, current, and complete disclosure of the financial status of each
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 that 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
according to the federal or state program guidelines. Fiscal records must be retained
until all audits are resolved.
Page 4 of 14 Basic Agreement No.2012COY
XIII INSPECTION
A. The Contractor shall give access to its facilities and records to any authorized officer,
employee or agent of the County, the State of Washington or the Federal Government at all
reasonable times. Authonzed persons shall have the right to examine the Contractor's
performance, financial records, and HIPAA documentation and perform other activities to
determine the Contractor's compliance with the terms of this Basic Agreement, any
Contract, and HIPAA. 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 and HIPAA practices, as completed or to be completed, if the contracted services
fail to conform to the standards and specifications set forth in the Contract.
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.
XIV HOLD HARMLESS
A. Indemnification, Defense, and Hold Harmless: To the fullest extent permitted by law
including RCW 4.24.115, the Contractor shall indemnify, defend, and save harmless the
County and its officers, employees, agents, and volunteers from all claims, suits, or actions
brought for injuries to, or death of, any persons, or damages arising from or relating to the
Contractor's performance of this Agreement or in consequence of any negligence or breach
of contract related to the Contractor's performance of this Agreement caused in whole or in
part by any act or omission by the Contractor or the agents or employees of the Contractor
related to performance of this Agreement.
B. Contractor's Waiver of Employer's Immunity under Title 51 RCW: Contractor intends
that its obligations to indemnify, defend, and hold harmless set forth above in section 15
shall operate with full effect regardless of any provision to the contrary in Title 51 RCW,
Washington's Industrial Insurance Act. Accordingly, the Contractor specifically assumes
all potential liability for actions brought by employees of the Contractor against the County
and its officers, employees, agents, and volunteers, and, solely for the purpose of enforcing
the Contractor's obligations to indemnify, defend, and hold harmless set forth above in
section 15, the Contractor specifically waives any immunity granted under the state
industrial insurance law, Title 51 RCW. The parties have mutually negotiated this waiver.
The Contractor shall similarly require that any subcontractor it retains in connection with
its performance of this Agreement shall comply with the terms of this paragraph, waive any
immunity granted under Title 51 RCW, and assume all liability for actions brought by
employees of the subcontractor.
XV 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 matenal effect upon the financial statements;
Page 5 of 14 Basic Agreement No.2012COY
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 goods or services that are required for
the conduct of a Federal 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
subsidies, insurance, food commodities, direct appropriations, and other assistance. 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) $500,000 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 (from
all sources) less than $500,000 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 Federal Agency, pass - through entity and the General Accounting Office
(GAO).
Page 6 of 14 Basic Agreement No.2012COY
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 Contract 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 ensure that the audit report, with management letter, is submitted to
the Director within nine months after the end of the audit period but no later than 30 -days
after its receipt.
XVI INSURANCE AND BONDING
A. The County certifies that it is insured as a member of the Washington Counties Risk Pool,
and is otherwise self - insured, and can pay for losses for which it is found liable.
B. The Contractor shall, maintain occurrence based comprehensive general liability insurance
and automobile liability insurance with minimum limits of $1,000,000 per occurrence and
$2,000,000 aggregate, as well as Workers Compensation Contingent Employers Liability
with minimum limits of $1,000,000 each accident or disease for each employee. Such
insurance shall provide that Yakima County, its officers, employees, agents and volunteers
are Primary Additional Insured's under such insurance. The coverage provided under such
insurance for such Primary Additional Insured's shall be primary and not contributory to
any other coverage that may be available to such Primary Additional Insured's. Prior to
commencement of any work under this Agreement, the Contractor shall, provide proof of
such insurance including all Certificates of Insurance and endorsements pertaining to such
insurance, and if requested, any policy pertaining to insurance required under this
Agreement.
C. The Contractor agrees to maintain, without interruption during the term of a Contract, a
Fidelity Bond in a minimum amount of $50,000, unless specified otherwise in the contract,
which covers all individuals responsible for the administration of funds provided within the
terms of a Contract. Certification of bonding shall be submitted to the Director within
thirty days after execution of a Contract.
D. The Contractor shall notify the Director immediately if either insurance or bonding
coverage is terminated during the term of a Contract or is reduced below contractual
requirements.
XVII 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 agrees that it shall not discriminate against any person on the grounds of
race, creed, color, religion, national origin, sex, sexual orientation, age, marital status,
political affiliation or belief, or the presence of any sensory, mental or physical handicap in
violation of the Washington State Law Against Discrimination (RCW Chapter 49.60) or the
Americans with Disabilities Act (42 USC 12101 et seq). In the event the Contractor
Page 7 of 14 Basic Agreement No.2012COY
violates this provision, ALTC may terminate this Agreement immediately and bar the
Contractor from performing any services for ALTC in the future. The Contractor shall not:
1. Deny an individual contracted services or benefits;
2. Provide contracted services or benefits to an individual that 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 that is different from that afforded others.
C. The Contractor shall not use cnteria or methods of administration that have the effect of
subjecting individuals to discrimination because of race, creed, color, religion, national
origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the
presence of any sensory, mental or physical handicap or have the effect of defeating or
substantially impairing the delivery of contracted services to the class of individuals
mentioned above 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;
In accordance of the Washington State Law Against Discrimination (RCW Chapter
49.60) or the Americans with Disabilities Act (42 USC 12101 et seq). In the event
the Contractor violates this provision, ALTC may terminate this Agreement
immediately and bar the Contractor from performing any services for ALTC in the
future.
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 that 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 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.
Page 8 of 14 Basic Agreement No.2012COY
F. The Contractor shall require subcontractors to fully comply with the provisions of this
section, Including sanctions for noncompliance.
XVIII 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 that occurs or arises
under this Basic Agreement or any Contract, and that 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.
E. Any unauthorized uses /disclosures of which it becomes aware, and shall take all reasonable
steps to mitigate the potentially harmful effects of such breach.
XIX 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 pnor to the start of the
subcontract. All contracted services that are not delivered directly by the Contractor must be
delivered according to the terms of this Basic Agreement and the Contract.
XX SEVERABILITY
If any provision of this Basic Agreement shall be held invalid, the invalidity shall not affect the
other provisions of the Agreement. To that end, the provisions of this Basic Agreement are
severable.
XXI MODIFICATION
No modification or waiver of any clause or condition of this Basic Agreement is binding upon
either party unless such modification or waiver is in writing and executed by both parties.
XXII SUSPENSION, TERMINATION AND CLOSEOUT
If the Contractor fails to comply with the terms of this Basic Agreement, any Contract or HIPAA,
the Director may pursue such remedies as are legally available including the suspension or
termination of this Basic Agreement or the Contract 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 this Basic Agreement or any Contract, the Director may suspend this
Basic Agreement or the Contract 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 this Basic Agreement except:
Page 9 of 14 Basic Agreement No.2012COY
1. Reasonable, proper, and otherwise allowable costs that the Contractor could not
avoid during the period of suspension; and
2. Discretionary costs that 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 - The Director may, by written notice, terminate this Basic
Agreement or any Contract in whole or in part for substantial breach by the Contractor of
duties under this Basic Agreement, any Contract or HIPAA. In such an event, the
Contractor shall be liable for reasonable damages, including the reasonable cost of
procuring similar services actually procured by the Director to fully execute the
Contractor's duties under this Basic Agreement and the Contract(s).
C. Termination for Other Grounds - This Basic Agreement or any Contract may be
terminated 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. Closeout - 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
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 and claims
for payment within thirty days after the end of the contract unless a different period is
set by the County.
5. At the option of the Director, the contractor shall return or destroy all PHI created or
received from or on behalf of the county and provide appropriate documentation
evidencing procedure. The contractor agrees that it will not retain any copies of PHI
except as required by law. If return or destruction of all PHI, and all copies of PHI, is
not feasible, contractor agrees to extend the protections of this Contract to such
information for as long as it is maintained.
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.
XXIII INDIVIDUAL RIGHTS AND HIPAA
The contractor shall make all PHI and related information in its possession available:
Page 10 of 14 Basic Agreement No.2012COY
A. To the individual or his/her personal representative or to the county, for inspection and
copying.
B. To the individual or his/her personal representative or to the county to fulfill any obligation
to account for disclosures of PHI.
C. To the county to fulfill any obligation to amend PHI and related information and shall
incorporate any amendments or related statements into the information the contractor holds
and notify any subcontractors or agents of amendments.
XXIV 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.
XXV 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.
XXVI 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.
XXVII 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
Page 11 of 14 Basic Agreement No.2012COY
B. Deduct, or similarly recover from the consideration of the Contract, the amount of the
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contingent fee.
XXVIII 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.
B. State requirements (RCW 42.17.020 (27); RCW 42.17.190; RCW 34.05):
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. 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 appropnate channels.
XXIX 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.
XXX 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 Southeast Washington Aging and
Long Term Care's Dispute Resolution Procedures.
XXXI DRUG -FREE WORKPLACE
A. The Contractor shall and does certify it provides a drug -free workplace in compliance with
the Drug -Free Workplace Act (Public Law 100 -690 Title V, Subtitle D). The Certification
will be signed and submitted to the Director before the execution of this Basic Agreement.
B. The Contractor shall publish a statement notifying employees of prohibitions against use,
manufacture, distribution or possession of controlled substances in the workplace and
specific actions that will be taken in the event of non - compliance. Employees shall be
notified that, as a condition of employment, they must abide by the terms of the statement
and notify the employer in writing of any conviction for a criminal drug statute occurring in
the workplace within five calendar days after such conviction. This statement shall at a
minimum be distributed to all employees engaged in the delivery of contracted services.
Page 12 of 14 Basic Agreement No.2012COY
C. The Contractor shall establish an on -going drug -free awareness program to inform
employees about:
1. The dangers of drug abuse in the workplace;
2. The contractor's policy of maintaining a drug -free workplace;
3. The availability of drug counseling, rehabilitation, and employee assistance
programs; and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
XXXII REIMBURSEMENT LIMITS
The sum of payments to the Contractor for a contracted service shall not exceed the contracted
unit rate or the contracted amount 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.
XXXIII VENUE
This Basic Agreement and all Contracts shall be governed by the laws of the State of
Washington. Any action, suit, or judicial proceeding for the enforcement of this Basic
Agreement or any Contract shall be brought in the Superior Court for the State of Washington in
Yakima County, Washington.
XXXIV CONDITION PRECEDENT
This Basic Agreement shall not be binding upon the County until signature on behalf of the
County is authorized by Resolution of the Board of Yakima County Commissioners.
Contract Signatures
YAKIMA COUNTY CONTRACTOR
SOUTHEAST WASHINGTON OFFICE OF CITY OF YAKIMA
AGING & LONG TERM CARE
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Lori Brown, Dir or Michael Morales, City Manager
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Date Date
Page 13 of 14 Basic Agreement No.2012COY
Contract Authorization .
. oNlc, o 9F YAK/ 1 BOARD OF YAKIMA COUNTY COMMISSIONERS
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J. R d Elliott, Chairman
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Atte'.: Tier. Girard /!_�� --
Clerk of th::. rd �!l�_+�`
Mic a- R. elta, Commissioner
Mandy Burkett BOCC352 -2012
Deputy Clerk of the Board May 15, 2012
Approved as to Form: .-
K- i :.. ! ey Commissioner
s41A,,,_...p 5).4 ituting . he Board of County Commissioners
for ' akim- County, Washington
Deputy Prosecuting Attorney ,
r)SP5 $- .90)
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Page 14 of 14 Basic Agreement No.2012COY
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Signature of this form provides for compliance with certification requirements under the "New Restrictions on Lobbying,"
"Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free
Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance was placed
when this basic agreement was entered into.
1. LOBBYING
As required by Section 1352, Title 31, of the U.S. Code for persons entering into a grant or cooperative agreement (including
subawards) over $100,000, the contractor certifies that:
A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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;
B) If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
C) The undersigned shall require that the language of this certification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
As required by the certification requirements under the regulations implementing Executive Order 12549, Debarment and
Suspension, the contractor certifies that it and its principals:
A) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in covered transactions by any Federal department or agency;
B) Have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; and
C) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local)
with commission of any offenses enumerated in paragraph (B) of this certification.
Where the contractor is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
this application.
3. DRUG -FREE WORKPLACE
As required by the Drug -Free Workplace Act of 1988 (Pub.L. 100 -690, Title V, Subtitle D) and implemented through additions
to the Debarment and Suspension regulations, published m the Federal Register on January 31, 1989, and May 25, 1990:
A) The Contractor certifies that it will or will continue to provide a drug -free workplace by:
1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
2) Establishing an ongoing drug -free awareness program to inform employees about:
a) The dangers of drug abuse in the workplace;
b) The contractor's policy of maintaining a drug -free workplace;
c) Any available drug counseling, rehabilitation, and employee assistance programs; and
d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the
statement required by paragraph (1);
4) Notifying the employee in the statement required by paragraph (1) that, as a condition of employment under the
contract, the employee will:
a) Abide by the terms of the statement; and
b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the
workplace not later than five calendar days after such conviction;
5) Notifying the County, in writing, within ten calendar days after receiving notice under subparagraph (2)(b) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose contract activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected contract;
6) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (4)(b), with
respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amended; or
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency;
7) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs
(1),(2),(3),(4),(5), and (6).
B) Insert in the space provided below the site(s) for the performance of work done in connection with the specific contract:
Place of Performance: (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here.
As the duly authorized representative of the Contractor, I hereby certify that the Contractor will comply with the above
certifications.
City of Yakima
Michael Morales, City Manager
Signature and Date
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. q•-L.
For Meeting of: June 5, 2012
ITEM TITLE: Resolution authorizing agreement modification No. 01 to
the 2012 City of Yakima Foot Care Agreement with Yakima
County, through the Southeast Washington Office of Aging
and Long Term Care (ALTC) for the 2012 Geriatric Foot
Care Services Program at the Harman Center
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
CONTACT Ken Wilkinson, Parks and Recreation Manager, 575 -6020
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
Attached is a resolution authorizing an agreement modification to the ALTC Foot Care
Agreement with Yakima County, through the Office of Aging and Long Term Care (ALTC)
increasing the allocation from $21,000 to $42,000 for the 2012 Geriatric Preventative Foot
Care Services Program at the Harman Center. The modification reflects revised unit rates
and costs for Geriatric Preventive Foot Care Services through December 31, 2012. Also
included is Yakima County Basic Agreement No. 2012 COY that has been updated May
2012. The Geriatric Preventative Foot Care Services Program has been offered since 1990.
Resolution X Ordinance Other Agreements
(specify)
Contract: X Mail to: Kathleen Coffey, ALTC, P 0 Box 8349, Yakima, WA
98908
Contract Term: 1 -1 -2012
through 12 -31 -2012 Amount: $42,000 Expiration Date: 12 -31 -2012
Insurance Required? Yes
Funding Aging and Long Term Grant Phone: 509 - 965 -0105
Source:
APPROVED FOR 4 C Manager
SUBMITTAL:
STAFF RECOMMENDATION:
Staff respectfully requests adoption of the resolution authorizing and directing the City
Manager to execute Agreement Modification No. 01 to the 2012 City of Yakima Foot Care
Agreement with Yakima County, through the Southeast Washington Office of Aging and
Long Term Care (ALTC) including Basic Agreement No. 2012COY for the 2012 Geriatric
Foot Care Services Program at the Harman Center.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
Resolution
O Agreement Amendment
E Agreement
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