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HomeMy WebLinkAbout03/04/2008 16 2008 Upper County Transportation Services Agreement with Yakima County and People For People O BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.q f° For Meeting of: March 4, 2008 ITEM TITLE: A Resolution authorizing a Performance Agreement with Yakima County and People For People, Inc. for Upper County Transportation Services during 2008 SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/TELEPHONE: Ken K. Mehin, 576 -6415 SUMMARY EXPLANATION: • Yakima Transit respectfully submits for Council's approval the annual agreement for transportation services with People For People, Inc. in conjunction with the Yakima County Office of Aging and Long Term Care (ALTC) transportation program for participants residing in the unincorporated areas of Upper Yakima County. Utilizing the same contracted paratransit service provider for Yakima County, People for People, this partnership enhances opportunities for older individuals, those with disabilities or limited physical mobility, and other certified eligible individuals who have no other means of transportation or are unable to use existing transportation. Examples include trips to and from social services, medical and healthcare facilities, meal programs, the Harman Center, and shopping. No local City funds are utilized in this contract. The City receives federal funds made available through the Department of Transportation's Federal Transit Administration to match state funds provided by Yakima County. These funds are currently included in the Transit operating budget. If City Council approves this request, the new ALTC transportation service agreement term is for the calendar year 2008 (January 1 through December 31). • Resolution X Ordinance Other X (Specify) "Performance Agreement No. 2008 -PFP (UV) Administration of Agreement," and "Standard Terms and Payment Provisions 2008 People for People — Upper Valley" Contract X Mail to (name and address):ALTC, P 0 Box 8349, Yakima, WA 98908 965 -0105) Funding Source: FTA Operatin. tance / Yakima Transit Operating Funds $76,000 APPROVED FOR SUBMITTAL: � _ � City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the resolution authorizing execution of "Performance Agreement No. 2008 -PFP (UV) Administration of Agreement," and "Standard Terms and Payment Provisions 2008 People for People — Upper Valley" for the purpose of providing senior citizen transportation services during 2008 with People For People, Inc. in conjunction with the Yakima County Office of Aging and Long Term Care (ALTC). BOARD /COMMISSION RECOMMENDATION: O COUNCIL ACTION: RESOLUTION NO. R -2008- A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute agreement documents with Yakima County Office of Aging and Long Term Care (ALTC) and People For People, Inc. for transportation services for the elderly and handicapped city residents for 2008. WHEREAS, the City currently supports, through a contracted paratransit program, transportation services provided by People For People for disabled and senior Yakima County citizens within the Yakima Urban Area; and WHEREAS, federal funds made available to the City of Yakima by the Department of Transportation's Federal Transit Administration are sufficient and may be used to fully fund the City's payments for the contracted paratransit services; and WHEREAS, the contracted paratransit services provided by People For People, Inc., are also supported by Yakima County through its Office of Aging and Long Term Care for the same services throughout Yakima County; and WHEREAS, it is in the best interest of the City to continue supporting P g transportation services for disabled and senior citizens in the Upper Yakima Valley by using federal funds made available to the City of Yakima by the Department of Transportation's Federal Transit Administration to match state funds provided by Yakima County; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated contract documents entitled "Performance Agreement No. 2008 -PFP (UV) Administration of Agreement," and "Standard Terms and Payment Provisions 2008 People for People — Upper Valley" for the purpose of providing senior citizen transportation services during 2008. ADOPTED BY THE CITY COUNCIL this of March 2008. David Edler, Mayor ATTEST: a City Clerk 2008 Resolution -PFP Senior Transportation.rtf .. _ _ _... - _ - 0 -- ' I C__,..) , , ' 1,0 w Cc. . ` i _ r , -.: ' i i t' "* -;- 1 . y , ,� v . 11 'Y�. 31.1 _. ,J "• '. - I - } t „ VY ,i '1`..' - '.. V--::::1,- ,: ':•-•;.-'1'.- ,� i - i i a v A r r Fo:% ,/ * r p �. W 4 3- .. t'' x i e ' a L r O 4:L,-;,,:-;_;11.9" ..i" c a a r fi _ + L r t - ° r . , u �, �r -Washington State ' 4 ` , , a Commute Trip Reduction • -„,;''',f. oar ' 4 • RECEIVED OITY OF YAKWA Brian Lagerberg, Chair Dept. of Transportation FEB 2 5 2003 Ted Horobiowski, Vice- February 20, 2008 Chair Avista Utilities OFFICE OF CITY COUNCIL Linda Ballew Greater Redmond TMA The Honorable Dave Edler Kim Becklund City of Yakima City of Bellevue 129 N 2nd Street Yakima, WA 98901 Aurora J. Crooks Spokane County Re: 2007 CTR Plans Matt Hansen King County Metro Dear Mayor Edler: Michael Harbour • 0 Intercity Transit Thank you for submitting your 2007 Commute Trip Reduction (CTR) Plan Charlie Howard to the CTR Board by the October 1, 2007 deadline. We are pleased to Puget Sound Regional inform you that your CTR plan has been unanimously approved. The local Council and regional plans for Whatcom County, Spokane County, Thurston County, Peter Hurley and Yakima County were approved at the board meeting on December 7, Citizen Representative 2007. On January 25, 2008, the CTR Board approved the local and regional plans for Clark County, and the counties in Central Puget Sound, including Joyce Phillips Washington State Snohomish, Kitsap, Pierce and King. Department of Community, Trade and Economic The CTR Board is proud to see these new plans, which meet the intent of the Development CTR Efficiency Act passed by the state legislature in 2006. We recognize Matt - Ransom the significant effort put forth in a constrained timeline by local City of Vancouver governments and regional transportation planning organizations ( RTPOs) Robin Rettew and we applaud the progress shown in these plans. Office of the Governor We view the implementation of the CTR Efficiency Act as an iterative William T. Roach with opportunities for all of the CTR partners to continue to learn Citizen Representative process, hp p and work together to meet the legislature's vision of a CTR program that is Page Scott integrated with transportation and land use plans. We will continue to work Yakima Valley Conference with employers, ll overnments, and RTPOs around the state to move of Governments lo this vision forward. Marilyn Young Skogland Duwamish Manufacturing o Industrial Council Elizabeth Warman The Boeing Company Washington State Department of Transportation • 310 Maple Park Avenue SE • PO Box 47387 Olympia, WA 98507 -7387 • t (360)705 -7846 f (360)705 -6862 The CTR Board appreciates your commitment to foster multimodal transportation III solutions and implement effective programs that serve your communities. Please contact Kathy Johnston, CTR Program Manager, at (360) 705 -7925 if you have any questions. Regards, ,-'-'.----Th 4_,,Q ‘04ti Brian Lagerberg, Chair Ted Horobiowski, Co -Chair ,..,_,,,.‘„ a'-, . 0 44., 4,, .4. ... ..... Linda Ballew Kim Becklund a ji.tx. i Ocur9/410 6it . Aurora Crooks Matt Hansen . `)cs,,\,,,, ///71 Mike Harbour Charlie Howard (....laial Peter Hurley Joyce Phillips l ____, ‘-- /L - Matt Ransom Robin Rettew �,-- /. of Bill Roach J. Page Scott I �A %�A • Marilyn Young Skoglund Washington State Department of Transportation • 310 Maple Park Avenue SE • PO Box 47387 Olympia, WA 98507 -7387 • t (360)7054846 f (360)705 -6862 — -- PERFORMANCE AGREEMENT NO. 2008 PFP(UV) ADMINIST °" TION OF AGREEMENT THIS AGREEMENT is entered into this day of , 2008, by and between Yakima County, hereinafter denominated the "County ", through the Office of Aging and Long Term Care whose address is P.O. Box 8349, Yakima, Washington 98908, hereinafter denominated the "Department ", and People For People, whose address is 302 West Lincoln Avenue, Yakima, Washington, 98902, hereinafter denominated the "Contractor ", and CITY OF YAKIMA, whose address is 129 North Second Street, Yakima, Washington, 98901, hereinafter denominated "Third Party", whose duly authorized representatives are named in documents on file at the Office of Aging and Long Term Care. THE PURPOSE of this Agreement is to provide for the delivery of Transportation services in accordance with the terms and conditions set forth in the provisions as listed below: ADDITIONAL TERMS of this Agreement are set out in and governed by ALTC's "Basic Agreement." In the event the Basic Agreement is revised, this Agreement shall conform to the revisions. The City of Yakima shall be an additional party to the Basic Agreement and shall have all of the rights and privileges of Yakima County Southeast Washington Aging and Long Term Care contained in said Basic Agreement. PROGRAM AMOUNTS SIGNATURES City of Yakima $76,000 PEOPLE FOR PEOPLE Title III -B (CFDA #93.044) 54,350 SCSA 41,850 L CQ2, Ma elyn rlson, CEO 0 TOTAL FUNDING ALLOCATION $172,200 Date: 0 7 —B —OR PERIOD OF AGREEMENT January 1, 2008 - December 31, 2008 YAKIMA COUNTY, Office of Aging and CITY OF YAKIMA Long Te m Care Authorized Signature H en Bradley, Director (Typed) Name and Title Date: / /er Date: CONTRACT AUTHORIZATION ATTEST: BOARD OF YAKIMA COUNTY COMMISSIONERS City Clerk Resolution No. City Contract No. ATTEST: Resolution No. Clerk of the Board Date: Date: 111 Approved As To Form: Deputy Prosecuting Attorney 1/30/2008 "-- "" STANDARD TERMS AND PAYMENT PROVISIONS 2008 People for People — Upper Valley • SPECIFIC PROVISIONS APPLICABLE LAWS AND REGULATIONS The Contractor agrees that services contemplated or delivered within the terms of this Agreement and funds administered in the delivery of the specified services shall be provided in accordance with all applicable Federal, State, and local laws and regulations, in particular the following: A. CFR Title 45, Subtitle A, Part 74, Administration of Grants B. Older Americans Act (PL 109 -365) C. WAC 388 - 106 -1100 through 1120, (Senior Citizens Services Act) D. WAC 388 - 106 -0300 (10), (COPES Transportation) II PROJECT DEFINITION Transportation services are designed to transfer older persons to and from social services, medical and health care services, meal programs, and shopping so such services will be accessible to eligible individuals who have no other means of transportation or are unable to use existing transportation. Personal assistance for those with limited physical mobilit shall be provided. III TARGET POPULATION A. Transportation services shall be delivered in accordance with the Southeast Washington Office of Aging and Long Term Care Transportation Program Standards and information submitted in the Budget Summary. The Contractor acknowledges receipt of a copy of said standards. Services provided shall comply with these standards (or as subsequently modified) and the following: 1. ALTC funding is not to be used to displace other funding sources. 2. Eligible clients who are City of Yakima residents should be referred to the City's Dial -a -Ride Program for rides to Senior Meal sites, City of Yakima and Catholic Family & Child Service Adult Day Services. 3. Transportation services for elderly persons are to be provided for Nutrition, Adult Day Services, medical and shopping. 4. Local medical rides for Medicaid clients living in their own homes not covered under DSHS. Prior approval must be obtained from ALTC before a ride i authorized. Page 1 _ ---- _ _ . . 1/30/2008 ._ _ IV PARTICIPANTS 0 The Contractor agrees that: A. The target population for transportation services are the individuals referenced in the Transportation Program Standards. B. There will be written assessment procedures utilized by the Contractor to determine if clients meet the program target population criteria. C. The indicators used by the Office of Aging and Long Term Care to assess its effectiveness at targeting services to individuals who may be vulnerable are: • Racial / Ethnic minority Low - income 75 years of age or older Limited or non - English speaking Living alone ALTC funding should encourage the effective targeting of services to the vulnerable elderly by the Contractor. Specific goals to be attained for 2008 are as follows: ® Target Group Percentage Racial or ethnic minorities 12% Low- income 40% 75 years of age or older 60% Limited or non - English speaking 6% Living alone 40% The Contractor must report on clients served in these categories. Percentages may be updated by ALTC upon compilation of 2000 census data. V SERVICE SPECIFICATION The Contractor agrees that services provided within the terms of this Agreement shall meet the following specifications: A. Efforts will be made to assure access of service to the target population, to include at least the following: 1. Accessible office or site location; 2. Home visits or home delivery of services (if applicable); 3. Multicultural, bilingual persons to assist multicultural, bilingual clients in receiving services; 4. Publicity of program through public service announcements, brochures, etc. 5. - Meeting with other service providers /agencies to explain services the Contractor provides and how referral can be made; 6. Ability to serve individuals with disabilities. Page 2 ""- 1/30/2008 6. Ability to serve individuals with disabilities. B. When there are multiple funding sources, ALTC may not be charged for provide. to solicit bids for other contracts; coordination with other transportation program is welcome as long as costs are allocated appropriately, i.e., vehicle depreciation, dispatching, etc. C. Participants shall be referred to other transportation systems as determined appropriate. D. The Contractor shall establish a system through which clients of services under this approved Agreement may present grievances as outlined in the Basic Agreement, Section XXIV. E. Services shall be provided throughout Yakima County. F. Yakima Transit (YT) will be furnished a monthly ride log (beginning in February) of those persons served. The ride log will be for auditing and billing purposes and will include all pickups and destinations outside Yakima Transit's service area, however within the Urban Growth Boundary. The information will not be used for commercial purposes and the list will not contain medical information of the participants VI ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATE The Contractor agrees that: A. The level of service to be provided shall be as described in the Statement of Work sections of this Agreement. Failure to meet the service levels as defined in this Agreement may result in a re- negotiation of the funding levels provided under the terms of this Agreement; B. The City or County may unilaterally reduce the Agreement budget within thirty (30) days of the close of the quarter by the amount of the projected quarterly expenditures left unspent at the end of the quarter. The City or County shall submit to the Contractor notification of intent to recapture unspent funds and a modification to the budget reflecting the adjusted changes in the Agreement. C. UNITS OF SERVICE 1. Definition: a. A unit of transportation service shall be defined as one (1) vehicle service hour while transporting eligible participants. b. A board shall be defined as a one passenger, one -way ride from pickup point to destination. 2. There will be 185 unduplicated individuals served in the Upper Yakim. Valley by this Agreement. 3. Anticipated Service Level by Quarter: Up r Valley 0 Mon Hours a s January — March 1,208 2,348 April — June 1,209 2,349 July — September 1,209 2,348 October - December 1,209 2,349 TOTAL 4,835 9,394 4. Anticipated Expenditure Rate by Quarter: City of Month ALTC Yakima Total January - March $24,050 $19,000 $43,050 April - June $24,050 $19,000 $43,050 July — September $24,050 $19,000 $43,050 October - December $24,050 $19,000 $43,050 TOTAL $96,200 *$76,000 $172,200 * Top Limit for City of Yakima VII ADMINISTRATIVE AGREEMENTS A. Access by the County or the City: The Contractor shall provide access at all reasonable times for the County to monitor and /or evaluate the provisions of services under this Agreement. Either the County or the City may, with prior permission from the participant and knowledge of the Contractor, interview a certain percentage of participants to ascertain their experience with the program. B. Records and Reports: The Contractor agrees to: 1. Maintain program records and reports, including statistical information, and to make such records available for inspection by the County in order for the County to be assured that contracted activities remain consistent with the terms of this Agreement and the currently approved SE /ALTC Area Plan which shall be kept on file at the ALTC office. The Contractor further agrees to provide such information as requested by the County within the time limitations established by the County; 2. Submit the monthly report showing service level provided by the ninth day of each month following the month during which the services were provided. A quarterly report must be submitted to ALTC by the end of the month following the end of each quarter; 3. Complete and submit such additional reports as are required by the County within the specified time frames, providing the Contractor is given a written request for the reports thirty (30) days prior to the due date. C. Inventory: The Contractor agrees to: 2. Complete at least once a year a physical inventory of all equipment purchased with Office of Aging and Long Term Care funds. D. Contractors Meeting: The Contractor agrees to have a representative attend meetings of the Office of Aging and Long Term Care contractors and Long Term Care Planning Committee. E. Program Publication: The Contractor agrees that: 1. The program shall be publicized on a regular basis, with all publicity and printed material identifying the Southeast Washington Office of Aging and Long Term Care as a funding agency; 2. All material distributed with regards to publicizing the program contain a statement assuring non - discrimination. Following is the wording suggested: People for People does not discriminate in providing services on the grounds of race, creed, color, religion, national origin, gender, age, marital status, or the presence of any sensory, mental, or physical handicap. 3. Materials publicizing the program must be printed in other appropriate languages in counties that have a specific minority 60+ population of three (3 %) percent or more of the general 60+ population. F. Additional Remuneration Prohibited: Neither the Contractor nor any of its officers. employees, agents or representatives, shall solicit, impose any fees, or accept any remuneration whatsoever from clients, friends, relatives, or representatives of any clients for services performed for that client under this Agreement other than the client matching monies or donations (see Section I). In the event that this provision is violated, the County shall have the right to assert a claim against the Contractor on its own behalf and /or on behalf of the client. G. Private Pay: The Contractor, who offers to the general public on a private pay basis a service comparable to the service described in this Agreement, must assure that the County is not charged more for the service than the private pay fee. The responsibility lies with the Contractor to justify that a service provided at a different rate is not comparable to this service. H. Maintenance of Funding Sources: The Contractor agrees that: 1. Neither City nor County funds may be used to replace funds from any other existing program funding. 2. It will continue or initiate efforts to obtain support from private sources and other public organizations for this service. 3. It will utilize new funding sources for this service if they become availabl through the County or the city and it will make any changes necessary tc meet the requirements of the new funding sources. _- Fees and Donations: The Contractor agrees that: Page 5 - _��._ -- - - 1/30/2008 -- - --- -° 1. It will assure that older persons have the opportunity to contribute to all or 411 part of the cost of the service, but service will not be denied if participant cannot or does not wish to contribute; 2. It shall utilize client donations to meet project expenses before using State or Federal funds; 3. It shall provide that the methods of receiving fees, donations and contributions from individuals shall be handled in such a manner so as not to publicly differentiate among individuals; 4. All project income derived from the provision of services described herein or incorporated by reference herein or derived or generated through program fund- raising activities or profits earned from fixed rate service shall stay with the project. The income shall be used to provide increased levels or improved quality of service to the target population. J. Monitoring /Assessment Procedures: The Contractor agrees to: 1. Monitor both its fiscal and program status monthly and assess its performance on program objectives and activities covered under this Agreement on an ongoing basis; 2. Monitor and assess on an ongoing basis the performance of any S • subcontracting agencies, and insure that funds made available are expended only in accordance with the specific provisions of this Agreement; 3. Recognize that the County and the City will monitor and assess the activities and progress of all programs covered under this Agreement on an ongoing , basis. Said monitoring and assessment will be accomplished through, but not limited to, review of program and financial reports, on -site visits (service delivery and administrative sites), conference with program administrators and staff, and visits by members of the Office of Aging and Long Term Care (ALTC) staff and ALTC Advisory Council. Monitoring may include assessing performance based on information submitted in Request for Proposal (RFP). Prior notice of all such visits will be provided; 4. Authorize and /or participate in any program or fiscal evaluations or studies conducted by the County or DSHS. Prior notice will be provided as well as final reports of evaluations or studies; 5. Conduct a self - evaluation of the program annually. The self - evaluation shall include a survey of at least 10% of clients utilizing the service. The Contractor shall take steps to correct deficiencies found during the internal monitoring. Monitoring reports shall be made available to the County upon request. Page 6 _ _ ---- 1/30/2008 K. DISCLOSURE OF PERSONAL INFORMATION The Contractor shall not disclose the contents of any Client records files, papers. Y ►Pa P and communications except as necessary for the administration of programs to provide services to clients as stated in RCW 74.04.050, or its successor or replacement statute or as authorized by law. Other pertinent federal and state statutes and laws that protect Client records include the Public Records Act, codified as chapter 42.56 RCW, WAC 388 -01 -030 and chapter 388 -01 WAC, the Health Insurance Portability And Accountability Act of 1996 C'HIPAA "), and chapter 70.02 RCW. As required by RCW 74.04.060 The Contractor shall treat information accessed under this Agreement with the degree of confidentiality required by the federal Social Security Act. 1. The Contractor shall limit access to client data to The Contractor and any subcontractor staff whose duties specifically require access to such data in the performance of their assigned duties. Contractor staff shall not access any individual client data for personal purposes. Clients shall only be permitted to access their own data. 2. The Contractor shall not use or disclose any information concerning any DSHS client for any purpose not directly connected with the administration of The County's responsibilities under this agreement except by prior written consent of the DSHS client, his /her attorney, parent or guardian. 3. The Contractor may disclose information to The County or to DSHS for purposes directly connected with the administration of their programs. This includes, but is not limited to, determining eligibility, providing services, and participation in an audit. The Contractor shall disclose information for research, statistical, monitoring and evaluation purposes conducted by appropriate federal agencies and . DSHS. DSHS must authorize in writing the disclosure of this information to any other party not identified in this section. L. DISSEMINATION TO STAFF Prior to making information. available to new staff and annually thereafter, The Contractor shall ensure that staff accessing the Personal Information or PHI under this agreement are trained in HIPAA and use disclosure of PHI requirement an understand: 1. Confidentiality of Client Data a. Client Data is confidential and is protected by various state and federal laws. The basis for this protection is the individual's right to privacy as outlined in the HIPAA Privacy Rule — 45 CFR 160 to 45i CFR 164. Page 7 v30/2008 b. Personal Information means demographic and financial information about a particular individual that is obtained through one or more sources (such as name, address, SSN, and phone numbers). RCW 42.17.230 lists the information that is exempted from public - inspection and copying. 2. Use of Client Data a. Client data may be used only for purposes of these contracted services, directly related to providing services to the client or for the operation of aging and long -term care programs. b. Any personal use of client information is strictly prohibited. c. Access to data must be limited to those staff whose duties specifically require access to such data in the performance of their assigned duties. 3. Disclosure of Information a. Client information may be provided to the client, client's authorized guardian, or a client- authorized 3 party per WAC 388 -01, and the • Long Term Care Manual. b. Client information may be disclosed to other individuals or agencies only for purposes of administering DSHS programs. c. Questions related to disclosure are to be directed to the Southeast Washington Aging & Long Term Care Director and /or Home and Community Programs Public Disclosure Coordinator. d. Any disclosure of information contrary to this section is unauthorized and is subject to penalties identified in law. M. SECURITY OF DATA 1. The Contractor shall take reasonable precautions to secure against unauthorized physical and electronic access to data, which shall be protected in a manner that prevents unauthorized persons, including the general public, from retrieving data by means of computer, remote terminal, or other means. The Contractor shall take due care to protect said Data from unauthorized physical and electronic access. The data will be stored on computers with security systems that require individual user IDs and hardened passwords. Only persons who have signed the • Washington State Notice of Nondisclosure confidentiality form covering this data share agreement will be able to access the data that The County shares with the Contractor under this agreement. Page 8 --- .. 1/30/2008 - 2. The Contractor shall remove data received under this agreement from computer equipment after it's been used for its stated purposes by using "WIPE" utility for . purging the Data from electronic storage media, degaussing the media, or physically destroying the media in such a way that Data cannot be recovered. Media includes, but is not limited to, the following: a. Personal computer -based hard drives; b. Floppy disks; c. Magnetic tapes (reels or cartridges); d. Compact Disks (CDs), including CDs from cameras; e. DVDs; f. Zip disks; g. Portable RAM (Compact Flash, etc); h. Mainframe or mini mass storage (disk platters, arrays, etc); Storage Area Networks (SAN); and, j. Network Attached Storage (NAS). 3. The Contractor shall ensure disks and /or documents generated in printed form from the electronic file are properly returned, destroyed or shredded when no longer needed. Unauthorized individuals cannot have access to client information. Data destroyed shall include all copies of any data sets in possession after the data has been used for the purpose specified herein or within 30 days of the date of termination, and certify such destruction to DSHS. DSHS shall be responsible for destroying the returned documents to ensure confidentiality is maintained. The Data provided by DSHS will remain the property of DSHS and will be promptly destroyed when The Contractor and its subcontractors have completed the work for which the information was required, as fully described herein. 4. The Contractor shall protect information according to state and federal laws including the following incorporated by reference: a. Privacy Act 1974 5 USC subsection 552a; b. Chapter 40.14 RCW Preservation and Destruction of Public Records; c. Chapter 74.04 RCW General Provisions — Administration; d. Chapter 42.17.210 RCW Certain Personal & Other Records Exempt; P _ - - Page 9 1/30/2008 -. - e. 45 CFR 205.50 provides for Safeguarding information for the Financial assistance Programs and identifies limitations to disclosure of said information; and, f. Public Law 99 -508 (18 USC section 2510et. Seq. Electronic Communications Privacy Act of 1986) Part A of Title IV of the Social Security Act authorizes disclosure of client information and provides for safeguards, which restrict the use or disclosure of information concerning applicants or recipients to purposes directly connected with administration of the program. N. The Contractor shall indemnify and hold harmless Yakima County for any acts by the contractor staff related to the provisions of this contract, including the Disclosure of Personal Information. PAYMENT PROVISIONS CONSIDERATION Payment shall be based on claims for reimbursement as reported on the Office of Aging and Long Term Care invoice and support documentation and shall be contingent upon the receipt of all required financial and program reports by the respectively assigned due dates. Neither the City nor the County shall be held responsible for any financial loss suffered by 411 the Contractor as a result of performance of services as outlined in this Agreement in the mutually agreed budget, service delivery standards, units of service and payment standards. II GENERAL PAYMENTS CONDITIONS The Contractor agrees to the following standards in satisfactorily performing the terms and conditions of this Agreement: A. No payment shall be made for any contracted activity rendered by the Contractor which is not identified within the terms and conditions of this Agreement and set forth within a category of the budget. B. Contractor shall submit to the County a written request for approval of budget revision when: 1. The revision would change the scope or objectives of any contracted activity category; 2. Additional revenue is received for contracted activities within the terms of this Agreement; 3. The Contractor desires to transfer funds from one budget category to another. Budget category transfers shall, for the purpose of this Agreement, be defined as transfers inclusive of those occurring between sub - object categories when the cumulative amount of all transfers exceeds five percent (5 %0) of the County budgeted amount for administration or service delivery. Page 10 _ _ _ ... _ __ -_ 1/30/2008 - ..,._.._ T _. _. - , - C. Payments shall be based on the City and County's respective separate receipt of all fiscal and programmatic reports required by this Agreement to substantiate claimr� for reimbursement. The County expressly reserves the right to withhold P a Y ment irr whole or in part when: 1. The Contractor fails to submit all required documentation, or 2. In either the City's or the County's respective judgment, additional information is required to substantiate the basis upon which claims for reimbursement are made, provided the request for such additional information is consistent with the requirements of this Agreement; or 3. Claims for reimbursement are inconsistent with the terms and conditions of this Agreement; or 4. Claims for reimbursement on unit rate price Agreements exceed the administrative and service delivery budgets without in -kind contributions by greater than ten (10 %) percent of their respective allotted amount; or 5. Claims for reimbursement on line -item cost Agreements exceed the administrative and service delivery budgets of County 'contracted funds by greater than ten (10 %) percent of their respective allotted amount. D. Program Income - Gross income received by the contractor and /or subcontractors . directly generated by federal funds or a federal grant supported activity or earned a the result of the grant and /or federal contract. 1. Program income may include, but is not limited to, income from: fees for services performed, proceeds from the sale, lease or rent of assets which were acquired using federal funds, contributions /donations from clients, honorariums, consultant fees, training fees, and the like, earned by staff when time spent earning such honorarium or fee was charged to federal funds, and revenue generated from sale of fabricated items. 2. Use program income in accordance with the Department of Health and Human Services Administration of Grants, 45CFR, Sec. 25. Costs borne by the program income must be used to satisfy cost sharing. The City or County agrees to promptly notify the Contractor of any proposed reduction in funding by State, Federal, or other officials. The Contractor agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. E. Termination of Contract 1. Either party, upon ninety (90) 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, th portion to be terminated. Page 11 1/30/2008 2. The Director, immediately upon written notice, if funding is withdrawn or 411 reduced County. to the extent that the continuation is not in the best interest of the III BILLING PROCEDURES A. The Contractor shall submit written claims for reimbursement of contracted activities provided on the appropriate forms. All payments will be based on contracted activities provided unless otherwise approved in writing by the County. B. The City and County each agree to make separate payment for equal matching shares of contracted services. In the case of the County, payment shall be made by the Auditor of Yakima County with County warrants within thirty (30) working days, contingent upon the availability of funds, following receipt of the Contractor's claims for reimbursement, provided that claims for reimbursement are received by the County by the tenth day of each month following the month during which the services were provided. No payment shall be made in the month services are rendered unless otherwise approved by the County. If the last working day of a month falls on a Saturday, Sunday or holiday, payment will be made on the last County working day of the month. C. PAYMENT CONSIDERATIONS YAKIMA COUNTY: 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 $96,200 from available funds. This total sum shall be available during the period January 1, 2008 through December 31, 2008. These funds shall be used to provide Transportation services. Payment to the Contractor for this unit rate price Agreement is based on the unit rate of $19.90 per vehicle service hour of Transportation services during the period January 1, 2008 through December 31, 2008. CITY OF YAKIMA: As consideration for senior transportation services, provided under this Agreement, the City of Yakima shall pay the Contractor a sum not to exceed $76,000. This total sum shall be available during the period January 1, 2008 through December 31, 2008. Said sum shall be paid monthly upon proper billings submitted to the City. Said payments are expressly conditioned upon the Contractor providing satisfactory services hereunder and documentation (invoices /billings). Payment to the Contractor for this unit rate price Agreement is based on the unit rate of $19.90 per vehicle service hour of Transportation services during the period January 1, 2008 through December 31, 2008. COPES Transportation: The payment for COPES services will be in addition to the contracted amount. The COPES payment will be based on claims for reimbursement as reported on the COPES services billing. This includes clients now authorized, number of units of service and the actual number of units provided. The COPES unit rate will be $50 -- �_ — for ambulatory clients and $54 wheelchair bound clients (round trip). Page 12 1/30/2008 -- _..„_._ ... . The Contractor shall: A. Provide Clients with transportation to essential community services and resources in accordance with a therapeutic goal included in the Client's Service Plan. The Contractor shall allow the Client's personal care attendant to accompany the Client at no extra cost if the Client needs assistance during the trip or at the destination. Transportation provided under this Contract shall not replace Transportation Services to medical care provided under the Medicaid transportation brokerage. B. Be responsible for the entire performance of the Transportation Services in accordance with federal, state, and local ordinances, statutes, and regulations. C. Have a current driver's license, or employ drivers who have current drivers' licenses, appropriate to the operation of the vehicle(s) utilized in the transport of Clients. D. Transport Clients to community services and resources required by the Client's plan of care as authorized by DSHS. E. Maintain transportation records to document the dates, times, destinations, and distances of each Client's Transportation Services. Upon request, the Contractor shall make the records available to DSHS or DSHS /designee for review and audit. F. Maintain sufficient vehicle and passenger insurance coverage in accordance with the requirements in this Contract. G. Operate and maintain the transportation vehicles in a manner consistent with protecting and promoting the Client's health and welfare. H. Schedule and operate the Transportation Service to effectively meet the Client' physical and psychosocial needs including but not limited to: (1) Physical assistance (2) Timeliness (3) Courtesy (4) Patience. Duty to Report Suspected Abuse. In addition to the preceding Services, the Contractor shall report, in accordance with state law, all instances of suspected Client abuse immediately to the Department at the current state abuse hotline (1- 800 - 562- 6078). • Page 13 —_ -_._ 1/30/2008 --- ---- - ----- - ...