HomeMy WebLinkAbout06/15/2010 11 2010 Geriatric Preventative Foot Care Services Program Agreement Modification BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 74 `` l 1
For Meeting of: June 15, 2010
ITEM TITLE: A Resolution Authorizing an Agreement Modification with Yakima County, through
the Office of Aging and Long Term Care (ALTC) for the 2010 Geriatric
Preventative Foot Care Services Program
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
CONTACT PERSON /TELEPHONE: Ken Wilkinson, 575 -6020
SUMMARY EXPLANATION:
Attached is a resolution authorizing a modification to the existing ALTC Foot care agreement
extending the contract period to December 31, 2010 and reflecting revised unit rates and costs
for the Geriatric Preventative Foot Care Services Program at the Harman Center. The goal of
the Geriatric Foot Care Program is to provide basic preventative foot care for frail, elderly adults.
This service has been offered since 1990.
Foot care services are funded by the State through the Senior Citizen's Services Act (SCSA)
® grant administered by Yakima County through the Office of Aging and Long Term Care.
However, due to budget uncertainties earlier this year, the existing agreement was funded only
for the first six months of 2010. This agreement increases the existing contract from $23,500 to
$47,000, thereby allocating an additional $23,500 for geriatric foot care for the last six months of
2010.
Resolution X Ordinance Other X (Specify) Agreement
Mail to: Aging & Lonq Term Care, Post Office Box 8349, Yakima, WA 98908 Phone: 9650105
Funding Source: Aging and Lonq Term Grant
APPROVED FOR SUBMITTAL: ' City Manager
STAFF RECOMMENDATION: Staff respectfully requests adoption of the resolution
authorizing execution of .2010 Agreement Modification #1 to the Performance Agreement
No. 2010 with Yakima County, through the Office of Aging and Long Term Care for the Geriatric
Foot Care Services Program at the Harman Center.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
• RESOLUTION NO. R -2010-
A RESOLUTION authorizing the City Manager to execute Modification #1, and subsequent
amendments or modifications thereto, to the 2010 Foot Care
Performance Agreement with Yakima County, through the Office of Aging
and Long Term Care, reflecting revised unit rates and costs and
extending the contract period to December 31, 2010, 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 Performance Agreement No. 2010 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 #1, and subsequent amendments or modifications thereto, to the
2010 Foot Care Performance Agreement No. 2010 with Yakima County, through the Office of
Aging and Long Term Care, for the delivery of Geriatric Preventative Foot Care Services for
senior citizens. The final agreement shall be approved as to form by the City Attorney. -
ADOPTED BY THE CITY COUNCIL this 15 day of June 2010.
Micah Cawley, Mayor
ATTEST:
•
City Clerk
•
Resolution for Foot Care Agrmt Mod 1 Geriatric Footcare 2010.rtf /ms
AGREEMENT NO. MOD. NO. FUNDING SOURCE AGREEMENT PERIOD
2010 City of Yakima TITLE III -B, Title III -D
Foot Care 01 & SCSA 1/01/10- 12 / 31 / 10
THIS AGREEMENT MODIFICATION to Agreement No. 2010 City of Yakima Foot Care is
entered into this day of , 2010. 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 purpose of this modification is. to:
1) Revise the contract to extend contract period to December 31, 2010.
2) Increase the contract from $23,500 to $47,000.
3) Revise the PAYMENT PROVISIONS Section IV. UNITS OF SERVICE, Part C.
Anticipated Service Level by Quarter and Part D. Anticipated Expenditure Rate
by Quarter.
4) Revise Section V. PAYMENT CONSIDERATIONS.
CITY OF YAKIMA .. YAKIMA COUNTY, Southeast Washington
Office Of Aging And Long Term Care
Dick Zais, City Manager
• Date: Lori Brown, Director
Attest:
Date:
City Clerk
City Contract No.
Resolution No. .
Date:
CONTRACT AUTHORIZATION
BOARD OF YAKIMA COUNTY ATTEST:
COMMISSIONERS
Resolution No: Clerk of the Board
APPROVED AS TO FORM:
Deputy Prosecuting Attorney Date
Page 1
2010 AGREEMENT MODIFICATION #1
CITY OF YAKIMA
FOOT CARE STATEMENT OF WORK
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 703 182 885 685 194 879
April - June 704 183 887 686 193 879
July - September 0 0 0 685 194 879
October - December 0 0 0 685 194 879
Total 1,407 365 1,772 2,741 775 3,516
Anticipated Service Levels include 888 additional units for the Upper Valley and
175 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 $8,750 $3,000 $11,750 $8,750 $3,000 $11,750
April - June $8,750 $3,000 $11,750 $8,750 $3,000 $11,750
July - September $0 $0 $0 $8,750 $3,000 $11,750
October - December $0 $0 $00 $8, 750 $3, 000 $11,750
Total $17,500 $6,000 $23,500 $35,000 $12,000 $47,000
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 $47,000 from available funds. This total sum shall be
available during the period January 1, 2010 through December 31, 2010. These funds
shall be used to provide Geriatric Preventive Foot Care services. Payment to the Contractor
for this unit rate price agreement shall be based on the unit rate of $18.89 in the Upper Ah
Valley and $20.00 per unit in the Lower Valley, less client donations. Client donations must MI
be spent first before ALTC funds.
Page 2
® BASIC AGRE
MENT No. 2010 COY
between -
YAKIMA COUNTY ALTC
and
CITY OF YAKIMA
Table of Contents
L, 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 INSPECTION
XIII INSPECTION 5
XIV HOLD HARMLESS 5
XV AUDIT REQUIREMENTS 5
XVI INSURANCE AND BONDING 7
XVII NONDISCRIMINATION 7
XVM INCIDENT REPORTING 8
XIX ASSIGNMENT AND SUBCONTRACTING 8
XX SEVERABILITY 9
XXI MODIFICATION 9
XXII SUSPENSION, TERMINATION AND CLOSE -OUT 9
XXIII INDIVIDUAL RIGHTS AND HIPAA 10
XXIV GRIEVANCE PROCEDURES 10
XXV DEBARMENT AND EXCLUSION 10
XXVI CONFLICT OF INTEREST 11
XXVII CONVENANT AGAINST CONTINGENT FEES 11
XXVIII LOBBYING 11
)(XIX PROHIBITION OF POLITICAL ACTIVITES 12
XXX DISPUTES 12
XXXI • DRUG -FREE WORKPLACE 12
XXXII REIMBURSEMENT LIMITS 12
•
XXXIH VENUE 12
XXXIV CONDITION PRECEDENT 12
AUTHORIZED SIGNATURES 13
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 N. r Street, Yakima, WA 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 forr 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.
ffi 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.
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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:
A. The Director or the Contractor may disclose information to each other, the State of
Page 2 of 13 Basic Agreement No.2010 COY
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.
Department of Treasury, Internal Revenue Service, policies on depreciation for tax
purposes, unless the Contractor can document to the written satisfaction of the
Director some different period.
B. Title to all property furnished by the County with County, State, or Federal funds shall
remain with the County, the State of Washington, or the Federal Government as ; their
respective interests may appear. • .
C. Title to all nonexpendable personal property purchased by the Contractor, the cost of which
the Contractor is entitled to be reimbursed as a direct item of cost under a Contract, shall
pass to and vest in the County or State of Washington, or Federal Government as their
respective interests may appear, upon delivery of such property.
D. Nonexpendable personal property purchased by the Contractor under the terms of any
Contract in which title is vested in the County, State, or Federal Government shall not be
rented, loaned, or otherwise passed to any person, partnership, corporation, association or
organization without the prior written approval of the County, State, or Federal
Government.
E. Nonexpendable personal property furnished to or purchased by the Contractor, which is
vested in the County, State, or Federal Government, shall be used only for the delivery of
contracted services.
F. As a condition precedent to reimbursement for the purchase of nonexpendable personal
property, title to which shall vest in the County, State, or Federal Government, the
Contractor agrees to execute such security agreements and other documents as shall be
411
necessary for the County, State, or Federal Government to protect their respective interests
in such property in accordance with the. Uniform Commercial Code - Secured Transactions
Page 3 of 13 Basic Agreement No.2010 COY
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
excepted.
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 13 Basic Agreement No.2010 COY
XIII INSPECTION
A. The Contractor shall give access to its facilities and records to any authorized officer,
employee or agent of the County, the State of Washington or the Federal Government at all
reasonable times. Authorized persons shall have the right to examine the Contractor' s
performance, financial records, and IAA 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
Each party shall indemnify and hold harmless the other, its officers, agents, and employees, from
any and all liability, loss or damage, including reasonable costs of defense, incurred as a
proximate result, whether direct or indirect, of the indemnifying party's breach of this contract,
including audit exceptions, or its negligence, including that of its officers, agents . or employees.
In the event of concurrent negligence, each party shall bear the proportionate share of the
liabilities above described that is attributable to it and its own officers, agents and employees.
410
XV AUDIT REQU REMVIENTS
A. Definitions
Single Audit means an audit that will encompass the entirety of the financial operations of
the Contractor and shall determine and report whether:
1. The financial statements of the Contractor present fairly its financial position and the
results of its financial operations in accordance with generally accepted accounting
principles, and whether the Contractor has complied with laws and regulations that
may have a material effect upon the financial statements;
2. The Contractor has internal control systems to provide reasonable assurance that it is
managing Federal financial assistance programs in compliance with applicable laws
and regulations; and
3. • The Contractor has complied with laws and regulations that may have a material
effect upon each major Federal assistance program. In testing compliance for this
section the auditor must select and test a representative number of transactions from
each major Federal assistance program.
Program- Specific Audit means an audit of one Federal .program in accordance with
Federal laws, regulations, or audit guides relative to that particular program. When a
Contractor expends Federal Financial Assistance under only one Federal program and the
Federal program's laws, regulations, or grant agreements do not require a financial
statement audit of the Contractor, the Contractor may elect to have a program- specific
audit.
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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) $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more a
year in Federal Financial Assistance, shall purchase annually a single or program- specific
audit conducted for that year by a government auditor or public accountant who meets the
standards for independence specified in the Government Auditing Standards. The
• Contractor agrees to:
1. Adhere to the. Office of Management and Budget (OMB) Circular A -133 and other
relevant Federal and State Requirements;
2. Provide access to independent auditors to its financial records; and
3. Maintain accounting records that will enable identification of all federal funds
received and expended by the OMB Catalog of Federal Domestic Assistance number.
C. The Contractor, if a subrecipient of Federal Financial Assistance and expends less than
$300,000 ($500,000 for fiscal years ending after December 31, 2003) 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).
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.
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XVI INSURANCE AND BONDING
A. The Contractor shall carry, without interruption during the teen of a Contract, a
comprehensive bodily injury and property damage liability insurance policy in a minimum
amount of $1,000,000.00 Combined Single Limit (CSL) unless specified otherwise in the
Contract. The Contractor shall also carry either professional liability coverage for the
duration of a Contract or ensure that any licensed or certified professional providing
contracted services carry their own professional liability coverage. Certification of
insurance shall be submitted to the Director within thirty days after execution of a Contract.
B. 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,
that 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.
C. 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
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 criteria 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;
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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.
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 prior 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.
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XX SEVERABILITY
If any provision of this Basic Agreement shall be held invalid, the invalidity shall not affect the 411
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.
XXIT 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:
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.
Page 9 of 13 Basic Agreement No.2010 COY
2. The Contractor shall pay to the County moneys received from the County in excess
41) 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 P111 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
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 the
. d
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.
Page 10 of 13 Basic Agreement No.2010 COY
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
B. Deduct, or similarly recover from the consideration of the Contract, the amount of the
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 appropriate channels.
Page 11 of 13 Basic Agreement No.2010 COY
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 incompliance 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.
® 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
�' g P h' �
County is authorized by Resolution of the Board of Yakima County Commissioners.
Page 12 of 13 Basic Agreement No.2010 COY
YAKIMA COUNTY CONTRACTOR •
Southeast Washington Office of City of Yakima,
Aging & Long Term Care Day Break Adult Day Care
Lori Brown, Director Dick Zais, City Manager
Date Date
AGREEMENT AUTHORIZATION BOARD OF YAKIMA COUNTY
COMMISSIONERS
Resolution No. Attest: Clerk of the Board
Christina S. Steiner
Date
Approved As To Form
Deputy Prosecuting Attorney Date
Page 13 of 13 Basic Agreement No.2010 COY
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
0 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 in 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
law enforcement, or other appropriate a enc ; ®
approved for such purposes by a Federal, State or local health, g y,
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, 1 hereby certify that the Contractor will comply with the above
certifications.
Contractor
Printed Name and Title of Authorized Representative
Signature and Date