HomeMy WebLinkAboutAging & Long Term Care (ALTC) Footcare 2014PERFORMANCE AGREEMENT NO. 2014 -City of Pasco
ADMINISTRATION OFAGREEMENT
THIS AGREEMENT is entered into this A day of De62M , 2013 by
and between Yakima County, hereinafter denominated the "County", through the
Southeast Washington Office of Aging and Long Term Care whose address is P.O. Box
8349, Yakima, Washington 98908, hereinafter denominated the "ALTC ", and City of Pasco,
whose address is P.O. Box 293, Pasco, 99301, hereinafter denominated the "Contractor ",
whose duly authorized representatives are named in documents on file at the Office of Aging
and Long Term Care.
THE PURPOSE of this Agreement is to provide for the delivery of Foot Care 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 Basic
Agreement No. ALTC -12. In the event the Basic Agreement is revised, this Agreement shall
conform to the revisions.
PROGRAM AMOUNTS
Foot Care — Pasco $16,440 Source of Funding.
Foot Care — Burbank $ 2.052 Title III -B (CFDA #93.044)
SCSA
TOTAL FUNDINGALLOCATION $18,492
PERIOD OFAGREEMENT
January 1, 2014 — December 31, 2014
CONTRACTOR SIGNATURES
Gary Crutchfield pity mnager Lori J. Brown, Director
City of Pasco SE Washington Aging and Long Term Care
Date: Z' i Date: )a
I S�
Contract Authorization
Performance Agreement No. 2014 City of Pasco
BOARD OF YAKIMA COUNTY COMMISSIONERS
Excused
Kevin 3. Bouchey, Commissioner
Attest: Tiera L. Girard
Clerk of the Board
BOCC671 -2013 ].' nd Elliott, Commissioner
December 17, 2013 C stituting the Board of County Commissioners
Approved, as to Form: r o for Yakima County, wash /ngton
Deputy Prosecuting Attorney
WSBA# 35$)
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STANDARD TERMS AND PAYMENT PROVISIONS
I APPLICABLE LAWS AND REGULATIONS
The Contractor agrees that services contemplated or delivered within the terms of this
Agreement and funds administered in the delivery of the specified services shall be
provided in accordance with all applicable Federal, State, and local laws and regulations.
A. CFR Title 45, Subtitle A, Part 74, (Administration of Grants)
B. CFR Title 45, Chapter XIII, Subchapter C, Part 1321 (Older Americans Act)
C. WAC 388 - 106 -1100 through 1120 (Senior Citizens Services Act)
D. Older Americans Act (PL 109 -365)
II PROJECT DEFINITION
Geriatric Preventative Foot Care services are intended to provide early detection of existing
and potential foot problems as well as alleviate dry skin problems, and maintenance of
healthy nails. Services include foot inspection and palpation, foot soaks, nail trimming, and
instructions in foot health maintenance. Referrals for follow -up treatment are made to
local physicians and podiatrists.
III PARTICIPANTS
The Contractor agrees that:
A. The target population for geriatric foot care services are the individuals referenced
in the Geriatric Preventative Foot Care Program Standards.
B. There will be written assessment procedures utilized by the Contractor to determine
if clients meet the program target population criteria.
C. The indicators used by the Office of Aging and Long Term Care to assess its
effectiveness at targeting services to individuals who may be vulnerable are:
Low - income
75 years of age or older
Racial or Ethnic minority
Limited or non - English speaking
Living alone
ALTC funding should encourage the effective targeting of services to the vulnerable elderly
by the Contractor. Specific goals to be attained for 2014 are as follows:
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IV
Target Group Percentage
Racial or ethnic minorities 22%
Low - income 40%
75 years of age or older 50%
Limited or non - English speaking 9%
Living alone 40%
The Contractor must report on clients served in these categories.
D. Local medical professionals will be available to provide consultation services and act
in an advisory capacity.
E. Clinics will be held monthly at each designated facility that will include, but not be
limited to, low- income housing facilities and senior centers.
F. Participants shall be referred to the Information and Assistance /Case Management
Program as needed.
G. 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.
H. Services shall be provided throughout Franklin County and in Burbank of Walla
Walla County.
SERVICE SPECIFICATIONS
The Contractor agrees that services provided within the terms of this Agreement shall
meet the following specifications:
A. Efforts will be made to assure access of service to the target population, to include
at least the following:
1. Accessible office or site location;
2. Multicultural, bilingual persons to assist multicultural, bilingual clients in
receiving services;
3. Publicity of program through public service announcements, brochures, etc.;
4. Meeting with other service providers /agencies to explain services the
Contractor provides and how referral can be made;
5. Ability to serve individuals with disabilities.
B. Services shall be delivered in accordance with the State of Washington Aging and
Disability Services Administration Program Standards and information submitted in
Request for Proposal. The Contractor acknowledges receipt of a copy of said
standards. Services provided shall comply with said standards as presently
constituted or subsequently modified.
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V. ANTICIPATED SERVICE LEVELS AND EXPENDITURE RATES
The Contractor agrees that:
A. The levels of service to be provided shall be as described in the Program
Attachments for Foot Care and Geriatric Health Screenings to this Agreement.
Failure to meet the service levels as defined in the Program Attachments may result
in a renegotiation of the funding levels provided under the terms of this Agreement.
B. The County may unilaterally reduce the Agreement budget within thirty (30) days of
the close of the quarter by the amount of the projected quarterly expenditures left
unspent at the end of that quarter. The County shall submit to the Contractor
notification of intent to recapture unspent funds and a modification to the budget
reflecting the adjusted changes in the Agreement.
VI. ADMINISTRATIVE AGREEMENTS:
A. Yakima County may potentially cease as the sponsoring governmental
entity for Southeast Washington Aging and Long Term Care. The parties
agree that in the event that Yakima County ceases as sponsoring
governmental entity, the County shall have the contractual right to
unilaterally assign, without consent or recourse by the Contractor, the
rights and terms under this contract possessed by the County to a newly
created Council of Government (COG) entity which may be created in
the future to handle services on behalf of the County. Such assignment
by the County shall not impact any terms or conditions of this contract
and the parties expressly agree that the effective date of the transfer
shall be made by the Yakima County Board of County Commissioners.
B. Access by DSHS: The Contractor shall provide access at all reasonable times for
DSHS to monitor and /or evaluate the provision of services under this Agreement
in recognition of the responsibility of DSHS for the effective statewide operation of
this program. Nothing herein contained shall be interpreted to imply a privity of
contract between DSHS and the Contractor or to diminish in any manner the
responsibility and authority of the Contractor in administering this Agreement.
C. Access by the County: The Contractor shall provide access at all reasonable times
for the County to monitor and /or evaluate the provisions of services under this
Agreement. The County may, with prior permission from the participant and
knowledge of the Contractor, interview a certain percentage of participants to
ascertain their experiences with the program.
D. Records and Reports: The Contractor agrees to:
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1. Maintain program records and reports, including statistical information, and
to make such records available for inspection by the County in order for the
County to be assured that contracted activities remain consistent with the
terms of this Agreement and the currently approved SE /ALTC Area Plan
which shall be kept on file at the ALTC office. The Contractor further agrees
to provide such information as requested by the County within the time
limitations established by the County.
2. Submit the monthly report showing service level provided by the tenth day of
each month following the month during which the services were provided. 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.
E. Inventory: The Contractor agrees to:
1. Submit to the County vendor invoice(s) at the same time with the monthly
billing before County reimbursement of expenditures of authorized
equipment items of $5,000 or more;
2. Complete at least once a year physical inventory, using forms provided by
the County, of all equipment purchased under this Agreement.
F. Contractors Meeting: The Contractor agrees to have a representative attend the
Office of Aging and Long Term Care Contractors and Long Term Care Planning
Committee meetings.
G. 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:
City of Pasco does not discriminate in providing services on the grounds of
race, creed, color, religion, national origin, gender, age, marital status, or the
presence of any sensory, mental, or physical handicap.
3. Materials publicizing the program must be printed in other appropriate
languages in counties that have a specific minority 60+ population of two
(2 %) percent or more of the general 60+ population.
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H. 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.
I. Private Pa v: 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.
J. Maintenance of Funding_ Sources: The Contractor agrees that:
1. The County funds are not used to replace funds from any other existing
program funding;
2. It will continue or initiate efforts to obtain support from private sources and
other public organizations for this service;
3. It will utilize new funding sources for this service if they become available
through the County and it will make any changes necessary to meet the
requirements of the new funding sources.
K. Fees and Donations: The Contractor agrees that:
1. It will assure that older persons have the opportunity to contribute to all or
part of the cost of the service, but service will not be denied if participant
cannot or does not wish to contribute;
2. It shall utilize client donations to meet project expenses before using State or
Federal funds;
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 and shall be used to provide increased levels or improved quality
of service to the target population.
The state requires that rates charged to others cannot be less than the
program charges the state for the same services (usual and customary fee).
The unit rate charged to the county must equal or exceed the rate billed the
state for the same service or the state must be charged the lower rate.
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L. Monitoring /Assessment Procedures: The Contractor agrees to:
1. Monitor both its fiscal and program status monthly and assess its
performance on program objectives and activities covered under this
Agreement on an ongoing basis.
2. Monitor and assess on an ongoing basis the performance of any
subcontracting agencies, and insure that funds made available are expended
only in accordance with the specific provisions of this Agreement.
3. Recognize that the County will monitor and assess the activities and progress
of all programs covered under this Agreement on an ongoing basis. Said
monitoring and assessment will be accomplished through, but not limited to,
review of program and financial reports, on -site visits (service delivery and
administrative sites), conference with program administrators and staff, and
visits by members of the Office of Aging and Long Term Care (ALTC) staff
and ALTC Advisory Council. Monitoring may include assessing performance
based on information submitted in the Request for Proposal (RFP). Prior
notice of all such visits will be provided.
4. Authorize and /or participate in any program or fiscal evaluations or studies
conducted by the County or DSHS. Prior notice will be provided as well as
final reports of evaluations or studies.
5. Conduct a self - evaluation of the program annually. The self - evaluation shall
include a survey of at least 10% of clients utilizing the service. The
Contractor shall take steps to correct deficiencies found during the internal
monitoring. Monitoring reports shall be made available to the County upon
request.
M. DISCLOSURE OF PERSONAL INFORMATION
The Contractor shall not disclose the contents of any Client records, files, papers
and communications except as necessary for the administration of programs to
provide services to clients as 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 ( "HIPAA'I, 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.
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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.
N. 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 45
CFR 164.
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
42.56.230 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
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a. Client information may be provided to the client, client's authorized
guardian, or a client- authorized 3rd parry 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.
O. 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.
2. The Contractor shall remove data received under this agreement from
computer equipment after it's been used for its stated purposes by using a
"WIPE" utility for purging the Data from electronic storage media,
degaussing the media, or physically destroying the media in such a way
that Data cannot be recovered. Media includes, but is not limited to, the
following:
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);
i. Storage Area Networks (SAN); and,
j. Network Attached Storage (NAS).
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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. 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 42.56.210 RCW Certain Personal & Other Records Exempt
e. 45 CFR 205.50 provides for Safeguarding information for the
Financial assistance Programs and identifies limitations to disclosure
of said information; and,
f. Public Law 99 -508 (18 USC section 2510et. Seq. Electronic
Communications Privacy Act of 1986) Part A of Title IV of the Social
Security Act authorizes disclosure of client information and provides
for safeguards, which restrict the use or disclosure of information
concerning applicants or recipients to purposes directly connected
with administration of the program.
P. 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.
Q. The Contractor will partner with ALTC's oral health program to promote health and
disease prevention. This may include dissemination of educational materials or
Aging and Long Term Care presentations on oral health.
R. Venue. Any action, suit, or judicial proceeding for the enforcement of this Agreement
shall be brought in the Superior Court for the State of Washington in Yakima
County, Washington.
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PAYMENT PROVISIONS
I CONSIDERATION
Payment shall be based on claims for reimbursement as reported on the Office of Aging
and Long Term Care invoice and support documentation and shall be contingent upon the
receipt of all required financial and program reports by the respectively assigned due
dates.
The County shall not be held responsible for any financial loss suffered by the Contractor
as a result of performance of services as outlined in this Agreement in the mutually agreed
budget, service delivery standards, units of service and payment standards.
II GENERAL PAYMENTS CONDITIONS
The Contractor agrees to the following standards in satisfactorily performing the terms and
conditions of this Agreement:
A. No payment shall be made for any contracted activity rendered by the Contractor which
is not identified within the terms and conditions of this Agreement and set forth within
a category of the budget.
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 %) of the County budgeted amount for administration or service delivery.
C. Payments shall be based on the County's receipt of all fiscal and programmatic
reports required by this Agreement to substantiate claims for reimbursement. The
County expressly reserves the right to withhold payment in whole or in part when:
1. The Contractor fails to submit all required documentation, or
2. In the County's judgment, additional information is required to substantiate
the basis upon which claims for reimbursement are made, provided the
request for such additional information is consistent with the requirements of
this Agreement; or
3. Claims for reimbursement are inconsistent with the terms and conditions of
this Agreement; or
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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
as the result of the grant and /or federal contract.
1. Program income may include, but is not limited to, income from: fees for
services performed, proceeds from the sale, lease or rent of assets which were
acquired using federal funds, contributions /donations from clients, honorariums,
consultant fees, training fees, and the like, earned by staff when time spent
earning such honorarium or fee was charged to federal funds, and revenue
generated from sale of fabricated items.
2. Use program income in accordance with the Department of Health and
Human Services Administration of Grants, 45CFR, Sec. 25. Costs borne by
the program income must be used to satisfy cost sharing requirements.
The County agrees to promptly notify the Contractor of any proposed reduction in funding
by State, Federal, or other officials. The Contractor agrees that upon receipt of such
notice it shall take appropriate and reasonable action to reduce its spending in the affected
funding area so that expenditures do not exceed the funding level which would result if
said proposed reduction became effective.
E. Termination of Contract
1. Either party may terminate this Agreement immediately upon written notice, sent
by certified mail, to the addresses listed on Page 1. If the Contractor fails to
comply with the terms and conditions of this Agreement, the County may pursue
such remedies as are legally available, including, but not limited to, the immediate
termination of this Agreement.
2. TERMINATION DUE TO CHANGE IN FUNDING: If the funds ALTC relied
upon to establish this Agreement are withdrawn, reduced or limited, or
if additional or modified conditions are placed on such funding, ALTC
may immediately terminate this Agreement by providing written notice
to the Contractor. The termination shall be effective on the date
specified in the termination notice.
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III
IV
BILLING PROCEDURES
A. Contractor shall submit written claims for reimbursement of contracted activities
provided on the appropriate forms. All payments will be based on contracted
activities provided unless otherwise approved in writing by the County.
B. The County agrees to make payment for contracted activities provided as approved
by the Auditor of Yakima County with County warrants within 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.
UNITS OF SERVICE
A.
B.
C.
C
Definition: A unit of Geriatric Preventative Foot Care service shall consist of one (1)
foot care treatment.
There will be 325 unduplicated individuals served by this Agreement (300 in
Franklin County and 25 in Walla Walla County).
Anticipated Service Level by Quarter:
Month
January - March
April - June
July - September
October - December
Total
Burbank, Walla Franklin Total
Walla County
County
units
20
298
318
20
298
318
20
298
318
20
216
236
80
1110
1190
Anticipated Service Levels includes 468 additional units funded by donations.
Anticipated Expenditure Rate by Quarter:
Month
Burbank
Franklin
Total
January - March
$513
$4,475
$4,988
April - June
$513
$4,475
$4,988
July - September
$513
$4,475
$4,988
October - December
$513
$3,015
$3,528
Total
$2,052
$16,440
$18,492
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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 $18,492 from available funds as submitted on the 2014
Contract Budget Summary. These funds shall be used to provide Geriatric Preventative
Foot Care services. Of this total sum $2,052 is for foot care services in Burbank, Walla
Walla County. This sum shall be available during the period January 1, 2014 through
December 31, 2014. Payment to the Contractor for this unit rate price Agreement shall be
based on the unit rate of $25.57 per unit of Foot Care services (less client donations)
during the period January 1, 2014 to December 31, 2014.
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'n &
AL Long�erm
Care
Southeast Washington
January 13, 2014
Gary Crutchfield, City Manager
City of Pasco
P.O. Box 293
Pasco, WA 99301
RE. Performance Agreement No. 2014 City of Pasco; Foot Care Services
Dear Mr. Crutchfield:
Enclosed, for your files, is a fully executed original of the above
referenced agreement recently approved by the Yakima County
Commissioners' and ALTC Director.
Thank you!
Sincerely,
Kathleen Coffey
Office Specialist
P.O. Box 8349 • Yakima, WA 98908
(509) 965 -0105 • Fax (509) 965 -0221 • 1- 877 - 965 -2582
Web Page: www.alwwashington.com
Southeast Washington Counties:
Asotin • Benton • Columbia • Franklin • Garfield • Kittitas • Walla Walla • Yakima